Proposed changes to South Africa’s liquor laws have caused much consternation and angst amongst business people and liquor licence holder’s country-wide. Of particular concern is the mooted (and highly contentious) raising of the national minimum drinking age from 18 to 21 years.

Many question whether this will actually help – remember the complete failure of prohibition in the USA, which did much more harm than good?  In South Africa persons become adults for all legal purposes upon attaining the age of 18 and, if you are are responsible enough to vote, why not also to drink?  Many people urge greater and more efficient enforcement of existing laws before passing new ones.

It is, however, important to understand how these proposed changes arise and if and when they are in fact going to become law.

One of the primary causes of the prevailing confusion arises from the average person not knowing that in South Africa we have a national liquor law and that, in addition, each province should have its own provincial liquor law.

Certain problems have arisen due to different laws being applied in different provinces. An example of this is the law relating to the sale of liquor on Sundays and opening and closing times, etc. Compounding this problem is the fact that some provinces have not passed their own liquor law at all, despite the enabling national liquor legislation having been passed way back in 2003. Those provinces that have passed their own law have also experienced the inevitable teething problems, resulting in the need for urgent re-examination.

In an attempt to regularize the situation the National Department of Trade and Industry, and the Western Cape Provincial Government in particular, have recently gazetted new legislation for comment and general information.  It is this development that has now given rise to considerable unease amongst liquor licence holders, some of whom think the law is already in force or is imminent. 

This is not the case because the current Western Cape Liquor Bill is just that, a Bill not an Act, and in any case it does not deal with any sweeping issues; it simply rectifies a number of administrative problems.  Only if a new Act is put in place to amend the existing Provincial Act so as to bring it into line with any potential new national law, will it introduce meaningful changes. 

The Department of Trade and Industry has set the potential new national legislation in motion by publishing, on 13 February 2015, National Norms and Standards relating to National Liquor requirements. The Norms and Standards deal, amongst other things, with additional requirements in order to obtain a liquor licence such as tax clearances by applicants, the minimum drinking age mentioned above, police clearances, amenities for disabled persons, available drinking water, condoms, safety regulations, weapons, etc. This is not “law” but a guideline, which is intended to harmonize the national liquor legislation with the various provincial liquor laws. 

On 20 May 2015 the Department published a General Notice in the Government Gazette outlining national liquor policy and inviting public comment.  The General Notice and the National Norms and Standards deal with possible new laws but they are not yet enforceable Acts and are, at this stage, simply for public information and comment. Because they are only guidelines or discussion documents, they have a long way to go before becoming law and can, and will likely, change considerably before actually being implemented. 

Take a deep breath all liquor licence holders as this is typically a lengthy process!