Western Cape moves forward with more stringent planned alcohol sales laws



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Western Cape Community Security Minister Albert Fritz says his department has begun work on proposed amendments to the Western Cape Liquor Act.

“These amendments are aimed at reducing alcohol-related harm and are currently on their way to the legal services of the Western Cape Government,” it said in a statement.

“From then on, it will be referred to the provincial Treasury and to myself in my capacity as provincial minister of Community Security.”

Fritz has previously said his department is tasked with amending the law as part of a plan to cut the murder rate in the province in half over the next 10 years.

“During the lockdown, my department monitored the number of homicides that showed that at the beginning of the lockdown, the homicide rate had been cut in half.

“However, as we moved to alert levels 4 and 3, the murder numbers increased, but then decreased slightly when the alcohol prohibition and curfew were reinstated,” he said.

Fritz said that these interventions are not sustainable as they had a great impact on the province’s economy and contribute to unemployment in vulnerable communities.

Instead, Fritz said the province wants to make the following changes:

  • Ensuring that points of sale keep a record of all liquor sales and prescribe the required measure of detail;
  • Permanently confiscate the seized liquor upon payment of a fine for admission of guilt;
  • Require licensees to take reasonable steps to determine that a customer is of legal drinking age;
  • Insert an objective test within the Act to determine if alcohol has been sold to an unlicensed establishment / individual;
  • Align the Law with the Liquor Products Law to ensure a uniform definition of “illicit liquor”;
  • Provide a public participation process to modify existing licenses.

Statistics

The push for stricter regulations around the sale of alcohol comes as the province prepares for a long weekend. “I urge residents to drink responsibly if they want to drink over the long weekend,” Fritz said.

“We know that alcohol-related or caused accidents increase on long weekends,” he said. “Over the long weekend, barricades will be in place to ensure our roads are safe to use.”

Fritz said that between March 27, 2020 and September 18, the Western Cape Liquor Authority investigated 162 complaints, of which 61 section 71 matters were placed on the Liquor Licensing Court case register ( LLT). Total:

  • 46 licenses were suspended;
  • 11 applications were rejected; and
  • There are 4 pending requests.

Of the 46 licenses that were suspended, 43 article 71 (4) restitution hearings and 13 article 20 considerations were held on these matters, of which:

  • One license was revoked after the completion of a section 20 consideration, while the LLT lifted 39 suspensions;
  • Two suspensions were lifted, one in the Western Cape Superior Court and the other as part of internal proceedings by the Court of Appeals;
  • Three restitution hearings are pending.

Read: Expect Tight Surveillance During Lockdown Level 1, Especially Curfew and Alcohol Sales – Minister



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