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This is the latest version of this By-law.
Liquor By-law, 2019
- Published in Eastern Cape Provincial Gazette no. 4329 on 21 October 2019
- Commenced on 21 October 2019
- [Up to date as at 15 October 2021]
PreambleWHEREAS the Municipality has the competence in terms of Part B of Schedule 5 of the Constitution of the Republic of South Africa to control undertakings that sell liquor to the public;WHEREAS FURTHER in terms of Sections 22(2)(d)(i) and 42(b) of the Eastern Cape Liquor Act 10 of 2003 ward committees of local municipalities have a duty to submit a report to the Eastern Cape Liquor Board and the relevant Municipal Council regarding all applications for registrations in terms of the said Act, and local municipalities have a duty to determine the hours within which liquor may be sold within its area of jurisdiction;AND WHEREAS in terms of Section 11(3)(m) of the Local Government: Municipal Systems Act 32 of 2000, read with Section 162 of the Constitution of the Republic of South Africa Act 108 of 1996, municipalities have the legislative power to promulgate By-laws regarding any matter which falls within its functional competence;NOW THEREFORE the Council of the Mbizana Local Municipality, acting in terms of Section 156 read with Schedule 5 (Part B) of the Constitution of the Republic of South Africa Act 108 of 1996, and read with Section 1 of the Local Government: Municipal Systems Act 32 of 2000, hereby makes the following By-law:
1. Definitions"Act" means the Eastern Cape Liquor Act, 2003 (Act 10 of 2003);"casino" means a casino operated in terms of the National Gambling Act, 2004 (Act 7 of 2004);"Council" means the Mbizana Municipal Council or any other committee or official acting by virtue of any powers delegated by Council;"hotel" means premises wherein or whereupon the business of supplying lodging and meals is conducted or is intended to be conducted, and includes a motel, inn, bed and breakfast concern, caravan and camping park, guesthouse, a lodge and a house boat;"Board" means the Eastern Cape Liquor Board established in terms of Section 4 of the Act;"official" means any person authorised by Council to perform the function of an officer under this By-law and includes any member of the South African Police Service or any person appointed in terms of the Act;"premises" includes any place, land, building or conveyance or any part thereof which is registered or which is seeking to be registered to trade in liquor;"registered premises" means premises on or from which a trader conducts his or her business;"Regulations" means the Regulations published as Notice No. 1143 of 8 April 2004 made under the Act;"selling hours" means the time during which a trader is allowed to sell liquor in terms of Schedule 1 and "trading hours" shall have the same meaning;"trader" means a person who is registered in terms of Section 19 of the Act;"trading" means the selling, display for sale or supply of liquor; and"ward committee" means a committee as contemplated in the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998).
4. Objects of By-law
6. Trading hours
7. Selling of liquor at other times
8. Ward committee report
14. Short title and commencement
History of this By-law
21 October 2019 this versionPublished in Eastern Cape Provincial Gazette no. 4329By-law commences.