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For the love of the drink..

February 2, 2016/in Trunek/by Linda Botha

 

Being the month of love, this month’s blog will focus on creating awareness of the adverse effects of alcohol abuse and how potential and current license holders can care for his/her patrons, and in the broader sense, the community as a whole.  The Provincial Liquor Boards have high regard for any efforts in combatting alcohol abuse and stipulations to this effect are captured in the relevant Acts and Regulations of each Province.

South Africa has been labelled a hard drinking Country and shockingly also as the “drunkest” Country in Africa.  According to a World Health Organization (“WHO”) report released in 2011, South Africa has among the highest per capita consumption rates in the world, and this rate has grown substantially since.

Readers will not need reminding of the associated health hazards.  Not to mention the financial and social implications thereof.  Social cost relates to absenteeism, poor productivity and interpersonal conflict.  A high social cost grows from the behaviour that is caused by drunkenness: crime, interpersonal violence, sexual offences against children (and others), reckless driving leading to the high statistics of deaths on South African roads, unsafe sex, fetal alcohol syndrome and child neglect, and school absenteeism.

Surveys show that alcohol use among our youth is common and on the increase for both males and females. The reasons for the use and misuse of alcohol include peer pressure, poor home environment, ignorance to the harmful effects of alcohol abuse, the relative cheapness of alcohol products and the ease of access.

How do we prevent and combat the growing statistics?  By creating awareness.  Among friends, customers, youth and anyone who will listen.  “Awareness is Careness”

Prospective and current holders should commit themselves to combating alcohol abuse by:

  • Never making alcohol available to minors, not for tasting nor purchasing. Identity documents should be requested when in doubt of whether a patron is of legal drinking age.
  • Legal Information – responsible hosts need to familiarize themselves with their legal obligations in order to protect their licenses and keep to the provisions of the Law.
  • Assess Your Guest – anticipate the problem and attempt to slow down the pace of the customer’s drinking if need be. Offer a water round or something to eat.
  • Alcohol Information – responsible hosts need to educate themselves on how alcohol affects people, signs of intoxication to look for, and creating tactics that the server can use to serve more responsibly.
  • Intervention – if a customer refuses offers of water or food, refuse further service to the customer in a polite but firm manner, and offer to help them arrange a lift home via public transportation or family/friends.  That way the customer gets home safely and does not linger.
  • Educate the community – create an awareness within the local community about the harmful health, social and economic effects of alcohol abuse.
  • Lead by example – responsible hosts should always behave in a manner which speaks of a healthy heart and mind and not make themselves guilty of alcohol abuse.

 

At the end of the day responsible alcohol consumption leads to better outcomes for everyone.

 

Cheers!

https://trunek.co.za/wp-content/uploads/2016/02/DIY-Wine-Cork-Stamps.jpg 1067 1600 Linda Botha http://trunek.co.za/wp-content/uploads/2016/05/trunek-logo-web-300x300.png Linda Botha2016-02-02 12:46:572016-02-02 12:46:57For the love of the drink..

High Maintenance

November 2, 2015/in Trunek/by Linda Botha

Regardless of the type of business functioning under your current liquor license registration, (be it a restaurant, hotel, guest house or liquor store), to ensure that you don’t find yourself in the predicament of your registration being removed and having to re-apply, your current registration needs to be maintained.  It’s quite similar to maintaining any other aspect of your business and due care should be taken in the following scenarios:

 

Sale of a licensed business:

Should the business be sold, the current registration needs to be transferred to the new owner, and more importantly the registration should be maintained by annually renewing the license, whilst the transfer application is being considered by the Board. As soon as the application for transfer is lodged, new owners may carry on with business as before.

 

Change in management:

Should a new manager be appointed – who will be managing the business in so far as the license is concerned – this needs to be brought to the Liquor Board’s attention and an application needs to be lodged for approval by the Board.

 

Deregistration of a company:

For purposes of sustaining the registration and enabling the owner to buy stock, the license needs to be registered in the name of a member, as elected by the directors, or the sole director of the deregistered company.

 

Structural alterations to the premises:

If the existing area is expanded, changed/added to – as with any permits applied for beforehand to commence with any changes to the premises, so also the Liquor Board should be approached by lodging the relevant application to permit material changes to the licensed premises.

 

Variation of the conditions of the registration:

All businesses go through growths and changes. If it happens that a license registration was granted under the conditions of a restaurant and it appears later on that the business best functions as a tavern, the conditions of the registration can be changed.  The relevant application for changes of this nature needs to be lodged for consideration and approval by the Liquor Board.

 

Annual renewal of licenses:

Each Province has its own timeframes and fees in respect of annual renewals (usually at the end of each year). The non-payment of renewal fees are seen as negligence in the maintenance of the registration and most Liquor Boards will not consider condonation for late payment of renewal fees.

For the Free State Province annual renewals start in December of every year and all renewal fees need to be paid on/before (before is highly recommended) the end of February of the following year (the relevant renewal year).

 

There are many more instances where it is necessary to maintain your license by way of notifying the Board of any changes to be made, be it materially or conditionally.  Contact us today for any queries on the influence intended changes to your business might have on your liquor license registration.

 

Cheers!

https://trunek.co.za/wp-content/uploads/2015/11/Maintenance.jpg 550 822 Linda Botha http://trunek.co.za/wp-content/uploads/2016/05/trunek-logo-web-300x300.png Linda Botha2015-11-02 15:56:472015-11-02 15:59:41High Maintenance

Cheers to the Artists

October 5, 2015/1 Comment/in Trunek/by Linda Botha

Brewing, distillation and viniculture – these are all scientific art forms.

 

FUN FACT: Brewing has taken place since around the 6th millennium BC and archaeological evidence suggests that evolving civilizations, including ancient Egypt and Mesopotamia, brewed beer. Since the nineteenth century the brewing industry has been part of most western economies.

 

By definition the Liquor Act and Regulations defines beer or manufacturing of liquor as follows:

“manufacture”: means to produce or bottle liquor or methylated spirits for the purpose or with the intent of selling it.

 “micro-manufacturer”: means a person registered as such to manufacture liquor or methylated spirits at or below the threshold volume prescribed by the National Liquor Act.

 “beer”: includes –

  • Ale, cider and stout;
  • Any other fermented drink, other than traditional African beer –
    1. That is manufacture as, or sold under name of, beer, ale, cider or stout, if it contains more than one percent by volume of alcohol; or
    2. That is declared to be beer under section 42(2) of the National Liquor Act.

 

LEGAL FACTS:

First and foremost: A person is not permitted to manufacture or distribute liquor, except to the extent that the person is legally licensed to do so in terms of the National or Provincial Liquor Acts.

Any permit for the manufacturing of liquor will be granted subject to conditions and these conditions will be founded on the Applicant’s motivation and the conditions under which the manufacturing will take place.

A licensed micro-manufacturer may manufacture liquor in a volume not exceeding the prescribed threshold.  The threshold is listed under Regulation 12 of the National Liquor Regulations.

A micro-manufacturer may further, in compliance with the conditions under which he/she is licensed, distribute the liquor that is manufactured to another manufacturer, a distributor or retail seller.

For the Northern Cape Province a manufacturing/brewing license allows the manufacturer to manufacture alcohol / brew beer and to sell their product on the premises, where manufactured, for enjoyment elsewhere (off-consumption).  The tasting or serving of manufactured liquor on the premises (on-consumption), is permitted by way of a separate application, which can be lodged in conjunction with the initial registration application.

 

APPLICATION FACTS:

Again, the motivation in the application for the manufacturing of liquor is key.  The Applicant needs to convince the Board that he/she will responsibly manage and maintain the license for the manufacturing of liquor.

The Applicant further needs to ensure that the documentation needed to successfully lodge his/her application accompanies the duly completed and signed application form.  A poorly prepped and ill-motivated application could prolong the process, or could lead to the application being rejected.

Each Province has its own application forms, prescribed fees and processes and therefore it’s best to consult with a License Consultant to ensure that the correct procedure is followed.

 

For any further information on the license to manufacture liquor contact us on info@trunek.co.za.

 

Cheers!

https://trunek.co.za/wp-content/uploads/2015/10/snow-restaurant-mountains-sky-large.jpg 550 733 Linda Botha http://trunek.co.za/wp-content/uploads/2016/05/trunek-logo-web-300x300.png Linda Botha2015-10-05 21:16:502015-10-05 21:23:43Cheers to the Artists

The Spotlight on Special Events

August 21, 2015/in Trunek/by Linda Botha

In the Free State Province the license issued for special events is known as just that – Special Events Registration.  In some other Provinces this type of license is known as an occasional license.

For the Free State Province the application for a special events registration must be supported by an existing license. Some applicants make use of a host in this regard and the host, who is the holder of the license, needs to grant his/her/its permission for the license to be used in support of the application and of course needs to be involved in hosting the event.

The application for a special event registration is one that can be easily dismissed by the Liquor Board and needs to be motivated properly.  Most applications are finalized within two to four weeks of applying, but it is recommended to lodge a comprehensive application at least one month before the actually event.

When planning an event, make sure to also prepare your event liquor license application well in advance. An application for a special event registration that is most convincing is one of colour and preparation thereof should form an integral part of planning the event. A well motivated written representation and advertisement of the event, in the form of a poster or pamphlet, makes it easier for the Board to consider and grant the registration.

The granting of a special events registration is also subject to the applicant not being disqualified in terms of the relevant Act and Regulations, and no registration will be granted to any person who does not qualify.

Applications fees – most Liquor Boards charge a minimal application fee for a special event registration, not at all the cost of a new registration. Subsequent to granting of the license a registration fee is charged, which is a minimal fee for each day on which the event will take place.

 

For more info on special event registrations – feel free to contact us on info@trunek.co.za.

 

Cheers!

https://trunek.co.za/wp-content/uploads/2015/08/black-and-white-party-music-club-large.jpg 550 825 Linda Botha http://trunek.co.za/wp-content/uploads/2016/05/trunek-logo-web-300x300.png Linda Botha2015-08-21 08:32:332015-08-21 08:32:33The Spotlight on Special Events

Liquor Licensing 101

July 23, 2015/in Trunek/by Linda Botha

Today I want to start by giving prospective license holders a brief overview of the process of an application for a new registration.   I am going to base my overview on licenses for the Free State Province, but will keep the info flexible and compatible to all Provinces.

The application for a new registration – the Mount Everest of the liquor licensing world.  It might be a steep climb and conditions might be difficult – but the view from the top!  Having the right support (your liquor license consultant) is hugely important.  Your chosen liquor license consultant will manage the process and should keep you updated at all times, and of course the applicant’s cooperation is essential.

The application starts out with an application form, which has to be completed electronically.  The attachments that need to accompany your application form depends on the type of business.  The applicant needs to convince the Liquor Board that he/she is capable of responsibly managing a liquor license.  Whatever you can add to bring this point across should be included in your application.  The basic set of documents to be attached are listed on the index of the application form i.e. Municipal approved plans of the premises, a detailed description of the external and internal features of the premises, a comprehensive written motivation, proof of payment of the applicable application fees and the legal notices, to name but a few.

Every annexure should be individually planned and compiled, applications are not a copy and paste job and should be customized for each outlet.  There are a lot of details to be kept in mind when preparing the annexures to be included in the application and for this reason it is best to appoint the services of a competent consultant.

Applications are lodged on the first Friday of every month and on date of lodgement the relevant notices (the applicant’s intent to lodge the application), should appear in both the relevant Provincial Gazette and a local newspaper, which is circulated in the area where the proposed licensed premises is located.  This could be tricky to keep track of and the timeline of when the application will be complete and ready for lodgement should be planned accordingly to avoid unnecessarily wasted advertisement costs.  Your liquor license consultant can advise in this regard.

When the application is lodged the Liquor Board will give a formal written acknowledgment thereof.  This written acknowledgement together with a copy of the lodged application should be kept for easy referral later on.  It could also happen that the application goes missing and the Board will then request a copy thereof to continue the process.  ALWAYS keep copies of all documents submitted to or received from the Board.

The period between lodging and finalizing of an application can drag on for quite some time.  This is a fact all prospective applicants need to accept.  As long as your consultant is making regular follow up and providing the Board with additional documents or information on request thereof, the process is sure to come to an easy close.

Feel free to comment below or direct all queries to info@trunek.co.za.

Cheers!

https://trunek.co.za/wp-content/uploads/2015/07/15607220338_a63813d90b_z.jpg 427 640 Linda Botha http://trunek.co.za/wp-content/uploads/2016/05/trunek-logo-web-300x300.png Linda Botha2015-07-23 11:08:312015-07-23 11:12:57Liquor Licensing 101

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