Repealed
This by-law was repealed on 1 June 2018 by Amended By-law relating to liquor trading days and -hours for sale of liquor in Matzikama Municipality Area.
By-law on liquor trading days and hours of Matzikama Municipality
Published in Western Cape Provincial Gazette no. 7339 on 12 December 2014
Commences on 12 December 2014 unless otherwise noted
1. Definitions
2. Purpose of By-law
The Municipality, acting in terms of the powers granted to it in the Act, adopts this By-law with the aim of regulating the hours during which liquor may be sold and matters related thereto.3. Application of By-law
This By-law applies to all premises, situated within the area of jurisdiction of the Municipality, on which a business in the trading of liquor; (a) Those selling liquor to the public of consumption on the licensed premises; (b) Those selling liquor to the public of consumption off the licensed premises; and (c) Those selling liquor to the public of consumption on and off the licensed premises.4. Trading days and hours for sale and consumption of liquor on licensed premises
5. Trading days and hours for sale of liquor for consumption off licensed premises
6. Trading days and hours for sale and consumption on and off the licensed premises
A licensee of premises upon which liquor may be sold for consumption on and off the licensed premises may sellliquor in terms of the trading hours prescribed in subsection (4) and (5). EXTENDED TRADING TIMES7. Application for extended trading days and hours
8. Suspension, Amendment and Revocation of Extended Liquor Trading days and Hours
9. Prevention of illegal sale of liquor and seizure of liquor
10. Display of signage and other obligations of the licensee
11. Safety and Security
12. Liquor premises must be weapon free
Right of admission to liquorpremises is reserved and no weapons or sharp objects are permitted inside on consumption liquorpremises. A safe should be available at all times on consumption liquorpremises in case persons in possession of guns or sharp objects need access to the premises.13. Nuisances
14. Offences and Penalties
15. Appeal
16. Repeal
The provisions of any By-laws (including (4/2012) previously promulgated by the Municipality or by any of the disestablished Municipalities now incorporated in the Municipality area hereby repealed as far as they relate to matters provided for in this By-law.17. Short title and commencement
This By-law shall be called the By-law on liquor trading days and hours of Matzikama Municipality, and shall come into operation on the date of publication thereof in the Provincial Gazette.Schedule
A | License in terms of Section 33(a) of the Act for micro-manufacturing and sale of liquor for consumption both on and off the premises. | ||
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TRADING HOURS | |||
1. Agricultural zoned area & Rural area | On-consumption | Off-consumption | |
Winery (farmstall) | 10:00 – 02:00 | 8:00 – 20:00 | |
2. Industrial zones | |||
Winery | 10:00 – 02:00 | 8:00 – 20:00 | |
B | License in terms of Section 33(b) of the Act for the sale of liquor for consumption on the premises where liquor is sold. | ||
1. Residential zoned area | On-consumption | ||
Guest accommodation establishment | 10:00 – 00:00 (see Section 4) | ||
Business premises / Specific business | 10:00 – 00:00 (see Section 4) | ||
Place of entertainment / Place of recreation | 10:00 – 00:00 (see Section 4) | ||
Sports & community club (excluding special events requiring temporary licenses) | 10:00 – 00:00 (see Section 4) | ||
Hotel | 10:00 – 02:00 (see Section 4) | ||
2. Rural or neighbourhood business areas | |||
Guest accommodation establishment | 10:00 – 00:00 (see Section 4) | ||
Business premises / Specific business | 10:00 – 00:00 (see Section 4) | ||
Place of entertainment / Place of recreation | 10:00 – 00:00 (see Section 4) | ||
Sports & community club (excluding special events requiring temporary licenses) | 10:00 – 00:00 (see Section 4) | ||
Tourist facility | 10:00 – 00:00 (see Section 4) | ||
Hotel | 10:00 – 00:00 (see Section 4) | ||
3. Business zoned areas / General Business | |||
Guest accommodation establishment | 10:00 – 02:00 (see Section 4) | ||
Business premises / Specific business | 10:00 – 02:00 (see Section 4) | ||
Place of entertainment / place of recreation | 10:00 – 02:00 (see Section 4) | ||
Sports & community club (excluding special events requiring temporary licenses) | 10:00 – 02:00 (see Section 4) | ||
Hotel | 10:00 – 02:00 (see Section 4) | ||
4. Industrial zones | |||
Business premises / Specific business | 10:00 – 02:00 (see Section 4) | ||
Place of entertainment / Place of recreation | 10:00 – 02:00 (see Section 4) | ||
Sports & community club (excluding special events requiring temporary licenses) | 10:00 – 02:00 (see Section 4) | ||
5. Agricultural zoned area & Rural area | |||
Guest house accommodation establishment | 10:00 – 02:00 (see Section 4) | ||
Business premises / Specific business | 10:00 – 02:00 (see Section 4) | ||
Place of entertainment / Place of recreation | 10:00 – 02:00 (see Section 4) | ||
Sports & community club (excluding special events requiring temporary licenses) | 10:00 – 02:00 (see Section 4) | ||
Hotel | 10:00 – 02:00 (see Section 4) | ||
Winery | 10:00 – 02:00 (see Section 4) | ||
Tourist facility | 10:00 – 02:00 (see Section 4) | ||
C | License in terms of Section 33(c) of the Act for the retail sale of liquor for consumption off the premises where liquor is sold. | ||
Off-consumption | |||
Bottle store, retail food store, off-sales, wholesaler, | 08:00 - 20:00 Mo-Sa (see Section 5) | ||
Tourist facility | 08:00–20:00 Mo-Su (see Section 5) | ||
D | License in terms of Section 33(d) of the Act for the sale of liquor for consumption on and off the premises where liquor is sold. | ||
On-consumption | Off-consumption | ||
Exceptional circumstances (temporary license, on-consumption only) |
10:00-00:00 Mo-Th 10:00-02:00 Fr -Sa 10:00-22:00 Su |
09:00-20:00 Mo-Sa 09:00-16:00 Su |
|
E | License in terms of Section 33(e) of the Act for the sale and consumption of liquor on and off the premises at a special event. | ||
On-consumption | Off-consumption | ||
Concert / festival / Sporting event / entertainment event (as determined by special applications and / Liquor tribunal) |
10:00-23:00 Mo-Th 10:00-00:00 Fr-Sa 10:00-20:00 Su |
09:00-20:00 Mo-Sa 10:00-13:00 Su |
|
F | A temporary license in terms of Section 33(f) of the Act for the sale and consumption of liquor on or off the premises. | ||
The days and hours will be the same as contained in this schedule, depending on the type of license and the location of the event for which the application is made. | |||
Note: Determine of application of applicable location category Where the location category as set out above is unclear or in dispute or difficult to determine or areas are not zoned homogenously (eg. a business zoned premises in the middle of a residential area) then the actual zoning, consent use or departure rights of the subject licensed premises will take precedence in order to determine the category. |