03 Apr Transfer Of A Liqour Licence
A liquor licence applies to both the premises as well as the owner of the business who is responsible for the sale or storage of the liquor. If the licence holder decides to sell the business or simply leave, he will then need to transfer the liquor licence to a new owner.
The prospective licensee, being the new owner, will then need to apply to the Liquor Licence Tribunal to have the licence transferred into his own name.
As a seller, you must remember that you will still be responsible for the sale of all alcohol until the transfer of the liquor licence is complete. Even though you are no longer involved in the management of the business, you will still be held responsible for the illegal sale of liquor.
Application to the Liquor Licence Tribunal
This process is similar to the application of a new liquor licence.
Application process as set out in the Western Cape Liquor Act
You will need the following when applying for the transfer of the liquor licence;
- A duly completed Form 27 application form;
- Certified copy of your ID’s;
- proof of payment of the R250.00 application fee;
- Registration documentation for the business;
- Proof of ownership of the business; and
- An affidavit stating that the new owner is not disqualified in terms of Section 35 from holding a liquor licence.
The Form 27 application with the supporting documentation will then be delivered to the designated SAPS Liquor Officer in whose jurisdiction the business is situated.
The Designated Officer will thereafter have 14 days to serve a copy of his report on the applicant. It is also important that the Liquor Authority receives a copy of the report along with proof of service on the applicant.
If the report by the Designated Officer contains any information which is unfavourable to the applicant, the Designated Officer must notify the applicant in writing to reply within 7 days of the date of the notice. The Liquor Licensing Tribunal will then have 30 days to consider the report.
The Tribunal will grant a licence if it has been satisfied that the applicant is;
- not disqualified from holding a licence;
- of good character;
- educated and trained in managing the premises.
Once the Tribunal has made its decision, the Authority will then inform the applicant in writing. The applicant will have 60 days to pay the fee issuing of the notice of the transfer. The next step will be the delivery of the certificate of transfer. This certificate will be issued to the applicant and this sets out the important conditions of the liquor licence.
Operating a liquor licence while transfer takes place
It is important to note that you may not sell or supply any alcohol until the transfer of the liquor licence has been approved. However, the applicant can apply to the Tribunal for consent to sell liquor from the premises while transfer takes place. Remember that this temporary licence will only last 6 months, but the Presiding Officer can extend or revoke the consent at any time.
The same conditions of the liquor licence will apply to the premises and licensee once the consent has been granted.
The Hospitality Management Company
THMC are experts in the Liquor Licencing field. We can help you transfer the liquor licence into your own name, or determine whether it would be beneficial to transfer the licence into the business name.
Click here to learn more about how The Hospitality Management Company can assist with obtaining a licence for your premises.