New booze rules may see stores close
The new rules include a ban on issuing liquor licences to premises within 80 metres of a school or place of worship.
A CONTROVERSIAL ruling against KZN liquor stores situated close to schools or places of worship, could force them to close down.
Judge Mahendra Chetty this week ruled in the Pietermaritzburg High Court that stringent provisions under the new Liquor Act will apply to all liquor outlets.
These include a ban on issuing liquor licences to premises within 80 metres of a school or place of worship.
According to media reports, the MEC for Economic Development, Tourism and Environmental Affairs, the Premier and the Liquor Board were respondents in an application by Shoprite Checkers, seeking a ruling that the 80 metre prohibition should only be applicable to new licence applicants and not to existing licence holders.
According to evidence filed, about 1 600 liquor stores in the province were affected by the restriction, including 12 Shoprite stores.
Shoprite argued that the legislation was not applicable to existing licence holders, and even if it was, constituted a removal of right to trade and an arbitrary deprivation of property and a violation of constitutional rights of property.
Social factors
The MEC however argued that the policy was a result of compelling social reasons, including that some learners were immature and unable to make moral or value judgments at an susceptible age.
In terms of the 2010 legislation, the Liquor Board is afforded discretion to grant licences within 500 meters of schools and churches, after accessing harm and prejudice, but a total ban applies within 80 meters.
Judge Chetty, however said the respondent submitted that the policy was determined after public participation, including liquor manufacturers, retailers and trade associations.
The respondents argued that it was never the intention to separate old and new licence holders with a system whereby old licence holders were immune to change.
Judge Chetty agreed and said numerous aspects of life was subject to change.
He said that liquor stores would not be stripped of the right to trade, but have to do so from different premises.
Taverns, bed and breakfasts, restaurants, bottles stores and large chain stores will be affected by the ruling.
