THIRD DRAFT
CITY OF CAPE TOWN
DRAFT BY-LAW RELATING TO LIQUOR TRADING DAYS AND HOURS,
2008
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WHEREAS a municipality has competence in terms of Section 156(1)(a) read with Part
B of Schedule 5 to the Constitution of the Republic of South Africa, 1996, to control
undertakings that sell liquor to the public;
WHEREAS a municipality may, in terms of Section 156(2) of the Constitution, make and
administer by-laws for the effective administration of the matters which it as the right to
administer;
WHEREAS the Western Cape Liquor Act, 2008 (Act No. 4 of 2008) provides for a
municipality to determine different trading days and hours for licensed businesses
selling liquor;
WHEREAS it is the intention of the City to only set trading days and hours for licensed
premises enjoying correct zoning or land use rights, provided that this does not indicate
support for establishing new undertakings or establishments;
AND NOW THEREFORE, BE IT ENACTED by the Council of the City of Cape Town, as
follows:-
Definitions
1.
In this By-law, words shall bear the meaning assigned to them, unless the context
indicates otherwise, and -
“City of Cape Town” means the City of Cape Town established by the City of Cape
Town Establishment Notice published in Provincial Notice No. 479 of 2000, as
amended, and “City” has a corresponding meaning;
“establishment” means the type of premises, business, outlet or land use activity as
described and defined in the Act or relevant applicable local zoning scheme, and
“undertaking” has a corresponding meaning;
“the Act” means the Western Cape Liquor Act, 2008 (Act No. 4 of 2008).
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Trading days and hours for consumption on licensed premises
2.
Businesses licensed to sell liquor by the Liquor Licensing Tribunal in terms of the
Act may sell liquor for consumption on licensed premises of such business situated
within the area of jurisdiction of the City of Cape Town, on the foll