What the Level 2 liquor regulations mean for retailers

by Danie Cronje. When Level 2 lockdown commences on 18 August in South Africa, the following will apply in regard of liquor sales for retailers, brands, wineries and on and off-site consumption.

Liquor sales for off-site consumption

Wineries, craft breweries and craft distilleries will be permitted to:

• Conduct the administration relating to sales to the public, e.g., online sales at any time; but may only deliver liquor on Monday to Thursday from 09h00 to 17h00 (excluding public holidays).
• Sell liquor to the public at their tasting room on Monday to Thursday from 09h00 to 17h00 (excluding public holidays).
• Conduct the administration relating to sales to the trade at any time provided that liquor is only transported and delivered to licence holders on Monday to Saturday from 06h00 to 18h00 and on Sundays and public holidays from 09h00 to 17h00. Since the Level 2 regulations do not prescribe days and times during which distribution is permitted, we recommend that the Practice Note by the National Liquor Authority, which prescribes the above mentioned days and times for the distribution and delivery of liquor to the trade, be adhered to.

Retail sales

Supermarkets, liquor stores, wine shops will be permitted to:

• Conduct the administration relating to online sales to the public at any time but may only deliver the liquor on Monday to Thursday from 09h00 to 17h00 (excluding public holidays).
• Sell liquor to members of the public in store from Monday to Thursday from 09h00 to 17h00 (excluding public holidays).
• Online retailers will be permitted to conduct the administration relating to online sales to the public at any time, but may only deliver the liquor on Monday to Thursday from 09h00 to 17h00 (excluding public holidays).

Manufacturing and distribution

Manufacturers and distributors of liquor will be permitted to:

• Manufacture liquor at any time.
• Conduct the administration relating to liquor sales to the trade at any time, provided that liquor is only transported and delivered to licence holders on Monday to Saturday from 06h00 to 18h00 and on Sundays and public holidays from 09h00 to 17h00. Since the Level 2 regulations do not prescribe days and times during which distribution is permitted, we recommend that the Practice Note by the National Liquor Authority, which prescribes the above mentioned days and times for the distribution and delivery of liquor to the trade, be adhered to.

Liquor sales for on-site consumption

Businesses with liquor licenses which permit them to sell liquor for consumption on the premises (with the exception of nightclubs), will be permitted to sell liquor for consumption on the days prescribed by the Liquor Trading Bylaw of the relevant municipality; or the provincial Liquor Act (where no bylaw has been promulgated).

Liquor sales may commence at the time prescribed by the relevant bylaw or provincial liquor act, but may not take place after 22h00 when the curfew commences. Businesses with on-consumption licenses will not be permitted to sell liquor for off-site consumption – as was permitted earlier during the lockdown.

Transport of liquor by the public

Members of the public will be permitted to transport liquor on any day and at any time (subject to the curfew).

Wine tastings

The following will apply in regards of wineries with tasting rooms in the Western Cape:

• Since the micro-manufacturer’s liquor licence (held by wineries in the Western Cape which manufacture less than 4 million litres of wine per year) is a “micro-manufacturer’s on- and off-consumption licence”, wineries are permitted to offer the wine which they manufacture for tasting and on-site consumption during the hours permitted for on-consumption sales.
• Tastings and on-site consumption – of wine manufactured by the winery – are permitted on the days and during the hours prescribed by the Liquor Trading Bylaw of the relevant municipality. The tasting and sales may however not take place after 22h00 when the curfew commences.
• Wineries may, however, only sell wine for off-site consumption to members of the public at their tasting room on Monday to Thursday from 09h00 to 17h00 (excluding public holidays). So, the public are allowed to order their wine over the weekend from a wine farm and pay for it; but can only take delivery of it during the week, Monday to Thursday, as per the permitted days and hours above.

Since 1998, liquor law attorney Danie Cronjé at Danie Cronje Attorneys, has been involved in advising key role players in the wine industry on all liquor-related laws. He continues to streamline all the processes for his clients’ relating to liquor licensing and the regulation thereof.

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