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Nina’s Liquors – Have Your Say

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Nina’s Liquors have applied for a liquor license for the sale of liquor for Off Premises Consumption at 48 Mary Boyd Avenue, Kensington, Ward 7, Gqeberha, Nelson Mandela Bay.

The Ward 7 Committee is seeking comments/objections to the proposed liquor licence to be included in a report in terms of Section 22(2)(d)(i) of the Eastern Cape Liquor Act, 2003 (Act 10 of 2003).

CLICK HERE to download an objection form – Ninas Liquors Objection

Some info to make an informed decision:

There is a registered liquor store a few houses up from 48 Mary Boyd – Flavelle Liquor Store – established on 24 December 2020 with identification number K2020937664 at 58 Mary Boyd Avenue, Kensington, Ward 7, Gqeberha, Eastern Cape, 6001.

In this specific application the applicant may also have to submit a copy of the application to the governing body of every education institution or place of worship within a radius prescribed by the MEC from the premises in respect of which the application is made.

It would appear that there is no uniformity in terms of just how far away from a school/church/education institution a liquor outlet may be situated. Distances range from 78.6m in Kwazul-Natal to 100m in Gqeberha – all owing to a challenge against the legislation around the interpretation of 500m circumference equating to a 78.6m radius as derived from a 2016 Shoprite Checkers Supreme Court of Appeal judgment against the Department of Economic Development Tourism and Environmental Affairs (EDTEA) and the KZN Liquor Authority.

A cursory examination of the slew of legislation reveals that the distances from schools are open to interpretation as well as remaining silent on the number of liquor outlets that may SURROUND a school/church/education instance.

BUT – if the distance is less than the amount stipulated by the Provincial MEC (100 metres in Eastern Cape), a school must be served with a form to grant it the right to allow it or refuse the applicant’s request.

Off-Consumption is defined as: Patrons buy liquor to take away e.g. bottle store, or any establishment that does not provide for the seating of patrons and consumption of liquor within the premises.

In order to qualify for a liquor license the applicant must complete the following:

  • Proof of payment of the prescribed lodgement fee.
  • Application registration form: FORM 1 in respect of an application of a new certificate of registration; or FORM 7 in respect of an application of transfer of an existing certificate of registration; or FORM 11 in respect of an application for the removal of an existing certificate of registration; or FORM 25 in respect of an application for the procurement of a controlling interest in the business to which the certificate of registration relates.
  • Proof of service to ward committee (Form 2 or 8 or 12). This should be followed by a report on community consultation report from the ward committee within 30 days of lodgement of the application (Form2A) and an attendance register attached.
  • Where there is a school or church / place of worship nearby Form 2 or 12 must be served and a report from such institution concerned must be submitted within 30 days after lodgement.
  • Structural floor plan of premises to be used for liquor trading clearly showing dimensions of each room, all doors windows and counter /s and means of external and internal communication, as well as the street/s and places where these means of external communication lead, description of premises and photo’s thereof.
  • Comprehensive written representation (reason for applying for a license).
  • Proof of right to occupy in the from of a title deed , deed of transfer, lease agreement, permission to occupy, letter from a local municipality and / or traditional leader confirming such right. Such proof of right to occupy must further confirm the use of the premises for liquor trading.
  • Certified copy of identity document where the applicant is a natural person or members / directors where the applicant is a juristic person.
  • Proof of tax registration of the business as a South African taxpayer.
  • Foreign nationals to submit work and business permits issued by the Department of Home Affairs.
  • In the case of an application by a partnership, a partnership agreement must be submitted with the application.
  • In the case of an applicant by a company a registration certificate must be submitted with the application.
  • In the case of an applicant by a trust, the application must be accompanied by a trust deed and resolution of the trustees to operate a liquor business.
  • No liquor trading application will be considered for operation in illegal informal settlements, RDP / housing subsidy scheme houses with-out clear written authority from the Municipal Manager of local municipality.
  • Proof of approval by the relevant local municipality that the earmarked premises comply with the municipal business regulations.
  • Proof of notification to local South African Police Services to participate in the community consultation process.
  • In the case where the application is for a Micromanufacturer, the following requirements apply; A Customs and Excise certificate obtained from South African Revenue Services confirming registration for Customs and Excise Duty; Certified copy of identity document of applicant or members / directors of a company.
  • Submission of the following to the Department of Agriculture in order to obtain an approval letter from Department of Agriculture (in line with the Liquor Products Act 60 of 1989) stating the following: List of ingredients with quantities. Description of how the product was manufactured; Threshold volume for micro-manufacturing; For the beer manufacturer (100 million litres per year). For the traditional African beer manufacturer (50 million litres per year). For the wine manufacturer (4 million litres per year). For the spirits and/or any other liquor manufacturer (2 million litres per year).
Nina's Liquors
Nina’s Liquors – proposed off site consumption liquor store in Kensington.

Ward 7 Independent Councillor

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Alan Straton

Chief Cook, Bottle Washer and Broom Mechanic at MyPE
Passionate about Port Elizabeth and definitely NOT packing for Perth. Alan's ethos is epitomised in the words of Nelson Mandela; "I have fought against white domination and I have fought against black domination. I have cherished the idea of a democratic and free society. If need be, it is an ideal for which I am prepared to die." See more articles by Alan.