Notice of Intention to Apply for Grant

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					                     REGULATIONS IN TERMS OF SECTION 54 OF THE
                          NORTHERN CAPE LIQUOR ACT, 2008


                                               INDEX

                                          CHAPTER I
                                         DEFINITIONS

1.     Definitions


                               CHAPTER II
       APPLICATION IN TERMS OF SECTION 20 OF THE ACT FOR A LICENCE

2.     Lodgement of application
3.     Form of application
4.     Notice of intention to apply and grant of application
5.     References by which any determination, consent, approval or authority must be described

                               CHAPTER III
      APPLICATION IN TERMS OF SECTIONS 16(4) AND 18 OF THE ACT FOR AN
                          OCCASIONAL LICENCE

6.     Occasional licenses
7.     Lodgement of application
8.     Form of application
9.     Procedure upon receipt of application
10.    Report by designated police officer
11.    Procedure upon receipt of police report
12.    Applicant’s reply
13.    Procedure upon grant of application

                              CHAPTER IV
       APPLICATION IN TERMS OF SECTION 58 OF THE ACT TO PROCURE A
      CONTROLLING INTEREST IN THE BUSINESS TO WHICH THE LICENCE
                                RELATES

14.    Lodgement of application
15.    Form of application
16.    Procedure upon receipt of application
17.    Filing of police report
18.    Applicant’s reply
19.    Procedure upon grant of application
                                                2


                             CHAPTER V
    APPLICATION IN TERMS OF SECTION 24 OF THE ACT TO EFFECT ANY
 STRUCTURAL ALTERATION, ADDITION OR RECONSTRUCTION OF OR TO THE
      LICENSED PREMISES OR TO EXTEND THE LICENSED PREMISES

20.     Lodgement of application
21.     Form of application
22.     Procedure upon receipt of application
23.     Filing of police report
24.     Applicant’s reply
25.     Procedure upon grant of application

                                CHAPTER VI
      APPLICATION IN TERMS OF SECTION 50 OF THE ACT TO STORE LIQUOR IN
                       ANOTHER OR ADDITIONAL PLACE

26.     Lodgement of application
27.     Form of application
28.     Procedure upon receipt of application
29.     Filing of police report
30.     Applicant’s reply
31.     Procedure upon grant of application

                            CHAPTER VII
APPLICATION IN TERMS OF SECTION 57 OF THE ACT TO SUPPLY LIQUOR FREE
               OF CHARGE FOR THE PURPOSE OF TASTING

32.     Lodgement of application
33.     Form of application
34.     Procedure upon receipt of application
35.     Filing of police report
36.     Applicant’s reply
37.     Procedure upon grant of application

                           CHAPTER VIII
APPLICATION IN TERMS OF SECTION 30 OF THE ACT FOR THE TRANSFER OF A
                   LICENCE TO ANOTHER PERSON

38.     Lodgement of application
39.     Form of application
40.     Procedure upon receipt of application
41.     Filing of police report
42.     Applicant’s reply
43.     Procedure upon grant of application
                                                  3


                            CHAPTER IX
APPLICATION IN TERMS OF SECTION 31 OF THE ACT FOR THE TRANSFER OF A
                   LICENCE TO OTHER PREMISES

44.   Lodgement of application
45.   Form of application
46.   Notice of intention to apply
47.   References by which any determination, consent, approval or authority must be described
48.   Procedure upon receipt of application
49.   Objections, petitions or representations
50.   Filing of police report
51.   Applicant’s reply
52.   Procedure upon grant of application

                            CHAPTER X
 APPOINTMENT IN TERMS OF SECTION 33(1) OR (2) OF THE ACT OF A NATURAL
  PERSON TO MANAGE AND BE RESPONSIBLE FOR THE BUSINESS TO WHICH
                      THE LICENCE RELATES

53.   Form of appointment

                                 CHAPTER XI
                   NOTICES IN TERMS OF SECTION 25 OF THE ACT

54.   Form of notice
55.   Issue of notice
56.   Service of notice

                                      CHAPTER XII
                                  RECORDS AND INVOICES

57.   General
58.   Records to be kept by the holders of club liquor licences

                                       CHAPTER XIII
                                    GENERAL PROVISIONS

59.   Form of application
60.   Responsibility for correctness of notice
61.   Availability of licences on licensed premises
62.   Report by dedicated police officer
                                                     4


                                            CHAPTER XIV
                                               FEES

63.     Copies
64.     Application fees
65.     Fees payable in respect of the issue of a licence
66.     Fees payable in respect of the transfer of a licence
67.     Fees payable annually in respect of a licence
68.     General

                                         CHAPTER XV
                                  CHIEF EXECUTIVE OFFICER

69.     Chief executive officer
70.     Removal of chief executive officer from office
71.     Employment contract and performance agreement of chief executive officer

                                   CHAPTER XVI
                    APPEALS IN TERMS OF SECTION 34(3) OF THE ACT

72.     Form of appeal
73.     Consideration and disposal of appeals


                                             SCHEDULE 1
Fees payable in respect of certain applications
                                             SCHEDULE 2
Fees payable in respect of licences [subject to reduction in terms of regulation 65(2)]
                                             SCHEDULE 3
Appeal fees
                                              ANNEXURE
                                                  FORM 1
Application in terms of section 20 of the Act for a licence
                                                  FORM 2
Notice of intention to apply in terms of section 20 of the Act for a licence
                                                  FORM 3
Liquor licence
                                                  FORM 4
Application in terms of section 18 of the Act for an occasional licence
                                                     5




                                                FORM 5
Occasional licence
                                                FORM 6
Application in terms of section 58 of the Act to procure a controlling interest in the business to which
the licence relates
                                                FORM 7
Application in terms of section 30 of the Act for the transfer of a licence to another person
                                                FORM 8
Certificate in terms of section 30(4) of the Act for the transfer of a licence to another person
                                                FORM 9
Application in terms of section 31 of the Act for the transfer of a licence to other premises
                                                FORM 10
Notice of intention to apply in terms of section 20(1)(d) of the Act for the permanent/temporary
transfer of a licence to other premises
                                                FORM 11
New licence in terms of section 31(3) of the Act for the transfer of a licence to other premises
                                                FORM 12
Appointment in terms of section 33(1) or (2) of the Act of a natural person to manage and be
responsible for the business to which the licence relates
                                                FORM 13
Notice in terms of section 25(1) of the Northern Cape Liquor Act, 2008, to be present at a meeting of
the Liquor Board
                                                FORM 14
Record of guests
                                                FORM 15
Advice of annual fees payable in respect of a liquor licence for the year …….....
                                                FORM 16
Appeal to the responsible Member in terms of section 34 of the Act
                                                   6



                                           CHAPTER I
                                          DEFINITIONS

Definitions

1.    In these Regulations and in the forms contained in the Annexure thereto, unless the context
      otherwise indicates, any word or expression to which a meaning has been assigned in the
      Northern Cape Liquor Act, 2008, retains that meaning and in addition -

      “applicant” means any person making an application in terms of these Regulations;

      “chief executive officer” means the chief executive officer of the Board appointed in terms of
      section 12 of the Act and with the address Private Bag X6108, Kimberley, 8300;

      “financial interest” includes -

      (a)     any such interest acquired in a business and directly or indirectly related to the fortunes,
              including the turnover, of the business;

      (b)     any interest arising from any advance of money by way of a loan to the applicant for a
              licence or to his or her principal or nominator for purposes directly connected with the
              business which is to be conducted under the licence concerned,

      but does not include such interest which is not a controlling interest acquired in or by a public
      company, a co-operative society, or a financial institution registered under a law regarding
      financial institutions;

      “the Act” means the Northern Cape Liquor Act, 2008.

                              CHAPTER II
      APPLICATION IN TERMS OF SECTION 20 OF THE ACT FOR A LICENCE

Lodgement of application

2.    An application for a licence (excluding a temporary liquor licence and occasional licence) must
      be lodged with the Board by registered post.

Form of application

3.    (1)     The applicant must make written application, in quadruplicate, for a licence,
              substantially in the form of Form 1 contained in the Annexure and must -

              (a)     furnish in the said application such information as is solicited in the said Form;
                      and

              (b)     declare under oath or truly affirm at the end of the said Form that the
                      information contained therein, is true.
                                                  7


       (2)    Every such application must, at the time it is lodged with the Board, be accompanied
              by -

              (a)    a plan of the premises, clearly showing -

                     (i)     the dimensions of each room;

                     (ii)    all doors, windows and counters (where applicable) and means of
                             internal and external communication; and

                     (iii)   the streets and places to which such means of external communication
                             lead;

              (b)    a description of the premises with reference to the construction, lay-out,
                     furnishing, fixtures, fittings and floor covering, which description must be
                     contained in a separate document and, if the building is already completed,
                     colour photos clearly depicting the above;

              (c)    comprehensive written representations in support of the application; and

              (d)    such documents as Form 1 may require to be attached to the application.

       (3)    If application is simultaneously made for permission in terms of section 57(1) of the
              Act, the applicant must -

              (a)    if the permission is to be exercised on the premises, include in the plan and
                     description or photos of the premises referred to in subregulation (2)(a) and (b),
                     the relevant information and particulars relating to such place; or

              (b)    if the permission is to be exercised on adjoining or neighbouring premises,
                     comply with the provisions of regulation 41(2)(a), (b) and (c).

Notice of intention to apply and grant of application

4.     (1)    The notices referred to in section 20(1)(d) of the Act must be published and posted by
              the applicant, substantially in the form of Form 2.

       (2)    If an application is granted, a licence, substantially in the form of Form 3 contained in
              the Annexure, must be issued.

References by which any determination, consent, approval or authority must be described

5.     (1)    The following references must be used in the notices referred to in regulation 4 to
              describe any permission simultaneously applied for:

              (a)    Permission in terms of section 4(5)(a) of the Act to conduct other business
                     upon the premises.
                                                   8


              (b)     Permission in terms of section 57(1)(a) or (b) of the Act to supply liquor free of
                      charge, solely for the purpose of tasting.

       (2)    If permission is applied for which is not contained in the references set out in
              subregulation (1), such permission must be fully described and reference must be made
              to the section in terms of which it may be considered.

                               CHAPTER III
      APPLICATION IN TERMS OF SECTIONS 16(4) AND 18 OF THE ACT FOR AN
                          OCCASIONAL LICENCE

Occasional licenses

6.     An occasional licence may not be granted except to the holder of licence referred to in section
       16(1) of the Act.

Lodgement of application

7.     An application for an occasional licence must be lodged with the Board.

Form of application

8.    (1)     The applicant who is the holder of a licence referred to in regulation 6, must make
              written application, in duplicate, for an occasional licence, substantially in the form of
              Form 4 contained in the Annexure and must -

              (a)     furnish in the said application such information as is solicited in the said Form;
                      and

              (b)     declare under oath or truly affirm at the end of the said Form that the
                      information contained therein, is true.

       (2)    Every such application must, at the time it is lodged with the Board, be accompanied by
              comprehensive written representations in support of the application.

Procedure upon receipt of application

9.     The Board must, after receipt of the application, forthwith forward a copy thereof to a
       designated police officer for his or her report in terms of section 38(a) of the Act.

Report by designated police officer

10.    Not later than 14 days after the application was lodged with the Board, the designated police
       officer must report to the Board in terms of section 38(a) of the Act.

Procedure upon receipt of police report

11.    The Board on receiving the report in terms of regulation 10 must, except where the granting of
       the application is not opposed by the designated police officer, forthwith notify the applicant of
       the contents thereof.
                                                   9


Applicant’s reply

12.    Not later than seven days after the applicant has been notified in terms of regulation 11, he or
       she may lodge his or her reply to the police report with the Board.

Procedure upon grant of application

13.    If an application is granted -

       (a)     the applicant must pay the prescribed fee in respect of each occasion, and fill in the
               receipt number and the date of issue thereof on Form 4; and

       (b)     a licence, substantially in the form of Form 5 contained in the Annexure, must be
               issued.

                              CHAPTER IV
       APPLICATION IN TERMS OF SECTION 58 OF THE ACT TO PROCURE A
      CONTROLLING INTEREST IN THE BUSINESS TO WHICH THE LICENCE
                                RELATES

Lodgement of application

14.    An application to procure a controlling interest in the business to which the licence relates,
       must be lodged with the Board.

Form of application

15.    (1)     The applicant who is the holder of a licence, must jointly with the applicant who desires
               consent to procure a controlling interest in the business to which the licence (excluding
               a club liquor licence) relates (hereinafter called the proposed person), make written
               application, in duplicate, for such permission, substantially in the form of Form 6
               contained in the Annexure and must -

               (a)     furnish in the said application such information as is solicited in the said Form;
                       and

               (b)     declare under oath or truly affirm at the end of the said Form that the
                       information contained therein, is true.

       (2)     Every such application must, at the time it is lodged with the Board, be accompanied by
               comprehensive written representations in support of the application.

Procedure upon receipt of application

16.    The Board with whom an application has been lodged, must forthwith forward the copy
       thereof to a designated police officer for his or her report in terms of section 38(a) of the Act.

Filing of police report

17.    Not later than 14 days after the application was lodged with the Board, the designated police
       officer must lodge his or her written report in terms of section 38(a) of the Act with the Board
       and must, after completion thereof, provide a copy to the applicant upon request.
                                                   10


Applicant’s reply

18.   (1)     Not later than seven days after the police report was lodged with the Board in terms of
              regulation 17, the applicant who is the holder of the licence and the applicant who is the
              proposed person may lodge their written reply thereto with the Board and must certify
              thereon or in an annexure that a copy has been forwarded to the designated police
              officer.

       (2)    The reply referred to in subregulation (1) must clearly identify the application
              concerned.

Procedure upon grant of application

19.    If an application is granted, a written permission must be issued.

                             CHAPTER V
    APPLICATION IN TERMS OF SECTION 24 OF THE ACT TO EFFECT ANY
 STRUCTURAL ALTERATION, ADDITION OR RECONSTRUCTION OF OR TO THE
      LICENSED PREMISES OR TO EXTEND THE LICENSED PREMISES

Lodgement of application

20.    An application to effect any structural alteration, addition or reconstruction of or to the
       licensed premises or to extend the licensed premises, must be lodged with the Board.

Form of application

21.   (1)     The applicant who is the holder of a licence (excluding a temporary liquor licence), must
              make written application, in duplicate, for consent to effect any structural alteration,
              addition or reconstruction of or to the licensed premises or to extend such premises.

       (2)    Every such application must, at the time it is lodged with the Board, be accompanied
              by -

              (a)     a plan of the applicable portion of such premises on which any proposed
                      structural alteration, addition, reconstruction or extension is highlighted in red,
                      clearly showing with reference thereto -

                      (i)     the dimensions of each room;

                      (ii)    all doors, windows and counters (where applicable) and means of
                              internal and external communication;

                      (iii)   the streets and places to which such means of external communication
                              lead; and

                      (iv)    how the applicable portion links up with the existing premises;
                                                    11


               (b)     a description of the applicable portion of the licensed premises with reference to
                       the construction, lay-out, furnishing, fixtures, fittings and floor covering, which
                       description must be contained in a separate document; and

               (c)     comprehensive written representations in support of the application.

Procedure upon receipt of application

22.     The Board, on receipt of the application, must forthwith forward a copy thereof to a designated
        police officer for his or her report in terms of section 38(a) of the Act.

Filing of police report

23.     Not later than 14 days after the application was lodged with the Board, the designated police
        officer must lodge his or her written report in terms of section 38(a) of the Act with the Board
        and must, after completion thereof, provide a copy to the applicant upon request.

Applicant’s reply

24.     (1)    Not later than seven days after the police report was lodged with the Board in terms of
               regulation 23, the applicant may lodge his or her written reply thereto with the Board
               and must certify thereon or in an annexure that a copy has been forwarded to the
               designated police officer.

        (2)    The reply referred to in subregulation (1) must clearly identify the application
               concerned.

Procedure upon grant of application

25.     If an application is granted, a written consent must be issued.

                                CHAPTER VI
      APPLICATION IN TERMS OF SECTION 50 OF THE ACT TO STORE LIQUOR IN
                       ANOTHER OR ADDITIONAL PLACE

Lodgement of application

26.     An application to store liquor in another or additional place must be lodged with the Board.

Form of application

27.     (1)    The applicant who is the holder of a licence, must make written application, in
               duplicate, for a determination to store liquor in another or an additional place in the
               municipality in which the licensed premises are situated.
                                                   12


       (2)     Every such application must, at the time it is lodged with the Board, be accompanied
               by -

               (a)    a plan of the applicable portion of such premises on which such place is
                      highlighted in red, clearly showing with reference thereto -

                      (i)     the dimensions;

                      (ii)    all doors, windows and counters (where applicable) and means of
                              internal and external communication; and

                      (iii)   the streets and places to which such means of external communication
                              lead; and

               (b)    a description of the situation of such premises with reference to the erf, street or
                      farm number where and the municipality in which it is situated.

Procedure upon receipt of application

28.    The Board, on receipt of the application, must forthwith forward a copy thereof to a designated
       police officer for his or her report in terms of section 38(a) of the Act.

Filing of police report

29.    Not later than 14 days after the application was lodged with the Board, the designated police
       officer must lodge his or her written report in terms of section 38(a) of the Act with the Board
       and must, after completion thereof, provide a copy to the applicant upon request.

Applicant’s reply

30.    (1)     Not later than seven days after the police report was lodged with the Board in terms of
               regulation 29, the applicant may lodge his or her written reply thereto with the Board
               and must certify thereon or in an annexure that a copy has been forwarded to the
               designated police officer.

       (2)     The reply referred to in subregulation (1) must clearly identify the application
               concerned.

Procedure upon grant of application

31.    If an application is granted, a written determination must be issued.

                            CHAPTER VII
APPLICATION IN TERMS OF SECTION 57 OF THE ACT TO SUPPLY LIQUOR FREE
               OF CHARGE FOR THE PURPOSE OF TASTING

Lodgement of application

32.    An application to supply liquor free of charge for the purpose of tasting must be lodged with
       the Board.
                                                  13


Form of application

33.    (1)     The applicant who is the holder of a liquor store licence or a micro-manufacturers
               licence must make written application, in duplicate, for permission to supply liquor free
               of charge, solely for the purpose of tasting.

       (2)     Every such application must, at the time it is lodged with the Board, be accompanied
               by -

               (a)    a plan of the applicable portion of the premises on which such place is indicated
                      in red, clearly showing with reference thereto -

                      (i)     the dimensions;

                      (ii)    all doors, windows and counters (where applicable) and means of
                              internal and external communication;

                      (iii)   the streets and places to which such means of external communication
                              lead; and

                      (iv)    in the case of a place on the licensed premises, how it links up with the
                              existing premises;

               (b)    a description of the premises with reference to the construction, lay-out,
                      furnishing, fixtures, fittings and floor covering, which description must be
                      contained in a separate document; and

               (c)    comprehensive written representations in support of the application.

Procedure upon receipt of application

34.    The Board, on receipt of the application, must forthwith forward a copy thereof to a designated
       police officer for his or her report in terms of section 38(a) of the Act.

Filing of police report

35.    Not later than 14 days after the application was lodged with the Board, the designated police
       officer must lodge his or her written report in terms of section 38(a) of the Act with the Board
       and must, after completion thereof, provide a copy to the applicant upon request.

Applicant’s reply

36.    (1)     Not later than seven days after the police report was lodged with the Board in terms of
               regulation 35, the applicant may lodge his or her written reply thereto with the Board
               and must certify thereon or in an annexure that a copy has been forwarded to the
               designated police officer.

       (2)     The reply referred to in subregulation (1) must clearly identify the application
               concerned.
                                                   14


Procedure upon grant of application

37.    If an application is granted, a written permission must be issued.

                           CHAPTER VIII
APPLICATION IN TERMS OF SECTION 30 OF THE ACT FOR THE TRANSFER OF A
                   LICENCE TO ANOTHER PERSON

Lodgement of application

38.    An application for the transfer of a licence (excluding a temporary liquor licence and occasional
       licence) must be lodged with the Board.

Form of application

39.    (1)     The applicant who is the holder of a licence (excluding a temporary liquor licence or
               occasional licence), must, jointly with the applicant who is the prospective holder, make
               written application, in duplicate, for the transfer thereof, substantially in the form of
               Form 10 contained in the Annexure and must -

               (a)    furnish in the said application such information as is solicited in the said Form;
                      and

               (b)    declare under oath or truly affirm at the end of the said Form that the
                      information contained therein, is true.

       (2)     Every such application must, at the time it is lodged with the Board, be accompanied by
               comprehensive written representations in support of the application.

Procedure upon receipt of application

40.    The Board, on receipt of the application, must forthwith forward a copy thereof to a designated
       police officer for his or her report in terms of section 38(a) of the Act.

Filing of police report

41.    Not later than 14 days after the application was lodged with the Board, the designated police
       officer must lodge his or her written report in terms of section 38(a) of the Act with the Board
       and must, after completion thereof, provide a copy to the applicant upon request.

Applicant’s reply

42.    (1)     Not later than seven days after the police report was lodged with the Board in terms of
               regulation 41, the applicant who is the holder of the licence and the applicant who is the
               prospective holder may lodge their written reply thereto with the Board and must certify
               thereon or in an annexure that a copy has been forwarded to the designated police
               officer.

       (2)     The reply referred to in subregulation (1) must clearly identify the application
               concerned.
                                                  15


Procedure upon grant of application

43.   If an application is granted, a certificate of transfer substantially in the form of Form 18
      contained in the Annexure must be issued.

                            CHAPTER IX
APPLICATION IN TERMS OF SECTION 31 OF THE ACT FOR THE TRANSFER OF A
                   LICENCE TO OTHER PREMISES

Lodgement of application

44.   An application for the transfer of a licence (excluding an occasional licence) to other premises,
      must be lodged with the Board.

Form of application

45.   (1)    The applicant who is the holder of a licence (excluding an occasional licence), must
             make written application, in duplicate, for the transfer thereof, substantially in the form
             of Form 9 contained in the Annexure and must -

             (a)      furnish in the said application such information as is solicited in the said Form;
                      and

             (b)      declare under oath or truly affirm at the end of the said Form that the
                      information contained therein, is true.

      (2)    Every such application must, at the time it is lodged with the Board, be accompanied
             by -

             (a)      a plan of the premises, clearly showing -

                      (i)     the dimensions of each room;

                      (ii)    all doors, windows and counters (where applicable) and means of
                              internal and external communication; and

                      (iii)   the streets and places to which such means of external communication
                              lead;

             (b)      a description of the premises with reference to the construction, lay-out,
                      furnishing, fixtures, fittings and floor covering, which description must be
                      contained in a separate document; and

             (c)      comprehensive written representations in support of the application and any
                      determination, consent, approval or authority simultaneously applied for.

      (3)    If application is simultaneously made for a determination in terms of section 50(1) of
             the Act, the applicant must -

             (a)      comply with the provisions of regulation 27(2)(a); and
                                                 16


              (b)     by way of an annexure, furnish the information solicited in regulation 27(2)(b).

       (4)    If application is simultaneously made for a determination in terms of section 50(2) of
              the Act, the applicant must furnish such information as the Board may request.

       (5)    If application is simultaneously made for an approval in terms of section 57 of the Act,
              the applicant must -

              (a)     if the approval is to be exercised on the premises, include in the plan and
                      description of the premises referred to in subregulation (2)(a) and (b), the
                      relevant information and particulars relating to such place; or

              (b)     if the approval is to be exercised on adjoining or neighbouring premises, comply
                      with the provisions of regulation 33(2)(a), (b) and (c).

Notice of intention to apply

46.    The notices referred to in section 20(1)(d) of the Act, which provision applies read with the
       changes required by the context, must be published by the applicant, substantially in the form
       of Form 13.

References by which any determination, consent, approval or authority must be described

47.    The following references must be used in the notices referred to in regulation 46 to describe
       any determination, consent or approval simultaneously applied for:

       (a)    Approval in terms of section 4(5) of the Act to conduct other business upon the
              premises.

       (b)    Determination in terms of section 50(1) of the Act to store liquor in a place other than
              on the premises.

       (c)    Determination in terms of section 50(2) of the Act to store liquor in another place in
              the Province.

       (d)    Approval in terms of section 57 of the Act to supply liquor free of charge, solely for the
              purpose of tasting.

Procedure upon receipt of application

48.    (1)    On receipt of the application, the Board must forthwith forward a copy thereof to a
              designated police officer for his or her report in terms of section 38(a) of the Act.

       (2)    Such application and any document lodged in terms of regulation 49(1), 50 or 51(1)
              must be open to inspection at the office of the Board, and the Board must at all
              reasonable times allow any person to inspect it and make a copy thereof.
                                                  17


Objections, petitions or representations

49.    (1)     Not later than 28 days after the application was lodged with the Board, any person may
               lodge -

               (a)    a written objection to or petition against; or

               (b)    written representations or a petition in support of,

               any such application with the Board and must provide conclusive proof that a copy has
               been forwarded to -

               (i)    the person who prepared the application; and

               (ii)   the designated police officer.

       (2)     Such objection, petition or representations must be lodged in duplicate, be fully
               motivated and must -

               (a)    clearly indicate the name, identity number, residential and postal address and
                      telephone number, if any, and where applicable, its registration number and
                      address of its registered office, of the objector, petitioner or person making the
                      representations; and

               (b)    clearly identify the application concerned.

Filing of police report

50.    Not later than 35 days after the application was lodged with the Board, the designated police
       officer must lodge, in quadruplicate, his or her written report in terms of section 38(a) of the
       Act with the Board and the Board must, after completion thereof, provide a copy to the
       applicant upon request.

Applicant’s reply

51.    (1)     Not later than 42 days after the application was lodged with the Board, the applicant
               may lodge, in quadruplicate, his or her written reply to any objection, petition or
               representations in terms of regulation 49(1) or police report in terms of regulation 50,
               with the Board and must certify thereon or in an annexure that a copy has been
               forwarded to the designated police officer.

       (2)     The reply referred to in subregulation (1) must clearly identify the application
               concerned.

Procedure upon grant of application

52.    If an application is granted in respect of premises which are suitable for the purposes of the
       business to be conducted thereon, a certificate of transfer of licence to other premises,
       substantially in the form of Form 15 contained in the Annexure, must be issued.
                                                     18


                            CHAPTER X
 APPOINTMENT IN TERMS OF SECTION 33(1) OR (2) OF THE ACT OF A NATURAL
  PERSON TO MANAGE AND BE RESPONSIBLE FOR THE BUSINESS TO WHICH
                      THE LICENCE RELATES

Form of appointment

53.    (1)    A person other than a natural person who is the holder of a licence, must, in terms of
              section 33(1) of the Act, and a natural person who is the holder of a licence must, in
              terms of section 33(2) of the Act, appoint a natural person to manage and be
              responsible for the business, substantially in the form of Form 12, which must be
              completed in triplicate, contained in the Annexure and must -

              (a)     furnish in the said Form such information as is solicited therein; and

              (b)     declare under oath or truly affirm at the end of the said Form that the
                      information contained therein, is true.

       (2)    The holder of the licence must forthwith forward a copy of such Form by registered
              post to -

              (a)     the Board; and

              (b)     a designated police officer.

                                  CHAPTER XI
                    NOTICES IN TERMS OF SECTION 25 OF THE ACT

Form of notice

54.    A notice referred to in section 25(1) of the Act must be substantially in the form of Form 13
       contained in the Annexure.

Issue of notice

55.    Every such notice must be issued by the chief executive officer who must forward the original
       and one copy thereof to a designated police officer or inspector.

Service of notice

56.    (1)    Every such notice must be served by a police officer or inspector by delivering the
              original thereof to the person named therein or, if he or she cannot be found, by
              delivering it at his or her residence or place of employment or business to a person
              apparently over the age of 18 years and apparently residing or employed there.

       (2)    A return by a police officer or inspector who served the notice on the copy thereof, that
              the service thereof has been effected in terms of subregulation (1), must, after service
              thereof, be forthwith forwarded to the chief executive officer.
                                                  19


       (3)    The notice must be served on the person mentioned therein so that he or she is in
              possession thereof at least 14 days (Saturdays, Sundays and public holidays included)
              before the date upon which the meeting will take place.

                                       CHAPTER XII
                                   RECORDS AND INVOICES

General

57.    (1)    All records or invoices required to be kept by virtue of the Act, must be in writing and
              must, notwithstanding any law to the contrary, be retained for a period of three years
              from the date of the last entry therein.

       (2)    Alterations in the records or invoices referred to in this chapter, must be effected in
              such a manner that the original entry remains clearly legible.

Records to be kept by the holders of club liquor licences

58.    The holder of a club liquor licence must keep the records substantially in the form of Form 14
       contained in the Annexure: Provided that if a loose leaf or card register is used, the pages or
       cards must be numbered and bound consecutively and provided further that if more than five
       guests of the same member visit the club at one and the same time, it must be sufficient to affix
       in the records a list signed on each page by such member, reflecting the required particulars of
       each such guest.

                                       CHAPTER XIII
                                    GENERAL PROVISIONS

Form of application

59.    Any written application, any document accompanying such application and any document
       lodged in terms of the Act or Regulations (excluding plans which must be clear and legible),
       must be in typescript on A4 standard paper.

Responsibility for correctness of notice

60.    The applicant is solely responsible for the correctness of any notice submitted by him or her or
       his or her representative for publication in accordance with the provisions of these Regulations.

Availability of licences on licensed premises

61.    Every licence and any annexure thereto, every declaration, consent, determination, approval or
       authority issued in terms of the Act and any appointment made in terms of section 33 of the
       Act, must be filed on the premises to which the licence relates and must be available for
       inspection at all reasonable times.
                                                    20


Report by dedicated police officer

62.      (1)    A report to the Board in terms of section 38(a) of the Act must deal at least with –

                (a)     the location of the proposed premises in relation to places of religious worship
                        and educational institutions;

                (b)     the crime statistics of the area in which the premises are situated if such
                        statistics are readily obtainable;

                (c)     the criminal record (if any) of the applicant;

                (d)     the number of licenses of the same kind already issued in the near vicinity of the
                        premises in respect of which the application is filed; and

                (e)     the suitability of the premises concerned for the intended use thereof.

         (2)    A report referred to in subregulation (1) may also deal with any other matter relevant to
                the application.

                                            CHAPTER XIV
                                               FEES
Copies

63.      Copies of the minutes referred to in section 13 of the Act may be obtained against payment of
         the fees levied by the Board.

Application fees

64.      (1)    No application referred to in Part A of Schedule 1 may be lodged with the Board, or
                considered by the Board, unless the fees set out in Part B of the said Schedule have
                been paid to the Board.

         (2)    No amount paid in terms of subregulation (1), or any part thereof, may be refunded to
                an applicant.

Fees payable in respect of the issue of a licence

65.      (1)    Within 60 days of the issue of a licence (excluding a temporary liquor licence and
                occasional licence) there must be paid to the Board the fees set out in Part A of
                Schedule 2.

         (2)    Whenever a licence (excluding a temporary liquor licence and occasional licence) is
                issued after 31 January of any year, the fees payable in respect of the issue of such a
                licence must be reduced by one twelfth in respect of each completed calendar month
                which has passed since the preceding 31 December until the date of issue thereof, and if
                such licence is issued after 30 June of any year, the annual fees in respect of such licence
                for the whole of the next succeeding year must be paid together with the fees so
                reduced.
                                                  21


Fees payable in respect of the transfer of a licence

66.    Within 60 days of the issue of a certificate of transfer, there must be paid to the Board the fees
       set out in Part B of Schedule 2.

Fees payable annually in respect of a licence

67.    (1)    There must, subject to regulation 65(2), for the year following the year during which the
              Act comes into operation and for every calendar year thereafter, be paid to the
              Provincial Revenue Fund, in respect of each licence (excluding a temporary liquor
              licence and occasional licence), the annual fees set out in Part C of Schedule 2.

       (2)    The Board must before 31 October of the year during which the Northern Cape Liquor
              Act, 2008, comes into operation and thereafter before 31 October of each succeeding
              year, issue to each holder of a licence (excluding a temporary liquor licence and
              occasional licence) an advice substantially in the form of Form 15 contained in the
              Annexure.

       (3)    The holder of a licence is not absolved from the obligation to pay the annual fees
              referred to in subregulation (1) timeously if the advice was not received by him or her.

General

68.    The Board must not accept any fees to be paid to the Provincial Revenue Fund unless the
       relevant application, licence, certificate or advice is produced.

                                        CHAPTER XV
                                 CHIEF EXECUTIVE OFFICER

Chief executive officer

69.   (1)     The chief executive officer, appointed in terms of section 16(1) of the Act, must be a
              person who has appropriate qualifications, knowledge or experience regarding the
              business and operations of the Board.
      (2)     The chief executive officer is the chief administration and accounting officer of the
              Board, subject to the control of the Board.
      (3)     The responsible Member must, when appointing a chief executive officer, through
              public invitation, request applications for that position, to be submitted to the
              responsible Member within 21 days after such request.
      (4)     The chief executive officer is appointed for such period and on such terms and
              conditions of service, as the responsible Member may determine, but -
              (a)     may not be so appointed for a period exceeding 5 years;

              (b)     upon the expiration of the term of office of the chief executive officer, he or
                      she is eligible for reappointment for one further term of 5 years only;
                                                 22


              (c)    the chief executive officer may not undertake any other remunerative work,
                     without the prior written consent of the responsible Member.

       (5)    The chief executive officer may, on 3 months’ written notice tendered to the
              responsible Member, resign from his or her office.

       (6)    Whenever the office of chief executive officer is vacant or the chief executive officer is
              absent or incapacitated or refuses or fails to act, the powers and functions of the chief
              executive officer may be exercised and performed by any person designated as the
              acting chief executive officer by the responsible Member, but no such person may be
              the acting chief executive officer for a period exceeding 6 months in total.

       (7)    While a person appointed as contemplated in subregulation (6) so acts, he or she may
              exercise the powers and perform the functions of the chief executive officer.

Removal of chief executive officer from office

70.    (1)    The responsible Member may remove the chief executive officer from office –

              (a)    on account of his or her improper conduct;

              (b)    for unfitness to perform the functions of his or her office;

              (c)    on the ground of a permanent infirmity of mind or body which renders him or
                     her incapable of performing the functions of his or her office or performing
                     them properly;

              (d)    on the ground that he or she is or has become subject to a disqualification
                     envisaged in section 9 of the Act.

       (2)    The responsible Member may, in order to determine whether there exists sufficient
              cause for the removal of the chief executive officer from office as contemplated in
              subregulation (1), initiate an inquiry or investigation for that purpose.

       (3)    Whenever any inquiry or investigation is initiated as contemplated in subsection (2), or
              is being undertaken, the responsible Member may, with due regard to the provisions of
              the Labour Relations Act, 1995 (Act No. 66 of 1995), suspend the chief executive
              officer from his or her office pending the outcome of such an inquiry or investigation.

       (4)    For the purposes of subregulation (1)(a), non-compliance by the chief executive officer
              with any provision of this Act or the Public Finance Management Act, 1999 (Act No. 1
              of 1999), amongst other things, constitutes improper conduct.

Employment contract and performance agreement of chief executive officer

71.    (1)    The appointment of the chief executive officer by the responsible Member as
              contemplated in section 12(1) of the Act becomes effective from the date of the
              entering into a written employment contract with the Board, which employment
              contract must be for the duration of his or her term of office as chief executive officer.
                                                23




      (2)    The employment contract contemplated in subregulation (1) must, as a minimum,
             contain the chief executive officer’s personal particulars, term of office, conditions of
             service, powers, functions, responsibilities, duties as well as his or her remuneration,
             allowances and benefits.

      (3)    In addition to the employment contract as contemplated in subregulation (1), the chief
             executive officer must annually, prior to the commencement of the financial year
             concerned, conclude a performance agreement with the responsible Member which
             performance agreement’s term of operation must coincide with the financial year of the
             Board.

      (4)    The performance agreement contemplated in subregulation (3) must, as a minimum,
             contain a reference to the financial year to which such performance agreement pertains,
             the purpose of the chief executive officer’s job, the key result areas, financial and
             management criteria, performance guidelines and targets of such job, as well as the
             standards for measuring the performance of the chief executive officer, by the Board,
             on at least a bi-annual basis.


                                  CHAPTER XVI
                   APPEALS IN TERMS OF SECTION 34(3) OF THE ACT

Form of appeal

72.   (1)    A person who lodges an appeal in terms of section 34(3) of the Act, must lodge the
             appeal in duplicate, substantially in the form of Form 16 contained in the Annexure and
             must –

             (a)     furnish such information as is solicited in the Form; and

             (b)     declare under oath or truly affirm at the end of the Form that the information
                     contained therein, is true.

      (2)    The appeal must, at the time that it is lodged with the responsible Member, be
             accompanied by a receipt that confirms that the fee indicated in Schedule 3 has been
             paid into the Provincial Revenue Fund.

      (3)    If the cost incurred by the responsible Member to dispose of the appeal exceeds the fee
             contemplated in subregulation (2), the person who lodged the appeal must pay the cost
             exceeding the fee before the responsible Member communicates the finding concerning
             the appeal in accordance with regulation 73(2).

Consideration and disposal of appeals

73.   (1)    The person appointed in terms of section 34(4) of the Act to consider and dispose of
             the appeal must within 60 days after being so appointed, furnish the responsible
             Member with his or her finding.

      (2)    Subject to regulation 72(3), the responsible Member must forthwith communicate the
             finding by registered post to the person who lodged the appeal in terms of section 34(3)
             of the Act.
                                                            24
                      SCHEDULE 1

                         FEES PAYABLE IN RESPECT OF CERTAIN APPLICATIONS
                                            [Reg. 64(1)]

                                       Part A                                              Part B
                                Nature of application                                   Fees payable

Application in terms of section 20 for a licence (excluding an occasional licence)      R1 000,00
Application in terms of section 58 to procure a controlling interest in the             R1 000,00
business to which the licence relates
Application in terms of section 30 for the transfer of a licence to another             R1 000,00
person
Application in terms of section 31 for the transfer of a licence to other               R1 000,00
premises


                                                      SCHEDULE 2

FEES PAYABLE IN RESPECT OF LICENCES [SUBJECT TO REDUCTION IN TERMS OF REGULATION
                                      65(2)]

                                                       [Reg. 65(1)]
                                                        [Reg. 66]
                                                       [Reg. 67(1)]

                 Licence                           Part A                Part B           Part C
                                              Fees payable in      Fees payable in   Annual licence fees
                                             respect of a new       respect of the
                                                  licence            transfer of a
                                                                        licence

Section 16(1)
Hotel liquor licence                           R2 000,00              R1 000,00         R4 500,00
Restaurant liquor licence                      R2 000,00              R1 000,00         R4 500,00
Wine-house licence                             R2 000,00              R1 500,00         R4 500,00
Theatre liquor licence                         R1 000,00              R700,00           R2 000,00
Club liquor licence                            R1 000,00              R1 000,00         R3 500,00
Drinking house selling sorghum                 R300,00                R200,00           R400,00
beer licence
Tavern licence                                 R2 500,00              R1 000,00         R5 000,00
Guest House licence                            R2 000,00              R1 000,00         R2 000,00
Night Club licence                             R3 000,00              R1 500,00         R6 000,00
Gambling house licence                         R3 000,00              R1 500,00         R3 000,00
Section 16(2)
Liquor store licence                           R2 000,00              R1 000,00         R3 500,00
Grocer's wine licence                          R1 000,00              R500,00           R2 500,00
A business selling sorghum beer                R500,00                R300,00           R500,00
licence
Section 16(3)
Micro-manufacturing licence                    R3 000,00              R2 000,00         R4 000,00
Section 16(4)
Occasional licence                          R200 per day


                                                      SCHEDULE 3

                                                     APPEAL FEES
                                                      [Reg. 69(2)]

                                     Applicaton                                         Fees payable

Section 34(3)
Appeal application                                                                      R1 000,00
                                                                                       25

                                                                          ANNEXURE
                                                   FORM 1
                         APPLICATION IN TERMS OF SECTION 20 OF THE ACT FOR A LICENCE
                                                  [Reg. 3(1)]


                                                        Date-stamp of Board

                                                                                                                   For official use

                                                                                               Amount R ……………................................

                                                                                               Receipt no. ……………..............................

                                                                                               Date …………….........................................

                                                NORTHERN CAPE LIQUOR ACT, 2008

                                                                         INDEX

                                     Description of document                                                            Annexures to Form 1

(i) Application                                                                                                                     Form 1

(ii) Plan of the premises [section 20(1)(b)]                                                                                            A

(iii) Description or photos of the premises [section 20(1)(c)]                                                                          B

(iv) Comprehensive written representations [section 20(1)(a)]                                                                           C

(v) Proof of notices required by section 20(1)(d)                                                                                       D

(vi) Proof of payment of prescribed fee [section 20(1)(f)]                                                                              E

(vii)Report from municipality [section 20(1)(g)]                                                                                        F

Application prepared by……….........................................................................................................................

Postal address……….......................................................................................................................................

Telephone no. ……..........................................................................................................................................



1    (a)       Full name of applicant………..........................................................................................................

     (b)       Age……..........................................................................................................................................

     (c)       Identity number or in the case of a company or close corporation, its registration number

               ………………………………………………………………………………………………………….……

     (d)       Residential address or address of registered office……………......................................................

     (e)       Business address and location of the premises to which the application relates

               ………………………………………………………………………………………………......................

     (f)       Postal address……….....................................................................................................................

     (g)       Business telephone number………….............................................................................................

               [Delete (b) if applicant is not a natural person]

2    (a)       Is applicant -

               (i)     a minor ?                                                                                         Yes                        No

               (ii)    a person who was, within 10 years preceding the date of
                       submitting the application for a licence, convicted for murder,
                       rape, robbery, fraud, trade or possession of drugs, child
                                                                                    26
                  abuse, an offence involving dishonesty or contravention of
                  this Act or the National Liquor Act?

                                                                                                                       Yes                         No



          (iii)   an unrehabilitated insolvent?                                                                        Yes                         No



          (iv)    the spouse of a person contemplated in subparagraphs (ii) or
                  (iii)?

                  (Mark the applicable square)

                                                                                                                       Yes                         No



    (b)   If the applicant is a company, close corporation, partnership or trust, state whether a person
          contemplated in subparagraph (a) -

          (i)     has a controlling interest in such a company, close
                  corporation or trust

                                                                                                                       Yes                         No



          (ii)    is a partner in such a partnership                                                                   Yes                         No



          (iii)   is the main beneficiary under such a trust

                  (Mark the applicable square)

                                                                                                                       Yes                         No



    (c)   If any of the questions in subparagraphs (a) or (b) have been replied to in the affirmative,
          provide full details ]…………...........................................................................................................

          (Use an annexure if necessary)

3   (a)   State the name, identity number and address of each person, including the applicant, who will
          have any financial interest in the business and in each case the nature and extent of such
          interest. [If the applicant is a public company, statutory institution or a co-operative as
          contemplated in the Co-operatives Act, 1981 (Act 91 of 1981), it shall be sufficient if only the
          name and postal address of such company, statutory institution or co-operative, as the case
          may be, the name of each director (if any) thereof and the nature and extent of the financial
          interest of such company, statutory institution or co-operative are furnished and not also the
          interests of individual members of such company, statutory institution or co-
          operative]…………..........................................................................................................................

          …….................................................................................................................................................
          (Use an annexure if necessary)

    (b)   State the financial interest in the liquor trade in the Province of the applicant and if the applicant
          is a private company, close corporation, partnership or trust, also of every shareholder, member
          or partner thereof or beneficiary thereunder. (If the applicant or the said shareholder, member,
          partner or beneficiary has no such interest, this fact must be specifically
          mentioned.)……………………….....................................................................................................

          …….................................................................................................................................................
          (Use an annexure if necessary)


4   (a)   State kind of licence applied for…………........................................................................................
                                                                                      27
    (b)     State what applicant intends selling thereunder……………………….............................................

5   If application is made for a micro-manufacturer’s licence for the production
    of wine only -

    (a)     Is applicant -

            (i)     a person who engages in viticulture?                                                                 Yes                         No



            (ii)    an association of person, the majority of the members of
                    which engages in viticulture?

                                                                                                                         Yes                         No



            (iii)   a co-operative society, which manufactures wine from grapes
                    produced by members of the co-operative society and of
                    which no other such co-operative society is a member?

                                                                                                                         Yes                         No



    (b)     describe the situation of the premises where the liquor concerned is manufactured with
            reference to the erf, street or farm number...…………....................................................................

            …….................................................................................................................................................
            (Delete paragraph 5 if not applicable)
            (Mark the applicable square)

6   If application is made for a micro-manufacturer’s licence -

    (a)     is applicant a person who -

            (i)     engages in viticulture?                                                                              Yes                         No



            (ii)    manufactures any other fermented beverage?                                                           Yes                         No



    (b)     describe the situation of the premises where the liquor concerned is manufactured with
            reference to the erf, street or farm number...…………....................................................................

            …….................................................................................................................................................
            (Delete paragraph 6 if not applicable)
            (Mark the applicable square)

7   In the case of a sorghum beer licence, state whether it is intended to sell liquor for consumption on or
    off the licensed premises

    …………………………..…………………………………..............................................................................

8   Under what name is the business to be conducted?…………...................................................................

9   (a)     Describe the situation of the premises where the business is to be conducted with reference to
            the erf, street or farm number

            …………………………………………………………….....................................................................

    (b)     In which municipality is the premises referred to in subparagraph (a), situated?

            ……………………………………………………………………………………………………...............



10 Will applicant have the right to occupy the premises referred to in
   paragraph 9, including such place on other premises upon which any
   approval is to be exercised, for the purposes of the licence applied for?
                                                                                           28
        (Mark the applicable square)

                                                                                                                            Yes                         No



11 In the case of an application for an on-consumption licence, state in which portion of the premises the
   sale of liquor is to take place

        ………………………………...………...........................................................................................................

12 (a)            Is application made in respect of premises which -

                  (i)     have not yet been erected?                                                              Yes                        No        ;or



                  (ii)    are already erected, but require additions or alterations
                          to make them suitable for the purposes of the
                          proposed business?

                                                                                                                  Yes                        No        ;or



                  (iii)   are already erected and, in the applicant's opinion, do
                          not require additions or alterations in order to make
                          them suitable for such purposes?

                                                                                                                  Yes                        No



        (b)       If paragraph 12(a)(i) or (ii) applies, state -

                  (i)     the date on which such erection, additions or alterations will be commenced with; and



                  (ii)    the period which will be required for the erection, additions or
                          alterations

                                                                                                                            Yes                         No



13 In the case of a club liquor licence, attach a copy of the rules of the club, certified by the president,
   chairman or secretary thereof

        Annexure….................................................................................................................................................


I declare/truly affirm that the information furnished in this application and in the documents attached to it, is
true.

Date..................................................................            ............................................................................
                                                                                  Signature of applicant or person authorized to sign
                                                                                  application

I certify that this declaration has been signed and sworn to/affirmed before me at……………..................this
...................................... day of..........................................................by the applicant/person authorized to
sign application who acknowledged that –

(i)               he/she knows and understands the contents of this declaration;

(ii)              he/she has no objection to taking the prescribed oath/affirmation; and

(iii)             he/she considers the prescribed oath to be binding on his/her conscience,

and that he/she uttered the following words:

'I swear that the contents of this declaration are true, so help me God'./'I truly affirm that the contents of
this declaration are true'.
                                                                                       29

    ............................................................................
                       Commissioner of Oaths


Full name……..................................................................................................................................................

Business address………..................................................................................................................................

Designation……...............................................................................................................................................

Area for which appointment is held……….......................................................................................................

Office held if appointment is ex officio………...................................................................................................




                                           FORM 2
        NOTICE OF INTENTION TO APPLY IN TERMS OF SECTION 20 OF THE ACT FOR A LICENCE
                                          [Reg. 4(1)]
                                                                                         30

                                                  NORTHERN CAPE LIQUOR ACT, 2008

Notice is hereby given that it is the intention to lodge the abovementioned application, particulars of which
appear hereunder, with the Northern Cape Liquor Board.

            1                             2                                 3                              4                             5
        Municipality              Full name, street                  Kind of licence             Kind of liquor to be            Name under which
                                 and postal address                    applied for                      sold                      business is to be
                                    of applicant                                                                                 conducted and full
                                                                                                                                address of premises

        ................              .....................           .....................             ...............           ............................

         ...............              .....................           .....................             ...............           ............................

         ...............              .....................           .....................             ...............           ............................

Place...................................................................        ...............................................................................
                                                                                Signature of applicant or person authorized to sign
                                                                                application
Date.....................................................................


Footnote:

Complete columns as follows:


(i)             Column 1.-State the municipality in which the premises are situated.

(ii)            Column 2.-State surname of applicant followed by his or her full first names, residential,
                business and postal address. If the applicant is not a natural person, state the full name of such
                person, followed by the address of its registered office.

(iii)           Column 3.-State the kind of licence applied for with due regard to section 16, and in the case of
                a temporary or sorghum beer licence, state whether it is intended to sell liquor for consumption
                on or off the premises.

(iv)            Column 4.-State kind of liquor to be sold.

(v)             Column 5.-State the name under which business is to be conducted and describe the situation
                of the premises where the business is to be conducted with reference to the erf, street or farm
                number, including such place on other premises upon which any approval is to be exercised.




                                                                                 FORM 3
                                                                            LIQUOR LICENCE
                                                                              [Section 29(1)]
                                                                                [Reg. 4(2)]
                                                                                              31

                                                         Reference no. ………………………….....................................................

                                                    NORTHERN CAPE LIQUOR ACT, 2008

                  ……………………………………………........................................................LICENCE

...................................................................is hereby licensed to sell………....................................................

(state kind of liquor) and to conduct under the name of…………....................................................................

upon premises, the plan of which has been approved, situated at……………................................................

.........................................................................in the municipality of................................................................
such business as is, in accordance with the conditions set in terms of the Act or any other law, authorized
to be conducted under the abovementioned licence.

The determinations, consent, approvals and authorities which have been granted are set out in
Annexure(s).......hereto.

This licence shall be subject to the conditions determined by the responsible Member in terms of section
56(2)(a) and published in Provincial Notice........................................................of...................................../set
out in Annexure.....................................hereto.

Liquor not required for immediate sale, shall be stored on the licensed premises.

This licence shall be of no force and effect unless the prescribed fees have been paid to the the Board.
Payment of the prescribed fees is to be made within sixty days after the undermentioned date of issue.

                Date of issue                                          Prescribed fees                                      Payable on or before

   ..................................................       .................................................       ..................................................

Place of issue: Kimberley

                                                         .......................................................................................................
                                                         Chief executive officer of the Northern Cape Liquor Board




                                                        FOR OFFICIAL USE BY THE BOARD

Amount received:………………….. Receipt No: …………………………                                                                               Office date stamp




                                             FORM 4
            APPLICATION IN TERMS OF SECTION 18 OF THE ACT FOR AN OCCASIONAL LICENCE
                                             [Reg. 6]
                                                                                       32

                                                        Date-stamp of Board

                                                                                                                   For official use

                                                                                               Amount R ……………................................

                                                                                               Receipt no. ……………..............................

                                                                                               Date …………….........................................

                                                NORTHERN CAPE LIQUOR ACT, 2008

                                                                         INDEX

                                     Description of document                                                                     Annexure

(i) Application                                                                                                                     Form 7

(ii) Comprehensive written representations [Reg. 8(2)]                                                                                  A

Application prepared by……….........................................................................................................................

Postal address……….......................................................................................................................................

Telephone no. ……..........................................................................................................................................



1    (a)       Full name of applicant………..........................................................................................................

     (b)       Age……..........................................................................................................................................

     (c)       Identity number or in the case of a company or close corporation, its registration number

               ………………………………………………………………………………………………………….……

     (d)       Residential address or address of registered office……………......................................................

     (e)       Business address and location of the premises to which the application relates

               ………………………………………………………………………………………………......................

     (f)       Postal address……….....................................................................................................................

     (g)       Business telephone number………….............................................................................................

               [Delete (b) if applicant is not a natural person]

2    (a)       Is applicant the holder of a hotel liquor licence, restaurant liquor
               licence, club liquor licence or sorghum beer licence for on-
               consumption?

               (Mark the applicable square)

                                                                                                                         Yes                        No




     (b)       If subparagraph (a) has been replied to in the affirmative, state -

               (i)     the kind of licence………........................................................................................................

               (ii)    the kind of liquor which may be sold thereunder……………..................................................

               (iii)   under what name the licensed business is conducted…………….........................................

               (iv)    the situation of the premises where the licensed business is conducted with reference to
                                                                                              33
                            the erf, street or farm number……………..…….....................................................................

                   …….................................................................................................................................................

3       State the dates upon and hours during which such sale will take place

        ……...............................................................................................................................................………...

4       Has an occasional licence been granted in respect of the premises within
        the past seven days?

        (Mark the applicable square)

                                                                                                                                Yes                         No




I declare/truly affirm that the information furnished in this application is true.

Date..................................................................                ............................................................................
                                                                                      Signature of applicant or person authorized to sign
                                                                                      application

I certify that this declaration has been signed and sworn to/affirmed before me at……………..................this
...................................... day of..........................................................by the applicant/person authorized to
sign application who acknowledged that –

(i)                he/she knows and understands the contents of this declaration;

(ii)               he/she has no objection to taking the prescribed oath/affirmation; and

(iii)              he/she considers the prescribed oath to be binding on his/her conscience,

and that he/she uttered the following words:

'I swear that the contents of this declaration are true, so help me God'./'I truly affirm that the contents of
this declaration are true'.

       ............................................................................
                          Commissioner of Oaths

Full name……..................................................................................................................................................

Business address………..................................................................................................................................

Designation……...............................................................................................................................................

Area for which appointment is held……….......................................................................................................

Office held if appointment is ex officio………...................................................................................................




                                                                                  FORM 5
                                                                            OCCASIONAL LICENCE
                                                                                [Reg. 13(b)]


                                                                Date-stamp of Board
                                                                                        34

                                                                                                                     For official use

                                                                                                Amount R ……………................................

                                                                                                Receipt no. ……………..............................

                                                                                                Date …………….........................................


                                                                               Office of the Northern Cape Liquor Board

                                                                               ..................................................................

                                                                               ..................................................................

…………………………………………………………………………………… being the holder of a …………….

............................................................ licence under which business is conducted under the name of
……………………………………...............................……….. upon premises situated at …..………………….

.........................................................................in the municipality of................................................................
is hereby licensed to sell ……………………………………………………… and to conduct upon the said
premises between the hour of ………………………. on the ………………. day of ………………………. and
the hour of ………………………. on the ………………. day of ……………………….……………………….
such business as is, in accordance with the conditions of the Act or any other law, authorized to be
conducted under the above-mentioned licence.

This licence shall be subject to the conditions determined by the responsible Member in terms of section
59(2)(a) and published in Provincial Notice........................................................of...................................../set
out in Annexure.....................................hereto.

The amount of R ………………….., being the prescribed fees in respect of this licence, has been received
from the applicant and receipt no. ……………………. of ………………………………………….. was issued
in respect of such fees.

Place........................................................................... ......................................................................
                                                                                 Chief executive officer of the Northern Cape Liquor
Date of issue.............................................................. Board




                                        FORM 6
APPLICATION IN TERMS OF SECTION 58 OF THE ACT TO PROCURE A CONTROLLING INTEREST IN
                    THE BUSINESS TO WHICH THE LICENCE RELATES
                                       [Reg. 14]


                                                         Date-stamp of Board
                                                                                            35

                                                                                                                        For official use

                                                                                                   Amount R ……………................................

                                                                                                   Receipt no. ……………..............................

                                                                                                   Date …………….........................................

                                                   NORTHERN CAPE LIQUOR ACT, 2008


                                                       Liquor Board’s Reference no. ….…….....................................................

                                                                             INDEX

                                       Description of document                                                                          Annexure

(i) Application                                                                                                                           Form 6

(ii) Comprehensive written representations [Reg. 15(2)]                                                                                        A

Application prepared by……….........................................................................................................................

Postal address……….......................................................................................................................................

Telephone no. ……..........................................................................................................................................


                                            PART A
            INFORMATION RELATING TO THE APPLICANT WHO IS THE HOLDER OF THE LICENCE

1    Full name of applicant………......................................................................................................................

2    If applicant is not a natural person, state the name, identity number and address of each shareholder,
     member, partner or beneficiary…………………………..............................................................................
     …................................................................................................................................................................

3    Under what name is the licensed business conducted?……………...........................................................

4    (a)     Describe the situation of the premises where the licensed business is conducted with reference to
             the erf, street or farm number……………………………….................................................................

     (b)     In which municipality is the premises referred to in subparagraph (a), situated?……………............

             …………………………………………………………………………………………………………………




I declare/truly affirm that the information furnished in Part A and B of this application in so far as it relates
to me/the applicant on whose behalf I am authorized to sign the application, is true.

Date..................................................................             ............................................................................
                                                                                   Signature of applicant who is the holder of the
                                                                                   licence or person authorized to sign application


I certify that this declaration has been signed and sworn to/affirmed before me at……………..................this
                                                                                           36
...................................... day of..........................................................by the applicant/person authorized to
sign application who acknowledged that –

(i)                he/she knows and understands the contents of this declaration;

(ii)               he/she has no objection to taking the prescribed oath/affirmation; and

(iii)              he/she considers the prescribed oath to be binding on his/her conscience,

and that he/she uttered the following words:

'I swear that the contents of this declaration are true, so help me God'./'I truly affirm that the contents of
this declaration are true'.

       ............................................................................
                          Commissioner of Oaths

Full name……..................................................................................................................................................

Business address………..................................................................................................................................

Designation……...............................................................................................................................................

Area for which appointment is held……….......................................................................................................

Office held if appointment is ex officio………...................................................................................................

                                                 PART B
                    INFORMATION RELATING TO THE APPLICANT WHO IS THE PROPOSED PERSON

1       (a)        Full name of applicant………..........................................................................................................

        (b)        Age……..........................................................................................................................................

        (c)        Identity number or in the case of a company or close corporation, its registration number

                   ………………………………………………………………………………………………………….……

        (d)        Residential address or address of registered office……………......................................................

        (e)        Business address and location of the premises to which the application relates

                   ………………………………………………………………………………………………......................

        (f)        Postal address……….....................................................................................................................

        (g)        Business telephone number………….............................................................................................

                   [Delete (b) if applicant is not a natural person]

2       If applicant is not a natural person, state the name, identity number and address of each shareholder,
        member, partner or beneficiary…………………………………………………………………………………...

        ……………………………………………………………………………………………………………………….




3       (a)        Is applicant a person who -

                   (i)      has in the Republic or elsewhere in the preceding 10 years
                            been sentenced for any offence to imprisonment without the
                            option of a fine?

                                                                                                                             Yes                        No



                   (ii)     has in the preceding 10 years been convicted of an offence in
                            terms of this Act or the National Liquor Act, irrespective of the
                                                               37
                  sentence imposed, and was within 5 years after the conviction
                  again convicted of an offence in terms of any of the above-
                  mentioned two Acts and was then sentenced therefor to a fine
                  of not less than R200 or to imprisonment without the option of
                  a fine?

                                                                                       Yes               No



          (iii)   is not domiciled in the Province?                                    Yes               No



          (iv)    an unrehabilitated insolvent?                                        Yes               No



          (v)     is a minor?                                                          Yes               No



          (vi)    the spouse of a person contemplated in subparagraphs (i), (ii)
                  or (iv)?

                  (Mark the applicable square)

                                                                                       Yes               No



    (b)   If the applicant is a company, close corporation, partnership or trust, state whether a person
          contemplated in subparagraph (a) -

          (i)     has a controlling interest in such a company, close
                  corporation or trust

                                                                                       Yes               No



          (ii)    is a partner in such a partnership                                   Yes               No



          (iii)   is the main beneficiary under such a trust

                  (Mark the applicable square)

                                                                                       Yes               No



    (c)   If any of the questions in subparagraphs (a) or (b) have been replied to in the affirmative,
          provide full details

          (Use an annexure if necessary)



4   (a)   State the name, identity number and address of each person –

          (i)     who, including the holder of the licence, has any financial interest in the business to which
                  the licence relates; and

          (ii)    who, including the applicant, will have such interest if the application is granted,

          and in each case, the nature and extent of such interest. [In the case of a public company,
          statutory institution or a co-operative as contemplated in the Co-operatives Act, 1981 (Act 91 of
          1981), it shall be sufficient if only the name and postal address of such company, statutory
          institution or co-operative, as the case may be, the name of each director (if any) thereof and
          the nature and extent of the financial interest of such company, statutory institution or co-
          operative are furnished and not also the interests of individual members of such company,
                                                                                          38
                statutory institution or co-operative.] ……………………………………………………………………
                (Use an annexure if necessary)

     (b)        State the financial interest in the liquor trade in the Province of the applicant and if the applicant
                is a private company, close corporation, partnership or trust, also of every shareholder, member
                or partner thereof or beneficiary thereunder. (If the applicant or the said shareholder, member,
                partner or beneficiary has no such interest, this fact must be specifically
                mentioned.)……………………….....................................................................................................

                …….................................................................................................................................................
                (Use an annexure if necessary)

     (c)        If the application relates to a liquor store licence, sorghum beer brewer's licence, sorghum beer
                licence for off-consumption or a special licence for off-consumption, is the applicant -

                (i)     a producer or his or her agent?                                                                      Yes                         No



                (ii)    a manufacturer of beer or his or her agent?                                                          Yes                         No



                (iii)   a person who has a financial interest in the business of a
                        producer or a manufacturer of beer, or the agent of such a
                        person?

                                                                                                                             Yes                         No



                (iv)    a company in which shareholders having a financial interest in
                        the business of a producer or a manufacturer of beer,
                        together hold a controlling interest, or the agent of such a
                        company?

                                                                                                                             Yes                         No



                (v)     a company in which a company contemplated in
                        subparagraph (c)(iv) holds a controlling interest, or the agent
                        of such a company?

                        (Delete subparagraph (c) if not applicable)

                        (Mark the applicable square)

                                                                                                                             Yes                         No




I declare/truly affirm that the information furnished in Part B of this application in so far as it relates to
me/the applicant on whose behalf I am authorized to sign the application and in the documents attached to
it, is true.

Date..................................................................           ............................................................................
                                                                                 Signature of applicant who is the proposed person or
                                                                                 person authorized to sign application

I certify that this declaration has been signed and sworn to/affirmed before me at……………..................this
...................................... day of..........................................................by the applicant who is the proposed
person/person authorized to sign application who acknowledged that –
                                                                                       39
(i)                he/she knows and understands the contents of this declaration;

(ii)               he/she has no objection to taking the prescribed oath/affirmation; and

(iii)              he/she considers the prescribed oath to be binding on his/her conscience,



and that he/she uttered the following words:

'I swear that the contents of this declaration are true, so help me God'./'I truly affirm that the contents of
this declaration are true'.

       ............................................................................
                          Commissioner of Oaths

Full name……..................................................................................................................................................

Business address………..................................................................................................................................

Designation……...............................................................................................................................................

Area for which appointment is held……….......................................................................................................

Office held if appointment is ex officio………...................................................................................................




                                             FORM 7
        APPLICATION IN TERMS OF SECTION 30 OF THE ACT FOR THE TRANSFER OF A LICENCE TO
                                       ANOTHER PERSON
                                            [Reg. 38]


                                                                Date-stamp of Board

                                                                                                                  For official use

                                                                                              Amount R ……………................................
                                                                                               40
                                                                                                      Receipt no. ……………..............................

                                                                                                      Date …………….........................................

                                                      NORTHERN CAPE LIQUOR ACT, 2008


                                                          Liquor Board’s Reference no. ….…….....................................................

                                                                                INDEX

                                          Description of document                                                                          Annexure

(i) Application                                                                                                                             Form 10

(ii) Comprehensive written representations [Reg. 39(2)]                                                                                           A

Application prepared by……….........................................................................................................................

Postal address……….......................................................................................................................................

Telephone no. ……..........................................................................................................................................


                                               PART A
               INFORMATION RELATING TO THE APPLICANT WHO IS THE HOLDER OF THE LICENCE

1       Full name of applicant………......................................................................................................................

2       If applicant is not a natural person, state the name, identity number and address of each shareholder,
        member, partner or beneficiary…………………………..............................................................................
        …................................................................................................................................................................

3       Under what name is the licensed business conducted?……………...........................................................

4       (a)     Describe the situation of the premises where the licensed business is conducted with reference to
                the erf, street or farm number……………………………….................................................................

        (b)     In which municipality is the premises referred to in subparagraph (a), situated?……………............

                …………………………………………………………………………………………………………………


I declare/truly affirm that the information furnished in Part A and B of this application in so far as it relates
to me/the applicant on whose behalf I am authorized to sign the application, is true.

Date..................................................................                ............................................................................
                                                                                      Signature of applicant who is the holder of the
                                                                                      licence or person authorized to sign application




I certify that this declaration has been signed and sworn to/affirmed before me at……………..................this
...................................... day of..........................................................by the applicant who is the holder of
the licence/person authorized to sign application who acknowledged that –

(i)                he/she knows and understands the contents of this declaration;

(ii)               he/she has no objection to taking the prescribed oath/affirmation; and

(iii)              he/she considers the prescribed oath to be binding on his/her conscience,

and that he/she uttered the following words:

'I swear that the contents of this declaration are true, so help me God'./'I truly affirm that the contents of
this declaration are true'.
                                                                                        41

    ............................................................................
                       Commissioner of Oaths

Full name……..................................................................................................................................................

Business address………..................................................................................................................................

Designation……...............................................................................................................................................

Area for which appointment is held……….......................................................................................................

Office held if appointment is ex officio………...................................................................................................

                                             PART B
              INFORMATION RELATING TO THE APPLICANT WHO IS THE PROSPECTIVE HOLDER

1    (a)        Full name of applicant………..........................................................................................................

     (b)        Age……..........................................................................................................................................

     (c)        Identity number or in the case of a company or close corporation, its registration number

                ………………………………………………………………………………………………………….……

     (d)        Residential address or address of registered office……………......................................................

     (e)        Business address and location of the premises to which the application relates

                ………………………………………………………………………………………………......................

     (f)        Postal address……….....................................................................................................................

     (g)        Business telephone number………….............................................................................................

                [Delete (b) if applicant is not a natural person]

2    If applicant is not a natural person, state the name, identity number and address of each shareholder,
     member, partner or beneficiary…………………………………………………………………………………...

     ……………………………………………………………………………………………………………………….

3    (a)        Is applicant a person who -

                (i)      has in the Republic or elsewhere in the preceding 10 years
                         been sentenced for any offence to imprisonment without the
                         option of a fine?

                                                                                                                          Yes                         No




                (ii)     has in the preceding 10 years been convicted of an offence in
                         terms of this Act or the National Liquor Act, irrespective of the
                         sentence imposed, and was within 5 years after the conviction
                         again convicted of an offence in terms of any of the above-
                         mentioned two Acts and was then sentenced therefor to a fine
                         of not less than R200 or to imprisonment without the option of
                         a fine?

                                                                                                                          Yes                         No



                (iii)    is not domiciled in the Province?                                                                Yes                         No
                                                                                    42
          (iv)    an unrehabilitated insolvent?                                                                        Yes                         No



          (v)     is a minor?                                                                                          Yes                         No



          (vi)    the spouse of a person contemplated in subparagraphs (i), (ii)
                  or (iv)?

                  (Mark the applicable square)

                                                                                                                       Yes                         No



    (b)   If the applicant is a company, close corporation, partnership or trust, state whether a person
          contemplated in subparagraph (a) -

          (i)     has a controlling interest in such a company, close
                  corporation or trust

                                                                                                                       Yes                         No



          (ii)    is a partner in such a partnership                                                                   Yes                         No



          (iii)   is the main beneficiary under such a trust

                  (Mark the applicable square)

                                                                                                                       Yes                         No



    (c)   If any of the questions in subparagraphs (a) or (b) have been replied to in the affirmative,
          provide full details

          (Use an annexure if necessary)

4   (a)   State the name, identity number and address of each person –

          (i)     who, including the holder of the licence, has any financial interest in the business to which
                  the licence relates; and

          (ii)    who, including the applicant, will have such interest if the application is granted,

          and in each case, the nature and extent of such interest. [In the case of a public company,
          statutory institution or a co-operative as contemplated in the Co-operatives Act, 1981 (Act 91 of
          1981), it shall be sufficient if only the name and postal address of such company, statutory
          institution or co-operative, as the case may be, the name of each director (if any) thereof and
          the nature and extent of the financial interest of such company, statutory institution or co-
          operative are furnished and not also the interests of individual members of such company,
          statutory institution or co-operative.] ……………………………………………………………………
          (Use an annexure if necessary)

    (b)   State the financial interest in the liquor trade in the Province of the applicant and if the applicant
          is a private company, close corporation, partnership or trust, also of every shareholder, member
          or partner thereof or beneficiary thereunder. (If the applicant or the said shareholder, member,
          partner or beneficiary has no such interest, this fact must be specifically
          mentioned.)……………………….....................................................................................................

          …….................................................................................................................................................
          (Use an annexure if necessary)

    (c)   If the application relates to a liquor store licence, sorghum beer brewer's licence or sorghum
          beer licence for off-consumption, is the applicant -
                                                                 43
           (i)     a producer or his or her agent?                                   Yes               No



           (ii)    a manufacturer of beer or his or her agent?                       Yes               No



           (iii)   a person who has a financial interest in the business of a
                   producer or a manufacturer of beer, or the agent of such a
                   person?

                                                                                     Yes               No



           (iv)    a company in which shareholders having a financial interest in
                   the business of a manufacturer of beer, together hold a
                   controlling interest, or the agent of such a company?

                                                                                     Yes               No



           (v)     a company in which a company contemplated in
                   subparagraph (c)(iv) holds a controlling interest, or the agent
                   of such a company?

                   (Delete subparagraph (c) if not applicable)

                   (Mark the applicable square)

                                                                                     Yes               No


5   If application is made for the transfer of a micro-manufacturer’s licence for the production of wine only,
    is applicant -

           (i)     a person who engages in viticulture?                              Yes               No



           (ii)    an association of persons the majority of the members of
                   which engages in viticulture?

                                                                                     Yes               No




           (iii)   a co-operative society, which manufactures wine from grapes
                   produced by members of the co-operative society and of
                   which no other such co-operative society is a member?

                   (Delete paragraph 5 if not applicable)

                   (Mark the applicable square)

                                                                                     Yes               No



6   If application is made for the transfer of a producer's licence, is applicant a person who -

           (i)     engages in viticulture?                                           Yes               No



           (ii)    manufactures any other fermented beverage?                        Yes               No
                                                                                       44
                            (Delete paragraph 6 if not applicable)
                            (Mark the applicable square)

7       Under what name is the business to be conducted?..........................................................………………..

8       Will applicant have the right to occupy the premises referred to in
        paragraph 4(a) of Part A of the application, including such place on other
        premises upon which any approval or determination is exercised, for the
        purposes of the licence?

        (Mark the applicable square)

                                                                                                                        Yes                         No



I declare/truly affirm that the information furnished in Part B of this application in so far as it relates to
me/the applicant on whose behalf I am authorized to sign the application and in the documents attached to
it, is true.

Date........................................................................ ...............................................................................
                                                                             Signature of applicant who is the prospective holder
                                                                             or person authorized to sign application
I certify that this declaration has been signed and sworn to/affirmed before me at ……..............................
this ..................................................................... day of ........................................................... by the
applicant who is the prospective holder/person authorized to sign application who acknowledged that -


(i)                 he/she knows and understands the contents of this declaration;

(ii)                he/she has no objection to taking the prescribed oath/affirmation; and

(iii)               he/she considers the prescribed oath to be binding on his/her conscience,

and that he/she uttered the following words:
'I swear that the contents of this declaration are true, so help me God'./'I truly affirm that the contents of
this declaration are true'.

        ...........................................................................
                           Commissioner of Oaths

Full name……..................................................................................................................................................
Business address………..................................................................................................................................
Designation……...............................................................................................................................................
Area for which appointment is held……….......................................................................................................
Office held if appointment is ex officio………...................................................................................................




                                             FORM 8
      CERTIFICATE IN TERMS OF SECTION 30(4) OF THE ACT FOR THE TRANSFER OF A LICENCE TO
                                      ANOTHER PERSON
                                            [Reg. 43]

                                                           Reference no. ………………………….....................................................

                                                       NORTHERN CAPE LIQUOR ACT, 2008

The.........................................................................licence, held by…………...................................................

in respect of premises situate at………............................................................................................................

in the municipality of................................................................................................, under which business is

conducted under the name of…………..........................................................................................., is hereby
                                                                                            45
transferred to ………........................................................................................................................................

The business will in future be conducted under the name of………….............................................................

This transfer shall be of no force and effect unless the prescribed fees have been paid to the the Board.
Payment of the prescribed fees is to be made within sixty days after the under-mentioned date of issue.

This certificate must at all times during the currency thereof be attached to the licence concerned.

                Date of issue                                         Prescribed fees                                Payable on or before



   .................................................       .................................................   .................................................

Place of issue: Kimberley

                                                        ...............................................................................
                                                        Chief executive officer of the Northern Cape Liquor Board




                                                       FOR OFFICIAL USE BY THE BOARD

Amount received:………………….. Receipt No: …………………………                                                                         Office date stamp




                                          FORM 9
     APPLICATION IN TERMS OF SECTION 31 OF THE ACT FOR THE TRANSFER OF A LICENCE TO
                                    OTHER PREMISES
                                         [Reg. 45]


                                                            Date-stamp of Board

                                                                                                                     For official use

                                                                                                    Amount R ……………................................

                                                                                                    Receipt no. ……………..............................

                                                                                                    Date …………….........................................
                                                                                            46

                                                   NORTHERN CAPE LIQUOR ACT, 2008


                                                       Liquor Board’s Reference no. ….…….....................................................

                                                                             INDEX

                                       Description of document                                                                          Annexure

(i) Application                                                                                                                           Form 9

(ii) Plan of the premises [section 20(1)(b)]                                                                                                   A

(iii) Description of the premises [section 20(1)(c)]                                                                                           B

(iv) Comprehensive written representations [section 20(1)(a)]                                                                                  C

(v) Proof of notices required by section 20(1)(d)                                                                                              D

(vi) Proof of payment of prescribed fee [section 20(1)(f)]                                                                                     E

(vii)Report from municipality [section 20(1)(g)]                                                                                               F

Application prepared by……….........................................................................................................................

Postal address……….......................................................................................................................................

Telephone no. ……..........................................................................................................................................


1    Full name of applicant………......................................................................................................................

2    If applicant is not a natural person, state the name, identity number and address of each shareholder,
     member, partner or beneficiary…………………………..............................................................................
     …................................................................................................................................................................

3    (a)     Under what name is the licensed business conducted?…….........................................................…


     (b)        (i)     Will the name change as a result of the removal?                                                       Yes                          No



                (ii)    If so, state new name……………………………………………...

                        (Mark applicable square)




4    (a)        Describe the situation of the premises where the licensed business is conducted with reference
                to the erf, street or farm number

     ……….…………………………………………………………….....................................................................

     (b)        Describe the situation of the premises where the business is to be conducted with reference to
                the erf, street or farm number

     ……….…………………………………………………………….....................................................................

5    (a)        Are the premises referred to in paragraph 4(a) and (b) in the same
                municipality?
                (Mark the applicable square)

                                                                                                                               Yes                          No



     (b)        State the shortest distance by road from the premises referred to in paragraph 4(a) to the
                                                                                      47
                premises referred to in paragraph 4(b)…………….........................................................................

       ………....…………………………………………………………………………………………………………….

6      In the case of a micro-manufacturer’s licence for the production of wine only, describe the situation of
       the premises where the liquor concerned is manufactured with reference to the erf, street or farm
       number………………………………………………………………………………………………......................

7      In the case of a producer's licence, describe the situation of the premises where the liquor concerned is
       manufactured with reference to the erf, street or farm number………………………………...................

8      Will applicant have the right to occupy the premises referred to in
       paragraph 4(b), including such place on other premises upon which any
       approval or determination is to be exercised, for the purposes of the
       licence?

       (Mark the applicable square)

                                                                                                                       Yes                        No



9      In the case of an application for the transfer of an on-consumption licence, state in which portion of the
       premises the sale of liquor is to take place………......................................................................................

10 (a)          Is application made in respect of premises which -

                (i)     have not yet been erected?                                                          Yes                        No        ;or



                (ii)    are already erected, but require additions or alterations
                        to make them suitable for the purposes of the
                        proposed business?

                                                                                                            Yes                        No        ; or

                (iii)   are already erected and, in the applicant's opinion, do
                        not require additions or alterations in order to make
                        them suitable for such purposes?

                                                                                                            Yes                        No



       (b)      If paragraph 10(a)(i) or (ii) applies, state -

                (i)     the date on which such erection, additions, or alterations will be commenced
                        with………………………………………………………………………………….................; and

                (ii)    the period which will be required for the erection, additions or alterations……………….......




11 In the case of an application for the temporary transfer of a licence to other premies, state for what
   period such removal is desired...................................................................................................................

I declare/truly affirm that the information furnished in this application and in the documents attached to it, is
true.

Date........................................................................ ...............................................................................
                                                                             Signature of applicant or person authorized to sign
                                                                             application
I certify that this declaration has been signed and sworn to/affirmed before me at ……..............................
this ..................................................................... day of ........................................................... by the
applicant /person authorized to sign application who acknowledged that -


(i)             he/she knows and understands the contents of this declaration;

(ii)            he/she has no objection to taking the prescribed oath/affirmation; and
                                                                                       48
(iii)               he/she considers the prescribed oath to be binding on his/her conscience,

And that he/she uttered the following words:

'I swear that the contents of this declaration are true, so help me God'./'I truly affirm that the contents of
this declaration are true'.

        ...........................................................................
                           Commissioner of Oaths

Full name……..................................................................................................................................................

Business address………..................................................................................................................................

Designation……...............................................................................................................................................

Area for which appointment is held……….......................................................................................................

Office held if appointment is ex officio………...................................................................................................




                                                FORM 10
              NOTICE OF INTENTION TO APPLY IN TERMS OF SECTION 20(1)(d) OF THE ACT FOR THE
                   PERMANENT/TEMPORARY TRANSFER OF A LICENCE TO OTHER PREMISES
                                                [Reg. 46]

                                                       NORTHERN CAPE LIQUOR ACT, 2008

Notice is hereby given that it is the intention to lodge the abovementioned application, particulars of which
appear hereunder, with the Northern Cape Liquor Board.

          1                    2                    3                                                     4                             5
  Full name, street Kind of licence to be Kind of liquor to be                                     Full address of              Name under which
 and postal address     transferred              sold                                           licensed premises                business is to be
    of applicant                                                                                and municipality in             conducted and full
                                                                                                   which situated                address of other
                                                                                                                                    premises
                                                                                         49
        ................              .....................           .....................             ...............           ............................

        ...............               .....................           .....................             ...............           ............................

        ...............               .....................           .....................             ...............           ............................

Place...................................................................        ...............................................................................
                                                                                Signature of applicant or person authorized to sign
                                                                                application
Date.....................................................................


Footnote:

Complete columns as follows:


(i)             Column 1.-State surname of applicant followed by his or her full first names, residential,
                business and postal address. If applicant is not a natural person, state the full name of such
                person followed by the address of its registered office.

(ii)            Column 2.-State the kind of licence to be transferred with due regard to section 17, and in the
                case of a sorghum beer licence, state whether liquor is sold for consumption on or off the
                licensed premises.

(iii)           Column 3.-State the kind of liquor to be sold.

(iv)            Column 4.-Describe the situation of the premises where the licensed business is conducted with
                reference to the erf, street or farm number and state the municipality in which it is situated.

(v)             Column 5.-State the name under which business is to be conducted and describe the situation
                of the premises where the business is to be conducted with reference to the erf, street or farm
                number, including such place on other premises upon which any approval or determination is to
                be exercised.




                                         FORM 11
   NEW LICENCE IN TERMS OF SECTION 31(3) OF THE ACT FOR THE TRANSFER OF A LICENCE TO
                                   OTHER PREMISES
                                         [Reg. 52]

                                                                                         Reference no.......................................................

                                                  NORTHERN CAPE LIQUOR ACT, 2008

The.................……………………..licence granted in respect of premises situated at...............................and
upon which business is conducted under the name of…………………..........................................., is hereby
permanently/temporarily transferred to premises situate at………..............................................in the
municipality of…………............................................where business will be conducted under the name of
.……………………………………………………………………………………………….......................................

The temporary transferral is permitted for the period…………….....................................................................
                                                                                            50
The determinations, consent, approvals and authorities which have been granted are set out in
Annexure(s) ..........……….. hereto.


This licence shall be subject to the conditions determined by the responsible Member in terms of section
56(2)(a) and published in Provincial Notice........................................................of...................................../set
out in Annexure.....................................hereto.
Liquor not required for immediate sale shall be stored on the licensed premises/at a place indicated in
Annexure.......................... hereto.

The transfer of the licence to other premises shall be of no force and effect unless the prescribed fees
have been paid to the the Board. Payment of the prescribed fees is to be made within sixty days after the
undermentioned date of issue.

This certificate must, at all times during the currency thereof, be attached to the licence concerned.

               Date of issue                                         Prescribed fees                                      Payable on or before



   ................................................      ...................................................       ..................................................


Place of issue: Kimberley

                                                       .......................................................................................................
                                                       Chief executive officer of the Northern Cape Liquor Board




                                                      FOR OFFICIAL USE BY THE BOARD

Amount received:………………….. Receipt No: …………………………                                                                             Office date stamp




                                        FORM 12
     APPOINTMENT IN TERMS OF SECTION 33(1) OR (2) OF THE ACT OF A NATURAL PERSON TO
      MANAGE AND BE RESPONSIBLE FOR THE BUSINESS TO WHICH THE LICENCE RELATES
                                      [Reg. 53(1)]

                                                      NORTHERN CAPE LIQUOR ACT, 2008


                                                       Liquor Board’s Reference no. ….…….....................................................

                                                                             INDEX

                                       Description of document                                                                           Annexure

Appointment                                                                                                                               Form 12

Form completed by…...……….........................................................................................................................

Postal address……….......................................................................................................................................
                                                                                       51
Telephone no. ……..........................................................................................................................................


1    Under what name is the licensed business conducted?……………………………………………………….

2    In which municipality is the premises referred to in paragraph 1, situated?………….................................

3    State the following particulars of person whose appointment has been terminated:

     (a)       Full name…….................................................................................................................................


     (b)       Identity number………....................................................................................................................


     (c)       Date of termination of appointment…………..................................................................................


4    State the following particulars of person now appointed:


     (a)       Full name……….............................................................................................................................


     (b)       Age……..........................................................................................................................................


     (c)       Identity number………....................................................................................................................


     (d)       Relationship between him or her and the person who is the holder of the licence…………...........

               ……………………………………………………………………………………………………………….

     (e)       (i)     Is he or she a person who -

                       (aa)      has in the Republic or elsewhere in the preceding 10
                                 years been sentenced for any offence to imprisonment
                                 without the option of a fine?

                                                                                                                         Yes                        No




                       (bb)      has in the preceding 10 years been convicted of an
                                 offence in terms of this Act or the National Liquor Act,
                                 irrespective of the sentence imposed, and was within 5
                                 years after the conviction again convicted of an
                                 offence in terms of any of the above-mentioned two
                                 Acts and was then sentenced therefor to a fine of not
                                 less than R200 or to imprisonment without the option
                                 of a fine?

                                                                                                                         Yes                        No



                       (cc)      is not domiciled in the Province?                                                       Yes                        No



                       (dd)      an unrehabilitated insolvent?                                                           Yes                        No
                                                                                              52
                            (ee)        is a minor?                                                                            Yes                         No



                            (ff)        is the spouse of a person                               contemplated            in
                                        subparagraphs (aa), (bb) or (dd)?

                            (Mark the applicable square)

                                                                                                                               Yes                         No



                    (ii)    If any of the questions in subparagraph (i) have been replied to in the affirmative, provide
                            full details…………………......................................................................................................
                            (Use an annexure if necessary)

        (f)         Date of appointment……….............................................................................................................


I declare/truly affirm that the information furnished in this Form and in the documents attached to it, is true.


Date........................................................................          ...............................................................................
                                                                                      Signature of the holder of the licence or person
                                                                                      authorized to sign Form

I certify that this declaration has been signed and sworn to/affirmed before me at ……..............................
this ..................................................................... day of ........................................................... by the holder
of the licence/person authorized to sign Form who acknowledged that -


(i)                 he/she knows and understands the contents of this declaration;

(ii)                he/she has no objection to taking the prescribed oath/affirmation; and

(iii)               he/she considers the prescribed oath to be binding on his/her conscience,




and that he/she uttered the following words:

'I swear that the contents of this declaration are true, so help me God'./'I truly affirm that the contents of
this declaration are true'.

        ...........................................................................
                           Commissioner of Oaths

Full name……..................................................................................................................................................

Business address………..................................................................................................................................

Designation……...............................................................................................................................................

Area for which appointment is held……….......................................................................................................

Office held if appointment is ex officio………...................................................................................................
                                                                53




                                           FORM 13
       NOTICE IN TERMS OF SECTION 25(1) OF THE NORTHERN CAPE LIQUOR ACT, 2008, TO BE
                        PRESENT AT A MEETING OF THE LIQUOR BOARD
                                           [Reg. 54]

                                      Reference no. ………………………………..............................................

TO:

Name:

Address:

Sex:                                  Age:                                   Id no:


By virtue of the powers vested in the Board by section 25 of the Act, you are hereby directed to be present
at a meeting of the Board which relates to………………………….............................................................and
which will be held on the date, time and at the place indicated below.

                  Date                                       Time                                Place
                                                                                              54




Your attention is invited to the following:
(i)        It is compulsory for you to appear in person. If you are unable to appear in person you may
           appoint an advocate, attorney or any other person to appear on your behalf. [Section 25(2)]

(ii)                It is an offence not to be present and to remain in attendance, without you having appointed
                    somebody to appear on your behalf. [Section 46(k)]

(iii)               The Board may require from you to give evidence or to produce any document or any other
                    thing which is in your possession or custody or under your control.

Place of issue: Kimberley                                      ....................................................................................
                                                               Chief executive officer of the Northern Cape Liquor Board
Date................................................

                                                               FOR OFFICIAL USE ONLY

I certify that I have served this notice upon the said person by delivering a true copy to
................................................................................ PERSONALLY; or

Delivering as he/she could not be found, a true copy to....…..........................................................apparently
over          the       age     of     16       years        and          apparently        residing         or         employed        at      the      place           of
RESIDENCE/EMPLOYMENT/BUSINESS of the said………………………………………………………..........

At……...............................................................................................................................................................

…......................................................................................................................................................................

The nature and exigency of this notice was explained to the recipient thereof.

Time................................. Day....................................... Month.................................................... 20…….......


                                                                                     ...............................................................................
                                                                                     Signature of police officer or inspector




                                                                                FORM 14
                                                                            RECORD OF GUESTS
                                                                                [Reg. 58]

                                                     NORTHERN CAPE LIQUOR ACT, 2008

          Date           Name and address of guest                            Name of club member                         Signature of club member



   ...............        ..............................................     .......................................      ............................................

       ..............     .............................................      ........................................     ............................................

       ..............     ..............................................     .......................................      ............................................
                                                                                        55




                                      FORM 15
  ADVICE OF ANNUAL FEES PAYABLE IN RESPECT OF A LIQUOR LICENCE FOR THE YEAR …….....
                                     [Reg. 67(2)]

                                                 NORTHERN CAPE LIQUOR ACT, 2008

                                                                                 Reference no. ….........................................................

……............................................................................

……............................................................................

……............................................................................

Name and address of licensed premises…………….......................................................................................

……………………………………………………………………………………………………………………………

Kind of licence                                                                  Fees payable
                                                           56


Total fees payable to the the Board                 …………......................................................................



Payable on or before                                31 December 20....................................



Place: Kimberley                                    Date of issue…………….............................................



                                 FOR OFFICIAL USE BY THE BOARD



Note:     (i)    The Board shall not accept payment of the abovementioned fees unless this advice is
                 produced.

          (ii)   If the fees are received after 31 December, the fees payable shall be increased by 50%
                 and if the fees are received after 31 January, such fees shall be increased by 100%. No
                 fees are to be received after 28 February.




Amount received:………………….. Receipt No: …………………………                                         Office date stamp
                                                                                              57




                                             FORM 16
                 APPEAL TO THE RESPONSIBLE MEMBER IN TERMS OF SECTION 34 OF THE ACT




Appellant’s full names and identity number: ....……………………………………………………………………..

..........................................................................................................................................................................

Appellant’s postal address:

..........................................................................................................................................................................

..........................................................................................................................................................................

..........................................................................................................................................................................

Postal code: ……………………………………………………………………..

Liquor Board reference number (if any): ...................................................................................

Liquor Board’s decision appealed against:

..........................................................................................................................................................................

..........................................................................................................................................................................

..........................................................................................................................................................................

Decision date: ……………………………………………………………………..

Date on which the appellant was informed of the reasons for the decision: ....................................................

Merits of the appeal:

(Attach extra page(s) if the space provided is not sufficient)

.........................................................................................................................................................................

..........................................................................................................................................................................

..........................................................................................................................................................................

(Please attach records of the decision appealed against, a copy of the reasons provided in terms of
section 34(2) of the Act, the receipt referred to in regulation 69(2) and any additional supporting
documents)
                                                                                              58
I declare/truly affirm that the information furnished in this application and in the documents attached to it, is
true.

Date..................................................................                ............................................................................
                                                                                      Signature of applicant who is the proposed person or
                                                                                      person authorized to sign application

I certify that this declaration has been signed and sworn to/affirmed before me at……………..................this
...................................... day of..........................................................by the applicant who is the proposed
person/person authorized to sign application who acknowledged that –

(i)                he/she knows and understands the contents of this declaration;

(ii)               he/she has no objection to taking the prescribed oath/affirmation; and

(iii)              he/she considers the prescribed oath to be binding on his/her conscience,



and that he/she uttered the following words:

'I swear that the contents of this declaration are true, so help me God'./'I truly affirm that the contents of
this declaration are true'.

       ............................................................................
                          Commissioner of Oaths

Full name……..................................................................................................................................................

Business address………..................................................................................................................................

Designation……...............................................................................................................................................

Area for which appointment is held……….......................................................................................................

Office held if appointment is ex officio………...................................................................................................

				
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