MODULE 4: Liquor Licenses Flashcards
According of the Foodstuffs, Cosmetics and Disinfectants Act, what are 3 things are considered an offence?
It is an Offence
to provide food that isnt according to the standard of composition, strength, purity, or quality.
to provide food that contains illegal substances, Is impure, decayed, harmful to health, and if another substance has been added to increase mass (like adding water to vodka).
to falsify the advertisements, origin, nature, quality, strength, or other properties.
TRUE or FALSE: It is NOT an offence if the substance is non-injurious and for the purpose of cooking preparations
TRUE
What can a hotel be held liable for?
Bodily injury cause by food or drink supplied (note that the hotel can also make a claim agaisnt the supplier)
Bodily injury or damage to property caused by accidents due to defects of the premises or negligence of the hotelier/staff
According to the Workmen compensation Act, who can claim compensation?
All full time workers who are injured, disabled, diseased, killed or ill from their occupation
According to the Workmen compensation Act, who can NOT claim compensation?
Workers who are disabled for -3 days
Domestic workers
Anyone in military training
Members of the SANDF or SAPS
Workers guilty of wilful misconduct
Anyone employed outside RSA or employed temporarily
Should a worker submit a claim form to the Compensation Commissioner and await a decision via email or postcard?
Yes
Explain the difference between on- and off-consumption liquor licences.
On-consumption liquor licences:
A licence for the sale of liquor for consumption on the premises where the liquor is sold
Off-consumption licence:
A licence for the sale of liquor for consumption off the premises where the liquor is sold
Provide FIVE examples each of ON-consumption liquor licences.
- Hotel liquor licences
- Restaurant liquor licences
- Wine-house licences
- Theatre liquor licences
- Club liquor licences
- Sorghum beer licences
- Special licences
- Temporary liquor licences
- Occasional licences
Provide FIVE examples each of OFF-consumption liquor licences.
- Wholesale liquor licences
- Brewers’ licences
- Liquor store licences;
- Grocers’ wine licences
- Wine farmers’ licences
- Sorghum beer brewers’ licences
- Sorghum beer licences
- Special licences
- Producers’ licences
What does the holder of an on-consumtpion liquor license have the right to do?
.
Refuse admission to the premises of any person
Ask anyone to leave the premises
Remove any person who is drunk and disorderly
Explain and give an example of the following term:
Access to premises/Right of Admission
The licence holder, or one of their agents can refuse to allow anyone on to the li-cences premises. They can refuse to sell or provide liquor to anyone, and they can ask anyone to leave and remove them if they are drunk, violent, disorderly.
They can also ask the police for assistance in any of the above.
Explain and give an example of the following term:
Bar/restricted part
Refers to a premises with an on-consumption license, where liquor is served over a counter (but does not form an essential part of a room where ordinary meals are taken continuously on a daily basis).
A bar counter located in a restaurant, for example, is not a “restricted part”.
A bar of this nature will also be open to the public on closed days.
Any restricted part of the licences premis-es must be (at every entrance) clearly indi-cated as such. No person under 18 may be served at a bar/restricted part.
Explain and give an example of the following term:
Closed days
Refers to days that liquor may not be sold:
* Sunday
* Good Friday
* Christmas Day
Explain and give an example of the following term:
Trading hours
Liquor may be sold on any day be-tween10:00 – 02:00 – including closed days provided it is consumed while taking an ordinary meal.
Explain and give an example of the following term:
Corkage
Refers to the fee levied on customers by a restaurant for bringing their own wine. It is not a penalty but rather a service fee as you are served by their staff and use their glassware and ice among other things.
Explain and give an example of the following term:
Premises
Means the premises on which liquor may be sold under a licence
What are some general Corkage Regulations
- It is NOT illegal to allow a customer to bring his/her own liquor to the licensed premises and to consume the liquor on the premises.
- The licensee must ensure that liquor sold under the licence is consumed on the licensed premises only.
- A customer who brought liquor to the premises must legally remove that liquor from the premises upon his/her departure.
However, the burden of proving that the liquor removed wasn’t sold under the licence will fall upon the licence holder. - Much of the corkage issue is left to the discretion of the licence holder.
Except for alcohol, a hotel with a liquor store licence may also additional items. List FOUR of these items.
Chips
Drinks
Biltong
Cigarettes
State the trading hours for the follow-ing licences:
1 Producer’s licence
2 On-consumption licence
3 Grocer’s wine licence
4 Hotel Liquor Licence
5 Liquor Store Licence
Producer’s licence
08:00 / 20:00
General On-consumption licence
10:00 - 02:00 on the following day.
closed days NOT included (Sundays, Good Friday, & Christmas Day)
Grocer’s wine licence
(Sale OR delivery)
Weekdays: 08:00 and 20:00.
Saturday:08:00 to 17:00.
Hotel liquor licence
10:00 - 02:00 on the following day.
closed days NOT included (Sundays, Good Friday, & Christmas Day)
Liquor store licence
(Sale OR delivery)
Weekdays: 08:00 and 20:00.
Saturday:08:00 to 17:00.
When is a person guilty of an offence with regards to the consumption or use of alcohol? State FIVE offences
* It is an offence to: be drunk, violent or disorderly on any premises on which liq-uor may be sold.
* be drunk ‘in or on or-near’ any road or other thoroughfare, including a park, mar-ket, shop, warehouse or public garage, any place of entertainment such as a res-taurant or racecourse, and any place to which the public is admitted, whether by paying admission or any other manner
* consume liquor on private premises without the consent of the owner or legal occupier
* introduce, possess or consume liquor at any sports ground, except in the premises licensed for the sale or consumption of liquor
* sell or supply liquor to a drunk person.
