“I want to upgrade my B&B by adding in a bar and lounge as well as a small restaurant area for lunch and dinner guests. I would like to serve alcohol at both the bar and restaurant area, but I am unsure as to what type of licence I need to obtain?”
There are two types of registration certificates in respect of liquor licencing, namely an on-consumption licence and an off-consumption licence. In the case of your B&B, an on-consumption licence will be required for the sale and supply of liquor on your premises.
Having established that an on-consumption licence is required, the correct type of on-consumption licence must be identified. An accommodation establishment licence will probably be the best choice.
For such a licence you must have an accommodation establishment on the registered premises. You will have to keep a record of all guests and liquor that may only be sold to the guests for consumption on the premises. This licence would allow you to use it interchangeably in your restaurant and bar areas.
The application for a new registration must be submitted to the Free State Gambling and Liquor Authority (“FSGLA”) and must therefore be accompanied by the following:
A completed FSLA 1 form, which is the general application form for such a licence.
A detailed written motivation in support of the application. The applicant can include a copy of his CV and indicate therein his business acumen to supplement the application. Furthermore, the application must substantiate whether the licence would be in the public’s interest and motivate why it would be in the public’s interest.
The municipal approved building plans of the premises which includes inter alia
dimensions of each room/hall, all windows, doors and service areas, and a clear indication of all entrances/exits and which areas these entrances/exits lead to/are linked to.
A detailed description of external and internal features of the premises, with photographs in support thereof.
Proof of the right of occupation of the premises such as a title deed or lease agreement.
Proof of publication of the application in the Provincial Gazette and in at least one newspaper normally circulated in the area where the premises are situated.
Proof of payment of the prescribed non-refundable application fee into the bank account of the FSGLA.
The full business address and location of the premises to which the application relates.
In the case of a natural person a certified copy of the identity document of the applicant or in the case of a juristic person a certified copy of the incorporation documents of the legal entity.
Once the above have been submitted to the FSGLA a number of inspections will ensue and it is only after the completion thereof that the Board of the FSGLA will consider the application. The entire process can take anything from 5 to 8 months to be completed.
As the process can be quite lengthy it is vital to obtain the assistance of a liquor licence specialist to assist in preparing the licence application and provide support during the submission and evaluation process by the FSGLA.
Please note that the above provides only the broad outlines for an application process for a liquor licence and in no way provides any guarantee that such a licence will be awarded. The details and timeframes of the application process may also differ from case to case and may differ for different liquor authorities. The article is provided for information purposes only and legal advice and assistance should rather be independently sought when undertaking any application for a liquor licence.