OnTap Magazine

NOTICE OF APPLICATION Zoning is a means of regulating and controlling land use rights and development, as defined by the local town planning scheme. Through zoning, the municipalities are able to identify permitted use of specific properties. To operate a brewery, premises should be zoned for “industrial purpose” and ideally Industrial 1 zoning. INDUSTRIAL 1 (LIGHT INDUSTRY) provides zoning for normal factories, warehouses or depots. INDUSTRIAL 2 (GENERAL INDUSTRY) specifically for operations which can involve noxious and/or unpleasant odours and emissions. INDUSTRIAL 3 (RISK INDUSTRY) caters for specific applications such as specialist workshops or mini-factories. Zoning is currently the biggest problem within the industry. Ideal areas to operate brewpubs are often not zoned for industrial use, while many industrial areas aren’t exactly places that people want to flock to for lunch and a beer. Some breweries are going the route of re-zoning their premises, while others spend months searching for premises in ideal locations with industrial zoning. Z O N I N G According to the Gauteng Act, every applicant should give notice of an application by publication in at least two newspapers circulating in the area in which the premises are situated, as well as in the Provincial Gazette. The adverts should include the full names of the applicant, intended trading name, identity number or registration number of the applicant, full address and location of the premises, the type of licence applied for, names and nature of educational institutions, names of and distances to similar licensed premises and places of worship within a radius of 1km from the premises. The notice should also invite interested persons to lodge any objections to the application. Original copies of the adverts should be submitted with the application. This differs from the Western Cape Act, where the board, after receiving the application, would publish notices in the three official languages of the province (English, Xhosa and Afrikaans) in the Provincial Gazette and in at least one newspaper circulating in the area where the premises are located. The applicant would then need to display a notice at the proposed licenced premises in all three official languages of the province and leave it in place for at least 28 days. It is very important to note that in the Western Cape, no application may be advertised during the period of December 1st and January 15th of the following year. Once your application has been lodged, a liquor officer inspector will inspect your premises and documentation to ensure compliance with the relevant act. The inspector then submits a report to the relevant liquor board to be included within the application. Once all documents have been submitted, the application will go for final review by the liquor board. And then you wait…and wait. You might hear back with requests for extra information such as example labels, photos of your drains or product quality certificate. It’s important that you ensure all responses are timeous as the liquor boards only sit once a month, otherwise your application may be pushed out. The good news is that most applications do get accepted in the end, as long as you’ve checked all the boxes. And when you sell your first licensed pint, all the headaches and stress will be worth it. Don’t’ forget to check all the rules and regulations with SARS, SAPS and DAFF - the Department of Agriculture, Forestry and Fisheries – who also have a hand in giving your new brewery the go ahead. LICENSING TIP INSPECTIONS 52 | Winter 2018 | ontapmag.co.za