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WHEN MUST A LICENCE HOLDER NOMINATE A MANAGER

By adminIn ServicesPosted 330 Comment(s)

The Liquor Licensing Tribunal must unless the applicant is a natural person when granting a licence, approve the appointment of a natural person nominated by the applicant, and who is resident in the Province, as manager of the licensed business In the abovementioned applications by an applicant.

52 (1A) The Presiding Officer may, when —

granting a temporary liquor licence under section 48(1);

granting an event liquor licence under section 48(4);

acting under section 49(6);

acting under section 53(1); or

granting consent in terms of section 65(5),

approve the appointment of a natural person nominated by the applicant for

the licence, the licensee or proposed licensee, as the case may be, as manager

of the licensed business.’’;

you may appoint a manager. Keep in mind that section 52 reads as follows,? A licence holder “May Appoint “You do not need to appoint a manager, nominating a manager, can also have serious negative consequences. Because in terms of the Act, the manager has the same responsibilities as the licence holder. One of your responsibilities as a licence holder is to keep records of liquor sales for three years. If your manager does not have the responsibility of keeping records of your liquor sales after your accountant has submitted your yearly financial statement, then he does not have your responsibilities, so only this one point of many already said it all.

When your liquor Licence is registered under a Company, (PTY, CC or Trust) then one of the members or Directors involved in the business needs to be appointed as a manager because a company cannot be criminally liable. That is what a manager is all about. Most of the police officers and inspectors do not have legal expertise or real experience in this field.

Police officers and Inspectors always instruct licence holders to appoint a manager when a licence holder is not on the premises. That is NOT TRUE!!! You can tell anybody I said so because this is not correct. According to Section 52(1), the act clearly indicates that the Tribunal has to appoint a person as a manager when you specifically apply for a new licence in terms of Section 36, or anything mentioned in Section 52(1A) Above;

You can only nominate one person at a time in terms of this Act as Subsection 9 clearly states:

If a person whose appointment as a manager has been approved in terms of subsection (1), (1A) or (2)ceases to manage the licensed business or becomes disqualified from doing so, the licensee must, within thirty (30) days from such event, apply in terms of subsection (2) for the approval of the appointment of a manager in his or her place.’’;

THE FACT THAT THE LIQUOR AUTHORITY OVERLOOKED THIS SUBSECTION FOR OVER 11 YEARS, RAISED SEVERAL CONCERNS.

When a licence is in your personnel name (Sole Proprietor, or partnership, and the licence is registered in your direct name, in other words, (a natural person) you also do not need to appoint anybody. You as a licence holder are already liable in terms of Section 83 of the Liquor Act. Only nominate a manager if you can trust that person.

I am not going to go into much detail about this, but if you need any assistance or advice, contact me,
I do not charge consultant fees for advice or any consultations. I only charge for applications.

Personnel of the liquor Authority do not have the experience, knowledge or expertise with no guidance. The previous LIQUOR BOARD were much more educated in terms of LAW when they operated under the Department of Trade and Industry

admin

admin

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