If the license holder is a natural person and runs and conducts the licensed business in his/her own name, it is not necessary to appoint a Manager.
If a Company, Close Corporation or Trust is the holder of a Liquor License, this Company, CC or Trust has to appoint a Manager to conduct the licensed business on the premises. This Manager is the responsible person in control of the premises and carries certain responsibilities.
Such a Manager (in the same way as a new license holder) will need to qualify under Section 35 of the Western Cape Liquor Act, namely:
Not have been sentenced to imprisonment without the option of paying a fine within 5 years;
Not been declared to be unfit to hold a registration with the national Liquor Authority or a license by any provincial liquor board or authority within 5 years;
Not be an unrehabilitated insolvent;
Not be a minor;
Not be the holder of a liquor license which was cancelled in terms of the Western Cape Liquor Act or any other act regulating licenses within a period of 12 months;
Not be the spouse or life partner of any of the persons named above;
Not be mentally ill.
The Liquor Authority will direct that the proposed manager undergo such training and education as the Tribunal may specify as a precondition of the approval of such appointment.
The Approval of a Manager remains valid until the appointment of a new manager.
The approval of the appointment of a manager in terms of the Act does however not release the licensee from any duty, obligation or liability imposed upon it by the Western Cape Liquor Act or the conditions of the license.
We provide legal advice and assistance in this regard and will lodge your Application on your behalf.