Liquor sales and under 18’s – what does the Liquor Act say

In South Africa, the law prohibits the sale of liquor to a person under the age of eighteen (18) years.

The Western Cape Liquor Act further states that a license holder may not permit a person under the age of 18 years to be in a part of the licensed premises in which such person may not be in terms of the Act or in terms of a condition of the particular liquor license.

Failing to comply with this prohibition renders the license holder guilty of an offence.

In this regard, the Act makes specific reference to a restricted area. It places a positive obligation on a license holder to restrict persons under 18 years from entering such an area.

A restricted area is defined in the Act and includes:

1.?????????????any room or any place on licensed premises where liquor is sold over a counter (i.e., the room or area where the bar counter is located); and

2.?????????????premises licensed for the sale of liquor for consumption off the premises (i.e., a liquor store).

However, the traditional distinction of what constitutes a bar and a liquor store is not so clearly defined these days.

Tourist facilities like farmstalls or curio/speciality shops also often sell local wine, spirits or other liquor on the premises, which must then, by definition, also be considered a restricted area.

Another common scenario is a large restaurant comprising different areas or rooms – where in one of these areas, the bar counter is located where patrons can directly order and pay for their liquor.

The scenarios described above raises the question – should a license holder restrict persons under 18 years from entering the areas described above?

The Liquor Act, fortunately, provides for certain exemptions with which license holders are not always familiar.

The first exemption is that a bar area would not be considered a “restricted area” if tables are placed in that area, and meals are served there. Persons under the age of 18 will therefore be permitted to enter such area with or without adult supervision to enjoy a meal. ?

The second exemption in the Act states that premises licensed only for the sale of liquor for consumption off the premises are not considered a restricted area if it mainly operates as a retail food store. A retail food store is a business primarily retailing in groceries and foodstuffs.

The latter is the exemption which permits persons under 18 years to enter the local retail supermarket and walk past the wine aisle without adult supervision. They are similarly allowed to enter farm stalls or curio shops, where other products, such as local produce, are mainly sold, unsupervised.

Finally, persons under the age of 18 will always be allowed to enter an off-consumption licensed premises like a liquor store if accompanied by a parent, guardian or another adult with the consent of a parent or guardian.

The Act, however, does not accommodate the situation where a curio or speciality shop sells other products like clothes or local arts and crafts in addition to liquor since it will not fall within the definition of what constitutes a retail food store.

License holders of these types of premises would therefore have to restrict access to persons under the age of 18 years who are unsupervised.

Any store, shop, bar or pub considered a restricted area, as explained above, must also comply with the requirement to put up proper signage indicating that such premises are a restricted area.

Any person who has questions regarding the above is welcome to?contact us.

Since 1998, Danie Cronjé has been involved in advising key role players in the wine industry on all liquor-related laws. Today, in the heart of the Winelands, Danie Cronje Attorneys continues to streamline all the processes for his clients' relating to liquor licensing and the regulation thereof.