What does the Liquor Act say about BYO and Corkage?

You have just secured a lease in the perfect location in the hustle and bustle of town. You intend to open a new cosy café where patrons can come to “wine” down after a long day at work and enjoy a hearty meal prepared by your locally renowned in-house chef.

Opening day is around the corner, and you know the formula to a successful venture is: wine + dinner = winner.

An unexpected bump in the road occurs – your liquor license consultant informs you that a new liquor license may take 6 – 8 months.

This scenario raises an interesting question: What does the law say about BYO (i.e. “bring your own”) and corkage?

The Western Cape Liquor Act (“the Act”) states that no person is permitted to sell liquor unless authorised to do so in terms of a license issued in terms of the Act.

Any person who sells liquor, without a liquor license, is guilty of an offence.

When customers bring their own liquor, which they purchased elsewhere, to the premises, i.e. BYO - nothing in the Act prohibits the consumption thereof on the unlicensed premises.

Furthermore, the Act does not include any provisions dealing with corkage fees, and even an unlicensed business is within its right to charge a reasonable corkage fee for services rendered in respect thereof.

It is a very reasonable conclusion to make that the Western Cape’s popularity amongst local tourists can be attributed to the many attractive wine estates, restaurants and café’s which capitalise on the beautiful scenery of the province - all best enjoyed with quality liquor at the centre.

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 continues to streamline all the processes for his clients' relating to liquor licensing and the regulation thereof.