Municipal by-laws with Bella Moloi
Talking liquor traders and taverners in the By-Laws Corner with Bella.
Colleagues Const Stella Mogotlane and traffic warden, Xolani Ngubane, are now part of our EMPD municipal by-laws team.
Mogotlane, is a highly accredited by-laws specialist, while EMPD traffic warden Ngubane is her assistant.
In this issue, Mogotlane will be sharing part of her vast knowledge about municipal by-laws affecting a local small business sector of liquor traders and taverns in the townships.
The team is currently drawing up a database of all liquor outlets operating around the Kathorus area. The aim of the project is to inform liquors traders of a series of visits to be conducted by the EMPD by-laws team soon.
According to Mogotlane, what this means is that a legislative requirement law-enforcement operation would soon be launched by the EMPD who warned this could see a large number of liquor traders in the townships prosecuted for contravening the 2003 Liquor Act 59.
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Mogotlane said an estimated 40% of small businesses in the liquor trade in residential areas in the townships are non-compliant. These, she said, are the same traders, who, in turn, complain that their applications to have their residential premises re-zoned for business are rejected.
We have observed that the majority of these liquor traders do not understand the re-zoning regulations stipulating that a business operated from home infringes on the Residential Zoning Regulations. Some home-based businesses in residential areas may disturb neighbours and pose a risk to the residents.
The reality is that, in the event of any “complaint or disturbance” that may be brought against the business by the affected neighbours as a result of the operation of the business, could result in a court ruling to close the business.
The EMPD’s by-laws team has also noted that most liquor traders and tavern operators tend to employ illegal immigrants as managers. Some even go to the extent of renting out their premises outlets to foreigners without following the proper channels required by the Liquor Act. This violation may lead to such business being fined.
Liquor traders who wish to know about the transgression of the Liquor Act Laws are urged to discuss their status with the EMPD By-Laws Department. Do not wait for legal action to be taken against you and please ensure that you follow proper procedures as stipulated by the Liquor Act and the conditions of your licence.
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Renewing liquor licence
Once you’re licensed to sell or supply Liquor has been granted, it is imperative that:
• You keep your licence always up to date.
• Make sure that you renew your licence yearly.
• Failure to renew your licence could result in your business being unable to operate.
• Operating without a licence is illegal may result in a criminal prosecution.
Steps to follow to trade in a residential area
• Obtain SAPS clearance.
• Fingerprints will be taken to confirm your criminal record.
Re-zoning premises for business
•Visit your local municipal town planning office to confirm the premises you want to use for business.
•Provide Sars tax compliance certificate.
• Visit your nearest Sars office for a tax clearance certificate.
Your liquor licence.
• Once you have followed all the above steps, only then can you apply for your liquor trading licence to sell or distribute liquor in your area.
For further enquiries contact
• Office 011 999 179/ Cell: 078 366 6379 or e-mail; bell.moloi@ekurhuleni.gov.za or visit the Complaints and Investigations Office at the Vosloorus EMPD Precinct.
•Please note, we undertake to disclose impropriety and wrongdoing by any person without fear, favour or victimisation. The principle of protected disclosure is strictly adhered to by our officials as stipulated in Act 26 of 2000.
•Let us manage whistleblowing together and make a difference in our neighbourhoods and change Kathorus into a better place for all.
Have a story?
Contact the newsroom by emailing: Zaid Khumalo (managing editor) zaidk@caxton.co.za , kathorusmail@lokshinmedia.co.za
or Aaron Damane (journalist) aarond@caxton.co.za
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