Liquor Act, 2003 (Act No. 59 of 2003)Chapter 1 : Definitions, Interpretation, Objects and Application of Act1. Definitions and interpretation |
| (1) | In this Act, unless the context indicates otherwise— |
"applicable provincial legislation"
means legislation enacted by a provincial legislature regulating the micro-manufacture, retail sale or consumption of liquor;
"applicant"
means a person who has applied to be registered in terms of this Act;
"beer"
includes—
| (a) | ale, cider and stout; and |
| (b) | any other fermented drink, other than traditional African beer— |
| (i) | that is manufactured as, or sold under the name of, beer, ale, cider or stout, if it contains more than one per cent by volume of alcohol; or |
| (ii) | that is declared to be beer under section 42(2)(a); |
"bottle"
means to place and seal a substance in the container in which it will be offered for retail sale;
"Competition Commission"
means the body established by section 19 of the Competition Act, 1998 (Act No. 89 of 1998);
"control"
has the meaning determined in accordance with the Competition Act, 1998 (Act No. 89 of 1998);
"Council"
means the National Liquor Policy Council established by section 37;
"department"
means the department responsible for liquor matters in the national sphere of government;
"distribute"
means to offer liquor or methylated spirits for sale, or sell it, to a registered person;
"distributor"
means a person registered as such in terms of this Act;
"Director-General"
means the Director-General of the department responsible for liquor matters in the national sphere of government;
"financial year"
means the calendar year commencing on the first day of April in any year and ending on the last day of March in the following year;
"impotable substance"
means any substance that is unsafe for human consumption;
"inspector"
means a person designated as such in terms of section 25(1);
"liquor"
means—
| (a) | a liquor product, as defined in section 1 of the Liquor Products Act, 1989 (Act No. 60 of 1989); |
| (b) | beer or traditional African beer; or |
| (c) | any other substance or drink declared to be liquor under section 42(2)(a); |
"manufacture"
means to produce or bottle liquor or methylated spirits for the purpose or with the intent of selling it;
"manufacturer"
means a person registered as such in terms of this Act;
"Member of the Executive Council"
means, in respect of each province, that person appointed in terms of section 132 of the Constitution to whom the responsibility for liquor licensing has been assigned;
"methylated spirits"
means—
| (a) | a spirits denatured in accordance with any law on the denaturation or methylation of spirits; |
| (b) | any other denatured spirits, including— |
| (i) | a medicated spirits; or |
| (ii) | a denatured spirits declared to be a methylated spirits in terms of this Act; |
"micro-manufacturer’’
means a person registered as such in terms of applicable provincial legislation to manufacture liquor at or below the prescribed threshold volume;
"Minister"
means—
| (a) | the member of Cabinet responsible for liquor matters in the national sphere of government; or |
| (b) | a person acting on or in terms of a delegation made under section 45; |
"minor"
means a person who has not attained the age of 18 years;
"person"
includes a trust, and any other entity mentioned in the definition of "person" set out in the Interpretation Act, 1957 (Act No. 33 of 1957);
"premises"
includes any place, land, building or conveyance, or any part of it;
"prescribe"
means prescribe by regulation in terms of this Act;
"prescribed threshold volume"
means the volume determined by the Minister in terms of section 4(10);
"private collection"
means liquor held by a person if that person acquired that liquor for private consumption and without the intention of re-selling it, whether by—
| (a) | producing it; |
| (b) | purchasing it from a retail seller; |
| (c) | acquiring it from another private collection; or |
| (d) | importing it into the Republic; |
"register"
when used as a noun, means the register referred to in section 23;
"registered person"
means—
| (a) | a manufacturer, distributor, micro-manufacturer or retail seller; or |
| (b) | a person acting in the capacity of an employee or agent of a person referred to in paragraph (a); |
"registered premises"
means premises that have been registered in terms of this Act;
"registrant"
means a person who has been registered in terms of this Act;
"regulation"
means a regulation made under this Act;
"retail sale"
means the sale of liquor for the purpose of consumption;
"retail seller"
means a person who is registered or licensed in terms of applicable provincial legislation to sell liquor, or make liquor available for sale, for the purpose of consumption;
"sell"
includes exchange, offer, display, deliver, supply or dispose of, for sale, or authorise, direct or allow a sale;
"supply"
with regard to any liquor or methylated spirits, means to place a person in possession or control of that liquor or methylated spirits, respectively;
"traditional African beer"
| (a) | has the meaning determined in terms of the Customs and Excise Act, 1964 (Act No. 91 of 1964), if any; or |
| (b) | in the absence of a meaning contemplated in paragraph (a), has the meaning set out in Schedule 1; |
"traditional African beer powder"
| (a) | has the meaning determined in terms of the Customs and Excise Act, 1964 (Act No. 91 of 1964), if any; or |
| (b) | in the absence of a meaning contemplated in paragraph (a), has the meaning set out in Schedule 1; |
"this Act’’
includes any schedule, and any regulation or notice made under this Act.
| (2) | For all purposes of this Act, the question whether, at the time of producing, bottling, importing or acquiring any liquor, a person did so for the purpose or with the intention of selling that liquor is a matter of fact to be inferred from the circumstances, including but not limited to— |
| (a) | the frequency and quantity of liquor produced, bottled, imported or acquired by that person; |
| (b) | the frequency and quantity of sales of liquor by that person; |
| (c) | the existence or absence of any evidence that— |
| (i) | at the time that liquor was acquired, the person could reasonably have expected that the acquisition and retention of that liquor could result in commercial gain; or |
| (ii) | the person acquired or retained the liquor with the expectation of realising a commercial gain; |
| (d) | the existence or absence of any evidence of advertising, promotional or marketing activity by that person relating to the sale of liquor; and |
| (e) | the nature of any relationship between that person and a registered person. |