| (a) |
An Administrator may by notice in the Official Gazette designate a local authority, or appoint any person or body, as a licensing authority for an area which the Administrator specifies or defines in the notice, to undertake from a date specified in the notice the licensing of businesses in the area concerned. |
| (b) |
A local authority may so be designated or appointed for any area, whether in or outside its own area of jurisdiction, but in the province concerned, including the area of jurisdiction of any other local authority or any part of such an area. |
| (c) |
When an Administrator exercises any power under paragraph (a), he shall do so with the concurrence of— |
| (i) |
the local authority, or person or body, designated or appointed as licensing authority; |
| (ii) |
in the case of the designation or appointment of a local authority as licensing authority for an area comprising the area of jurisdiction of another local authority or any part thereof, that other local authority; |
| (iii) |
in the case of the appointment of a person or body as licensing authority for an area comprising the area of jurisdiction of a local authority or any part thereof, that local authority. |
| (2) |
An Administrator may at any time, after consultation with the relevant licensing authority, amend or withdraw a notice under subsection (1) by notice in the Official Gazette. |
| (3) |
No person shall, with effect from the date specified in a notice under subsection (1) in respect of a specific licensing authority, carry on any business in the area of that licensing authority— |
| (a) |
unless, in the case of a business referred to in item 1(1) or 2 of Schedule 1, he is the holder of an apposite licence issued to him by the licensing authority in respect of the business premises concerned; |
| (b) |
unless, in the case of a business referred to in item 3(1) of Schedule 1, he is the holder of a hawker's licence issued to him by the licensing authority; |
| (4) |
A licensing authority shall, subject to the provisions of subsection (6), issue a licence which is properly applied for unless— |
| (a) |
in the case of a business referred to in item 1(1) or 2 of Schedule 1, the business premises do not comply with a requirement relating to town planning or the safety or health of the public of any law which applies to those premises; |
| (aA) |
in the case of a business referred to in item 1(1) or 3(1) of Schedule 1, any apparatus, equipment, storage space, working surface, structure, vehicle, conveyance or any other article or place used for or in connection with the preparation, handling or sale of foodstuffs, does not comply with a requirement of a law relating to the health of the public; |
| (b) |
in the case of a business referred to in item 2 of Schedule 1, the licensing authority is satisfied that— |
| (i) |
the applicant, whether or not he is or will be in actual and effective control of the business; or |
| (ii) |
if another person is or will be so in control, that other person, |
is not a suitable person to carry on the business, whether by reason of his character, having regard to any conviction recorded against him, his previous conduct or for any other reason;
| (c) |
in the case of an application for a hawker's licence, such a licence of which the applicant concerned was the holder, was withdrawn under subsection (9) at any time during the preceding 12 months. |
| (a) |
For the purposes of subsection (4)(b), a licensing authority may ask the South African Police for a report stating particulars of all convictions (if any) recorded against an applicant concerned or against any person referred to in subsection (4)(b)(ii). |
| (b) |
For the purposes of such a report any member of the South African Police may require the applicant or person concerned to furnish such information and particulars (including any finger-print, palm-print or foot-print) as that member may consider necessary. |
| (6) |
In considering an application for a licence, a licensing authority may— |
| (a) |
grant the application on condition that— |
| (i) |
the business premises concerned shall, before the licence is issued, comply with a requirement contemplated in subsection (4)(a) stipulated by the licensing authority and made known in writing to the applicant; |
| (ii) |
any apparatus, equipment, storage space, working surface, structure, vehicle, conveyance, article or place referred to in subsection (4)(aA) shall, before the licence is issued, comply with a requirement contemplated in that subsection so stipulated and made known; or |
| (c) |
issue the licence subject to any condition therein specified in terms of which the licence holder shall in connection with the business premises or any such apparatus, equipment, storage space, working surface, structure, vehicle, conveyance, article or place |
| (i) |
comply with a specific requirement contemplated in subsection (4)(a) or (aA), as the case may be; or |
| (ii) |
within a specified period comply with such a requirement. |
| (7) |
A licensing authority may, on application by a licence holder, by way of endorsement on the licence— |
| (b) |
extend the period referred to in subsection (6)(b)(ii); |
| (d) |
indicate that a condition specified in the licence has been complied with. |
| (a) |
A licensing authority may at any time, after giving the licence holder concerned a reasonable opportunity to be heard, if it considers it necessary on the ground of changed circumstances in relation to a business or the relevant business premises, by way of endorsement on the licence concerned amend a condition or impose a condition referred to in subsection (6) (b). |
| (b) |
For the purposes of paragraph (a), a licensing authority may require a licence holder in writing to produce his licence to the licensing authority. |
| (9) |
A licensing authority may at any time, after giving the licence holder concerned a reasonable opportunity to be heard, withdraw or suspend a licence— |
| (a) |
on the ground that the business premises do not comply with a requirement contemplated in subsection (4)(a); |
| (b) |
on the ground that the licence holder failed to produce his licence to the licensing authority within 14 days after the receipt of a written request referred to in subsection (8)(b); |
| (c) |
in the case of a business referred to in item 2 of Schedule 1, if the licensing authority is satisfied that, if application had been made at that time for the licence concerned, the application could have been refused by virtue of subsection (4) (b); |
| (d) |
in the case of a business referred to in item 1(1) or 3(1) of Schedule 1, on the ground that |
| (i) |
any foodstuff sold by the licence holder does not comply with a requirement of a law relating to the health of the public; |
| (ii) |
any apparatus, equipment, storage space, working surface, structure, vehicle, conveyance or any other article or place used for or in connection with the preparation, handling or sale of foodstuffs, does not comply with a requirement of a law relating to the health of the public. |
| (10) |
When a licensing authority decides to refuse an application for a licence, or to grant such an application subject to a condition contemplated in subsection (6)(a), or to issue a licence subject to a condition, or to amend or impose a condition under subsection (8), or to withdraw or suspend a licence, it shall as soon as practicable— |
| (a) |
notify the applicant or licence holder concerned in writing of its decision; |
| (b) |
furnish the applicant or licence holder concerned in writing with the reasons for its decision; |
| (c) |
inform the applicant or licence holder concerned in writing of his right of appeal under section 3. |
| (11) |
The issue of a licence shall not relieve the licence holder of complying with any law or legal requirement in connection with the business or premises concerned. |
Public Service Commission Act, 1997
