Protection of Businesses Act, 1978
R 385
Liquor Act, 2003 (Act No. 59 of 2003)Chapter 3 : Registration as Manufacturer and Distributor13. Conditions of registration |
| (1) | If the Minister is required to register an applicant in terms of section 12, the Minister must further consider the application, relating to the following criteria: |
| (a) | The commitments made by the applicant in terms of black economic empowerment; |
| (b) | The applicant’s proposed contribution to combating alcohol abuse, including whether the applicant has subscribed to any industry code of conduct approved by the Minister; and |
| (c) | The extent to which the proposed registration will materially restrict or promote— |
| (i) | new entrants to the liquor industry: |
| (ii) | job creation within the liquor industry; |
| (iii) | diversity of ownership within the liquor industry; |
| (iv) | efficiency of operation of the liquor industry: |
| (v) | exports; or |
| (vi) | competition within the liquor industry. |
| (2) | Before proposing any conditions on a registration, the Minister may— |
| (a) | consult the Competition Commission when considering the matters set out in subsection (1)(c); and |
| (b) | publish a notice inviting public submissions concerning the application. |
| (3) | The Minister, having regard to the objects and purposes of this Act, the circumstances of the application, the declared wishes of the applicant in terms of section 11(1)(b) and the criteria set out in subsection (1), may— |
| (a) | propose any reasonable and justifiable conditions on the registration of an applicant who seeks to be registered only as a distributor; or |
| (b) | propose any reasonable and justifiable conditions on the registration of any other applicant, including but not limited to, conditions that determine whether, or the extent to which, the applicant may distribute liquor to retail sellers. |
| (4) | In addition to the provisions of subsection (3), if an applicant has a director, member, trustee, partner or member of its board or executive body who falls in the category of persons disqualified in terms of section 11(2), the Minister may propose a condition designed to prevent that person from exercising any decision-making authority with respect to the proposed registered activities. |
| (5) | If the Minister proposes conditions on an applicant’s registration, the Minister must inform the applicant of the proposed conditions, and the reasons for them in writing. |
| (6) | An applicant who has received a proposal of conditions may respond to the Minister within— |
| (a) | 30 days from the date on which the applicant is informed of the proposal; or |
| (b) | such longer period as the Minister may permit, on good cause shown. |
| (7) | If an applicant who has received a proposal of conditions— |
| (a) | consents to the conditions being imposed, the Minister must register the applicant, subject only to the conditions as proposed; or |
| (b) | does not respond, or responds but does not consent, to the proposed conditions, the Minister must consider any response submitted by the applicant and may— |
| (i) | refuse to register the applicant, if it has not responded; or |
| (ii) | finally determine the conditions to be imposed, and register the applicant. |
| (8) | The Minister must— |
| (a) | inform an applicant in writing of a decision in terms of subsection (7); and |
| (b) | provide written reasons for that decision if— |
| (i) | the Minister has refused to register the applicant; or |
| (ii) | the Minister has amended a previously proposed condition. |
