PREGNANT WOMEN AND BEE NEW TARGETS IN GAUTENG DRAFT LIQUOR BILL
Copies of the long awaited update to Gauteng liquor legislation are now circulating prior to public comment. While much remains the same as in the older law, in terms of the proposed new regulations the provincial government will be tightening up on the BEE credentials of license applicants and attempting to reduce the abuse of alcohol by individuals, pregnant women notable among them.
Pregnant women in this province are in for a surprise next time they stop off to buy a bottle of champagne. In terms of Section 53 (1) of the draft bill to replace the Gauteng Liquor Act, Act 2 of 2003, the Gauteng Liquor Bill of 2012 declares that a liquor licensee may not "sell, supply or give liquor to minors, anyone wearing a school uniform, anyone who appears intoxicated, or "a pregnant woman" ( 1.d). Actuated no doubt by the real concerns around foetal alcohol syndrome, this provision is likely to have all sorts of unanticipated consequences in the law courts.
When it comes to BEE, Section 17 in the draft Bill includes in the list of requirements for a liquor license application (17 (k)) the "BEE or BEE status of the applicant", and allows the MEC for Economic Development in Gauteng to "issue Regulations directing that all applicants must meet a certain BBBEE status within a determined period of time". (17 (l)). In addition the Liquor Board in considering applications (Section 17.1) must in terms of clause g) take into account not just the proximity of the proposed liquor outlet to "educational institutions, places of worship, public transport and other liquor outlets", and the local ratios of population to existing liquor outlets, but also (g.vi) "the applicants commitment to Black Economic Empowerment".
Partly this reflects concerns regarding the central role shebeens have played as one of the few avenues of black entrepreneurship in the township. It may also reflect the incompetence of the Gauteng's legal advisers, which is legendary. But it also reflects a real desire to clamp down on substance abuse, tightening up on the responsibility of liquor outlet owners and managers to ascertain the age of their customers, not to serve drunken customers, and to be held legally liable for these.
The powers of Inspectors are also strengthened, including changing their status to that of peace officers akin to the police, hitherto regarded as uninformed about or even complicit in violations of liquor laws and by laws.