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Legislation and Business Regulation

 

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National Liquor Authority (NLA) Practice Note 2 of 2015
 

Background

The Liquor Act of 2003 (Act 59 of 2003) makes it a requirement to comply with the Broad-Based Black Economic Empowerment Act, 2003 (B-BBEE Act 53 of 2003) when applying for a liquor registration certificate. Every applicant or registrant is required in terms of Act 59 of 2003 to comply with BEE Codes of Good Practice.

Section 10 of B-BBEE Act 53 of 2003 provides that: Every organ of the state and public entity must take into account and as far as reasonably apply any relevant code of good practice issued in terms of the Act,

(a) In determining the qualification criteria for the issuing of licenses, concessions or any other authorizations in terms of any law.

The Liquor Amendment Regulations of 2013 (Liquor Regulations) published in December 2013 also requires that the applicant/ registrant, when lodging a new application or filing of annual renewal should file the B-BBEE verification certificate when they have a turnover of less than R10 million in order for NLA to process the application.

Liquor Regulation 13(5) (e) (ii) provides for the submission of verification certificates issued in terms of the Broad Based Black Empowerment Act, 2003 (Act 53 of 2003) as amended.

The 2013 B-BBEE Codes of Good Practice apply to the following Enterprises viz:

1) Generic Enterprises (GE),
2) Qualifying Small Enterprises (QSE) and
3) Exempted Micro-Enterprises (EME).