Minister of Trade and Industry, Rob Davies, gazetted the National Liquor Norms and Standards (“N&S”) in 2015 as he is empowered to do by the National Liquor Act, 59 of 2003.
The new N&S set out various new obligations on liquor licence holders in an attempt to harmonise various provincial laws and set a national standard.
Some salient aspects of the N&S are:
- Secondary supply if of alcohol to persons under the age of 18 is an offence. This includes parents who purchase alcohol for their children.
- While there is no obligation to check each individual’s ID to verify their age, steps must be taken to ensure the age verification of any person who appears to be under the age of 18.
- It is an offense to supply liquor to intoxicated persons. If your patron/customer is already too drunk, you may not sell them more liquor. The N&S offer the following indications to determine intoxication:
- Slurred speech;
- Move in a swaying manner or difficulty walking straight;
- Becoming physically violent;
- Becoming loud, boisterous and disorderly.
Obligations on onsite consumption licensees:
If you own a licenced bar/pub/club/tavern, you are obligated to:
- Provide free drinking water (this can be tap water);
- Ensure the presence of free and easy to access condoms at all times;
- Provide free ablution facilities;
- Make your premises a weapons free environment; and
- Take all reasonable steps to limit noise/land pollution.
The N&S are already in effect and failure to adhere to them could result in a revocation of the establishment’s liquor licence.