South Africa Law

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South Africa Law

I own a bike park. The property belongs to me but is open to…

Customer Question
Hi, I own a...

Hi, I own a bike park. The property belongs to me but is open to the public. There is a cafe at the park. I do not want to have a liquor license but I would like my customers to have access to beers after their ride. Is the following legal: I intend to place a snapscan qr code in my cafe that pays directly into the bank account of a nearby bottle store( off sales license). My customers would then order and pay for their beer which would then be delivered to my premises . Less than 25 litres per person per time and obviously the snapscan would generate a unique purchase event for every person buying beer

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Western cape , South Africa

Lawyer's Assistant: Has anything been filed or reported?

Second to the above : would it also be legal for me to keep 25 litres of my own beer in a fridge at the cafe that people could " borrow" until their ordered beer arrived. Effectively it would be a beer bank..?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I think that is it. Thanks

Submitted: 2 months ago.Category: South Africa Law
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Answered in 14 hours by:
12/1/2017
Lawyer: Freddie Lombard, Attorney replied 2 months ago
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,737
Experience: Practicing attorney and conveyancer with 16 years post article experience.
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Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.

Regards

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Lawyer: Freddie Lombard, Attorney replied 2 months ago

The net effect of what you are planning, sounds a lot like selling liquor without a license, however, technically it is not possible to show that you actually sold any alcohol at all. You did not receive any payment in exchange for beer.

However, you have to also consider the issues of consuming alcohol in a public place. Your bike park is possibly not a public place, but private property.

So, in short, and I must state this - I am not an expert in liquor license matters - your plan sounds good to me (I cannot see anything illegal), however, you might certainly have a hard time when inspectors come asking questions, and they may charge you. So, you have to consider whether this plan is worth the trouble and expense of a criminal trial (if it comes to it) even if you are in the end found not guilty.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further questions here on this topic at no extra cost if you need more information.

Regards

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Customer reply replied 2 months ago
Thanks,
But a general legal opinion is not what I am looking for.
I have read the liquor act. And I am well aware of the technicalities involved. What I am looking for is an opinion from someone who has considerable experience with the South African liquor act.
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Freddie Lombard
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Category: South Africa Law
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Experience: Practicing attorney and conveyancer with 16 years post article experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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