MvL LIQUOR LAW
Martell van Lill's consultancy specializes in
liquor law and is therefore capable
of providing accurate advice and support
providing the best chance of satisfying the
needs of all its clients.
We seek to provide applicants the best chances of success in any application based on our commitment to address the best interest of the public as a main consideration in all applications.
Drafting representations on behalf of license holders
Prepare and submit appeals to the Appeal Tribunal in case of unfavorable LLT decisions.
Firearm Licenses
Adv. Martell
van Lill has been in the field of liquor
regulation since 1993.
He obtained a diploma in policing during the
early 90’s where after he pursued his studies in
law obtaining his LLB degree in 2002.
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Over the past 20 years Martell served as a legal
advisor for the SAPS until 2016 during which he
was very involved in the drafting of National
and Provincial liquor related legislation and
policies.
He was responsible for the
training of designated police officials, law
enforcement officials, municipal officials,
consultants and licensees in all respects of the
liquor licensing process as well as regulation.
His continued engagement with stake
holders in the liquor industry was aimed at
ensuring continued awareness amongst businesses
about the harmful consequences of irresponsible
trading.
During 2016 he was appointed
as a senior manager at the Western Cape Liquor
Authority where he was actively involved in new,
secondary and minor liquor applications.
He was further responsible for the
quality control of all reports submitted to the
Liquor Licensing Tribunal (LLT) and guided by
the decisions of the LLT as well as the Appeal
Tribunal.
Martell represented the Western Cape Liquor Authority at many platforms which included Provincial Liquor Consultant Forums, Local Governments, the National Liquor Regulators Forum, Provincial Liquor Law Enforcement Forum, Provincial Legislative Drafting Committee, etc.
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His extensive knowledge and understanding of the liquor legislation allowed him the opportunity to pursue his own business in providing a service to any prospective and existing license holders provincially and nationally.
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His services are aimed at assisting all retailers, distributors, micro- and macro-manufacturers in the management of their related liquor portfolios.
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The WCL Act determines that licences may only be granted if the existence thereof would be in the public interest. This is a strange concept as one would expect that as long as public interest is not prejudiced, a license may be issued. It is therefore important to note that the onus rests upon an applicant to convince the tribunal that the granting of a license would benefit public interest.
Public interest is not defined in the WCL Act. However, as consultants we are mostly guided by previous decisions by the tribunal and the reasons therefore. Public interest is a very wide concept and is not limited to specific factors. Communities are very diverse and depending on the dinamics of different towns, suburbs or settlements, the tribunal will focus on factors most relevant to such communities.
Since the Covid 19 pandemic, the WCLA adopted a process which allowed the tribunal to consider applications mostly on written submissions. However, the Act allows the tribunal to call on applicants or interested parties to appear in person. It is foreseen that the tribunal will soon revert back to such process in an effort to ensure that a fair process is followed and the rules of fair administrative justice is acknowledged.
Any party who has an interest in the issuing of a licence may either support or object the granting thereof. Public participation is therefore essential. Entities/departments such as the police and municipalities must be served with copies of applications and decisions will not lightly be make without their inputs/recommendations. Other public entities or facilities as well as the general public are invited to provide comments, but in the absence thereof the tribunal may proceed without such comments.
Due to slight changes in legislation, applications can now be considered in a shorter period of time which on average is about 4 months. It must however be noted that many mistakes are being made by applicants during the application process which causes unnecessary delays and even the refusal of applications.
A Constitutional Court decision has confirmed that the selling of liquor from one licensee to another constitutes distribution which is strictly a National Government competency and is therefore regulated ito the National Liquor Act. Distributors therefore must apply to the National Liquor Authority permitting them to distribute liquor. On the other hand, retail is regulated provincially and each province is mandated to establish its own provincial legislation in this regard. Retail is defined as the selling liquor directly to the consumer. Businesses may therefore apply for both national and provincial licenses should they wish to distribute and retail liquor.
Firstly, it is an offence to purchase liquor knowing that such outlet is not licensed. The display of a licence provides comfort to patrons or customers when purchasing liquor at such premises. Secondly, not all law enforcement officials have access to WCLA data. They therefore often rely on the display of a license when attending to matters within their sphere of regulation.
