How to Get a Liquor Licence in Gauteng (2026 Guide)
- Ruan Vd Merwe
- 1 day ago
- 8 min read
By Marius Blom Incorporated | Liquor Law Attorneys, Pretoria
If you are opening a restaurant, bar, bottle store, tavern, or any other business that sells alcohol in Gauteng, you will need a liquor licence before you can legally trade. The process is governed by the Gauteng Liquor Act 2 of 2003 and administered by the Gauteng Liquor Board, which operates through local committees in each metropolitan and district council area, including Tshwane, Johannesburg, Ekurhuleni, Sedibeng, the West Rand, and Metsweding.
This guide explains the full application process, the documents you need, and how long it takes, based on our firm's current experience handling new licence applications across Gauteng.
First: What type of liquor licence do you need?
Before you do anything else, you need to identify the correct type of licence for your business. Getting this wrong at the outset wastes time and money. The Gauteng Liquor Act provides for two broad categories.
On-consumption licences
An on-consumption licence, issued under section 28(1)(a) of the Act, authorises the sale of liquor for consumption exclusively on the licensed premises. Section 51(1) imposes a strict condition in that the licensee must ensure that liquor sold is consumed on-site and not removed. This category covers restaurants, pubs, taverns, hotels, nightclubs, theatres, sports clubs, gaming premises, dance halls, and pool clubs.
If you are opening a restaurant or pub, this is your licence type.
Off-consumption licences
An off-consumption licence under section 28(1)(b) permits the sale of liquor for consumption away from the licensed premises. Section 79(1) strictly prohibits any consumption on the premises itself. This category covers liquor stores, grocers' wine outlets, wholesale dealers, and micro-manufacturers.
If you are opening a bottle store or liquor outlet, this is your licence type.
Discretionary licences
Section 28(1)(c) gives the Gauteng Liquor Board the discretion to grant any other licence that the Board will deem appropriate. This provision exists for unique or hybrid business models that do not fit neatly into the standard on- or off-consumption framework, for example a fitness park with multiple food and beverage areas, or a combined retail and tasting venue. These applications require a particularly persuasive written motivation that convinces the Board of the model's public interest alignment.
The application process — step by step
Step 1: Gather your documents early
Certain documents take weeks to obtain. Start collecting these before anything else.
Police Clearance Certificate. A Police Clearance Certificate is required for every individual applicant. If the applicant is a company or close corporation, a clearance certificate is required for every director, member, and shareholder. Each person must attend their local police station for fingerprinting, then take the fingerprints, original receipt, and a certified copy of their ID to the Criminal Bureau. The application cannot be lodged until this document is in hand.
Municipal Consent Letter. Also referred to as a Section 23(4) letter, this is required if you are applying for a liquor store, pub, tavern, nightclub, or pool parlour licence. It must be obtained from the Town Planning Department of the relevant local municipality and confirm that the proposed premises may be used for the intended business purpose. A fee is payable to the municipality, and without this letter, the application cannot be lodged.
Tax Compliance Status Verification Certificate. This must be obtained from SARS via the e-filing platform. The PIN certificate is no longer accepted. Your bookkeeper or auditor can obtain this on your behalf.
Industry affiliation. You must be affiliated with the Gauteng Liquor Traders Association, or alternatively join the PORADAC Association, a voluntary association recognised under section 38 of the Act. We can arrange PORADAC membership on your behalf.
Step 2: Advertise the application
In terms of section 24 of the Act, every applicant must publish a notice of their application in at least two newspapers circulating in the area where the premises are situated, as well as in the Provincial Gazette. The notice must also be affixed to the premises and publication must occur within seven days before the intended lodgement date.
The notice must include the applicant's full names, intended trading name, ID or registration number, address of the premises, the type of licence applied for, and the names, nature, and distances of educational institutions, similar licensed premises, and places of worship within one kilometre of the premises.
We handle all advertisement preparation and placement on behalf of our clients.
Step 3: Lodge the application
Lodgement of new applications with the Gauteng Liquor Board takes place on the first Friday of every month. To meet this deadline, all prescribed advertisements must be lodged for publication two weeks before the intended lodgement date. This means we require all your documentation by the beginning of the month preceding your intended lodgement month.
Once your documentation is complete and the deposit has been received, we handle the entire lodgement process on your behalf. We prepare and place the prescribed advertisements, compile the full application, and lodge it with the relevant local committee for the district or metropolitan area in which the licence is sought, in terms of section 23(1) of the Act. We then liaise directly with the Gauteng Liquor Board until the matter is finalised.
Step 4: The Board process
After lodgement, the local committee considers the application and makes recommendations to the Gauteng Liquor Board. Any person may lodge an objection within 21 days of the lodgement date. If objections are received, the applicant has seven days to file a written response.
The Board then considers the application and may grant or refuse it. In terms of section 30(2), the Board must be satisfied that the premises are suitable for the purpose of the licence, that the applicant is of good character and otherwise fit to hold the licence, that the granting of the licence is in the public interest, that the licence will not create a harmful monopolistic condition, and that the premises comply with the Act and its regulations.
How long does the process take?
In terms of section 21(1) of the Act, the local committee is required to consider an application within 21 days of receipt, whereafter it is referred to the Gauteng Liquor Board. The Board is then statutorily required to finalise the matter within three months of lodgement.
In practice, however, the Board routinely exceeds this timeframe. Applicants should realistically expect the process to take six to eight months from the date of lodgement, and in some cases longer. Incomplete or incorrectly prepared applications compound delays further, which is one of the primary reasons we recommend using an attorney rather than an unregulated consultant. We monitor the progress of every application and engage directly with the Board where unnecessary delays arise.
The 500-metre proximity rule — what it actually means
One of the most widely misunderstood aspects of Gauteng liquor licence applications is the so-called "500-metre rule." Many applicants, and regrettably even the Gauteng Liquor Board itself, have treated proximity to a school, place of worship, similar licensed premises, or public transport facility as an automatic bar to obtaining a licence. This is legally incorrect.
What section 30(3) actually says
Section 30(3) of the Act states that the Board shall grant an application where the premises are outside the 500-metre radius, provided the other requirements of section 30(2) are met. It says nothing about what must happen when the premises are within the 500-metre radius.
This distinction is critical. The provision creates a mandatory obligation to grant a licence where premises fall outside the radius. It does not create an automatic prohibition where they fall inside it. The Board retains a discretion in such cases and must consider the proximity as a relevant factor in its overall public interest evaluation, but proximity alone is not, and has never been, a lawful reason to refuse an application outright.
What the courts have confirmed
This interpretation has been confirmed by the High Court on multiple occasions. In Caroline Street Liquor Store CC v Gauteng Provincial Liquor Board, Du Plessis J held that section 30(3) does not mean the Board must refuse an application where premises are within 500 metres, only that it may refuse it, exercising a proper discretion based on the facts. In Mobylink Trading CC v Gauteng Provincial Liquor Board, Makgoka J added that where premises fall within the radius, an assumption exists that nearby institutions could be negatively affected, placing a duty on the applicant to show otherwise. This is an evidential burden, not a prohibition.
This interpretation was also set out in a legal opinion by Advocate Steven Budlender as far back as 2011, furnished to the Department responsible for administering the Act.
What this means for your application
If your proposed premises fall within 500 metres of a school, church, or similar institution, your application is not automatically disqualified. It does, however, require a carefully prepared motivation addressing the potential impact on those institutions and demonstrating why the granting of the licence would be in the public interest.
This is precisely the kind of nuanced, evidence-based application preparation that our firm specialises in. We will assess your premises, advise you on the strength of your application, and prepare the necessary motivation to place you in the best possible position before the Board.
The proximity mapping exercise we require from all applicants, including Google maps showing nearby schools, places of worship, and similar licensed premises within a 2-kilometre radius, forms part of this preparation.
Why use an attorney rather than a consultant?
Liquor licence applications in South Africa are largely handled by a mix of attorneys and unregulated consultants. There is an important distinction.
As a law firm governed by the Legal Practice Council, Marius Blom Incorporated provides a legally accountable service. If something goes wrong, whether an incorrect lodgement, a missed deadline, or an objection that needs to be defended, you have recourse under the LPC. Unregulated consultants offer no such protection.
Our firm has assisted hundreds of clients across Gauteng and nationally, including major retail chains, restaurant groups, hotel groups, and individual entrepreneurs. We handle the entire process, from advertisements and preparation through to lodgement, Board liaison, and follow-up, so that you can focus on building your business.
Frequently asked questions
Can I start trading before my liquor licence is granted? No. You may not sell liquor without a valid licence. Trading without a licence is a criminal offence under section 127(a) of the Act, carrying a fine of up to R100 000 or imprisonment of up to 10 years.
What happens if my application is refused? In terms of section 23(3) of the Act, if the Board refuses an application, no new application may be made in respect of the same premises within one year of the refusal date, except by special leave granted at the Board's discretion. It is important to note that the Board cannot change or revisit its own decision. A refusal can, however, be taken on review to the High Court, where the decision will be scrutinised against the requirements of lawful, reasonable, and procedurally fair administrative action. If the Board has acted unlawfully or irrationally in refusing the application, the High Court can set the decision aside and remit the matter for reconsideration. We regularly assist clients in pursuing such reviews.
Does the licence apply to the premises or the person? Both. A liquor licence applies to the specific premises and to the named licensee. If the business is sold, the licence must be formally transferred to the new owner. The new owner may apply for a declaratory court order allowing them to trade during the transfer process, a service our firm regularly provides.
Do I need a manager appointed on the licence? Yes. In terms of section 40 of the Act, any entity other than a natural person, such as a company or CC, must appoint a natural person as manager who is legally responsible for the business. A natural person licensee may also appoint a manager. The manager carries the same obligations and liabilities as the licensee.
What is the renewal deadline for a Gauteng liquor licence? In Gauteng, licences are
renewed annually on the licence anniversary date and not on a fixed calendar deadline as in other provinces. Missing the renewal deadline can result in a 50% surcharge if renewed within one month late, or a 100% surcharge if renewed within two months late. After two months, the licence lapses entirely.
Ready to apply?
If you are ready to begin your liquor licence application, or if you would like advice on the correct licence type for your business, contact Marius Blom Incorporated.
T: 012 004 0244
A: 409 Lea Street, Waterkloof Glen, Pretoria
Marius Blom Incorporated is a regulated law firm governed by the Legal Practice Council of South Africa. Prior results do not guarantee a similar outcome. The information in this article is provided for general guidance purposes only and does not constitute legal advice.
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