1. Amendments to the Liquor Bill, 2003
Portfolio Committee on Trade and Industry
Cape Town
20 August 2003

2. Objective of the presentation
To present further changes made after last discussion with Portfolio Committee

3. Issues raised by Portfolio Committee
Definition of person
Treatment of methylated spirits
Explicit provision for community participation
Treatment of concoctions
Reference to Income Tax Act
Parents giving minors liquor
Reference financial interest in s13
Powers for provincial inspectors
Transitional retail rights for manufacturers

4. Proposed changes
Definition of “person” included, and definition of “firm” deleted; “person” includes trusts;
Provisions regarding methylated spirits taken over from Liquor Act; only law that regulates it; as people drink this substance, there is a need to regulate it, but sections regarding retail have been deleted (transitional provisions for provinces in norms and standards);
Public participation included in objects
Definition of “impotable” included
Reference to Income Tax Act clarified – does not create a loophole
References to parents and guardians deleted
Reference to financial interest deleted
Transitional retail rights rephrased

5. Additional changes proposed
At last meeting, dti indicated that further inputs had been received from industry
After consideration, a few additional changes are therefore proposed
Ss 4(3) and (5) – inclusion of importation of liquor and its distribution to the extent permitted by the Minister for manufacturers and micro-manufacturers
S 4(8) – introduction of a section that deals with the sale by retailers to persons wishing to re-sell (issue raised by Committee); retailers not responsible if no knowledge and if no intention to distribute
S4(9) – explicit provision that this Bill does not limit any rights that a manufacturer or distributor may have in terms of provincial legislation
S24 – removal of restriction on powers for review and appeal with respect to regulations in terms of Administrative Justice Act and also introduction of a similar provision in other areas
Small technical changes made

6. Questions and clarification