What does the Liquor Act say about Bring-Your-Own and Corkage?

You have just secured a lease in the perfect location in the hustle and bustle of town. You intend to open a new cosy café where patrons can “wine” down after work and enjoy hearty meals from your renowned in-house chef. You also plan to offer a Bring-Your-Own option.

Opening day is around the corner. You believe the formula to success is simple: wine + dinner = winner.

Then comes an unexpected bump. Your liquor license consultant explains that a new license may take 6 to 8 months.

This raises a key question: What does the law say about BYO (bring your own) and corkage?

The Western Cape Liquor Act (“the Act”) makes it clear. No person may sell liquor without a license issued under the Act. Anyone who sells liquor without one commits an offence.

But if customers bring their own liquor, purchased elsewhere, the Act does not stop them from consuming it on unlicensed premises.

The Act also does not regulate corkage fees. Even without a license, a business may charge a reasonable fee for services related to BYO.

It is fair to conclude that the Western Cape’s popularity with local tourists stems in part from its wine estates, restaurants, and cafés. These venues make the most of the region’s scenery, and quality liquor often plays a central role in that experience.