Error in Western Cape Act causes problems for wine tastings.

An error in the Western Cape Liquor Act is causing problems for wine tastings at wineries across the province.

Recently, SAPS Liquor Officers and inspectors from the Western Cape Liquor Authority told tasting room staff their licenses don’t allow tastings or on-site consumption.

Even long-established wineries that have offered tastings for decades now face challenges.

Before 2012, the Liquor Act of 1989 regulated the manufacture, sale, and consumption of wine.

Under that Act, wineries held either a producer’s license or a special off-consumption license.

A winery with a producer’s license could only use estate-grown grapes.

A winery with a special off-consumption license could also use bought-in grapes.

In 2012, the Western Cape Liquor Act replaced these licenses with a single option: the micro-manufacturer’s on- and off-consumption license.

This license allows wineries to use both estate and bought-in grapes. It also allows them to sell to supermarkets, liquor stores, restaurants, and hotels.

Wineries can also sell directly to the public. Customers may take wine away (off-consumption) or enjoy it on-site (on-consumption).

This license gives wineries the right to host tastings, charge tasting fees, and serve wine with meals or snacks.

The 1989 Act worked differently. It only allowed tastings if officials gave separate approval, and tastings had to be free.

Lawmakers made a mistake when drafting the new Act.

The conversion schedule wrongly described the replacement license as a “micro-manufacturer’s off-consumption license.”

The Act never created that type of license. It only provides for the on- and off-consumption license.

Lawmakers cannot convert a license into one that doesn’t exist.

Despite this, officials updating records after 2012 made the error anyway. They listed producer’s and special licenses as “micro-manufacturer’s off-consumption licenses.”

Renewal notices still carry this wrong wording. As a result, inspectors and SAPS officers assume wineries cannot host tastings or allow on-site consumption.

The problem grows because some old 1989 licenses still say tastings must be free.

That rule no longer applies. The current license clearly allows wineries to charge for tastings.

We informed the committee that is drafting amendments to the Act. They plan to fix the mistake when they release the amendments for public comment.