Underage Liquor Sales – what does the Liquor Act say

Underage liquor sales are strictly prohibited in South Africa. The law makes it clear that no one may sell liquor to a person under the age of eighteen (18) years. The Western Cape Liquor Act goes further. It states that a license holder may not allow a person under 18 into any part of licensed premises where entry is not allowed under the Act or the liquor license conditions. If a license holder breaks this rule, they commit an offence.

The Act introduces the concept of a restricted area. It places a direct duty on license holders to stop persons under 18 from entering these spaces.

Restricted areas include:

• Any room or place on licensed premises where liquor is sold over a counter, such as a bar area.
• Premises licensed for liquor sales for off-site consumption, such as a liquor store.

The line between a bar and a liquor store is not always clear today. Tourist spots like farm stalls or curio shops often sell wine, spirits, or beer. These areas also count as restricted areas. Large restaurants with separate rooms create the same issue if one room has a bar counter where patrons order liquor.

This raises the question: should a license holder stop persons under 18 from entering these areas? The Act provides exemptions, although many license holders do not know about them.

The first exemption applies to bar areas with tables where meals are served. In this case, the bar area does not qualify as a restricted area. Persons under 18 may enter to eat, with or without adult supervision.

The second exemption covers off-consumption premises. If the premises mainly operates as a retail food store, it does not qualify as a restricted area. A retail food store primarily sells groceries and foodstuffs. This exemption allows persons under 18 to walk through supermarkets, farm stalls, or curio shops that mainly sell food, even when liquor is also available.

Another rule allows persons under 18 to enter an off-consumption premises like a liquor store if they go with a parent, guardian, or an adult who has consent from a parent or guardian.

The Act does not cover curio or speciality shops that sell liquor along with clothes, art, or crafts. These shops do not qualify as retail food stores. In these cases, the license holder must stop unsupervised persons under 18 from entering.

Finally, any bar, pub, shop, or store that qualifies as a restricted area must display proper signage to show this status.