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File Photo - Confiscating a couple's house in Athlone was the only way of shutting down a shebeen, the Constitutional Court heard on Thursday. The circumstances of the children whose parents ran the shebeen from home should be a priority in reviewing the State's seizure of their house, the Constitutional Court heard on Thursday. Photo: Henk Kruger.
Parts of the draft Gauteng Liquor Bill could be difficult to enforce, the Industry Association for Responsible Alcohol Use (ARA) said on Monday.
A prohibition on selling alcohol to pregnant women showed commitment to the prevention of foetal alcohol syndrome, but could prove difficult in practice, said ARA director Adrian Botha.
“While the intentions behind the legislation are good, it presents a difficulty for the seller: how do they know if a woman is pregnant?”
Many women did not appear pregnant until the third trimester.
According to a section of the draft legislation, a licensed liquor trader will not be allowed to sell, supply or give alcohol to minors, anyone wearing a school uniform, anyone who “reasonably appears to be intoxicated”, or pregnant women.
The draft bill also makes no distinction between on-premise consumption and off-premise sales of alcohol.
“(According to the draft) pregnant women will not be allowed to buy a bottle of wine for her family and friends to drink at home,” said Botha.
Earlier, DA spokesman Gavin Lewis said that the bill would conflict with the Constitution and gender equity regulations.
Botha said there were references in the draft legislation to the possible introduction of specified times and days when alcohol sales would be prohibited.
If unreasonable, such restrictions could lead to an increase in unlicensed liquor sellers.
According to the draft legislation, a licence application must be accompanied by the broad-based black economic empowerment (BBBEE) or status of the applicant, indicating their shareholding, member’s interest or partnership structure.
It states that the MEC may issue regulations directing that all applicants must meet a certain BBBEE status within a determined period.
Lewis said these provisions could add to the burden of small businesses, which would likely find it more difficult to implement than big industries.
Despite these concerns, Lewis said the bill did indicate “a real desire to clamp down on substance abuse” and tighten the responsibilities of liquor outlets. – Sapa
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paul, wrote
this is unfiar to those small businisses because this is what they depend on.If you want it to work then give jobs
CigarettesKill2, wrote
The Utha Fella, wrote
With all the unhealthy fat women in Cape Town this will definitely be hard to enforce even after 4Months lol No offence but Western Cape has the big bellie women that just look pregnant if they dressed wrong to a pud lol
ian, wrote
Anonymous, wrote
What a joke, how are you going to know if a woman is pregnant? even if she has a massive bump she can still act insulted and could possibly lay a charge of discrimination against the person surely?
Alwyn, wrote
Working examples of when the bill will suck! So husband is stuck in traffic, and asks pregnant wife to go to the store to go buy some drinks and food for the get-together tonight. Wife doesn't drink since she's pregnant, but is more than happy to help her man out. She gets to the store and the store clerk tells her that he's not allowed to sell her alcohol. She explains her situation however the clerk responds that he can get into trouble and it's against the law. You can replace the husband in that example with one of her friends, or a family member, it's the same thing. Pregnant women won't even be able to help their friends family out if they need something but can't make it in time. would they then require written confirmation that the booze they are buying is not for them? This is just silly.
bobsled, wrote
I can just imagine a fat woman, who has been mistakenly identified as being pregnant, slapping the s**t out of the bottle store owner.
Kyle, wrote
Good intention! Is there not enough work for the police though, i mean, it is a full time job soliciting bribes, raping woman and shooting innocents...the SAPS are far too busy to be handling anything they cannot profit from!
colleen, wrote
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