Why the law proposed to hold bar owners liable for drunks may not work

Liquor outlet owners may soon be held responsible for the behaviour of their inebriated patrons, even once they leave their premises.

With South Africa placing in the world’s top 5 when it comes to alcohol abuse, the Department of Trade and Industry has taken the debate to the public, starting with its proposed legislation.

(Also read our article: Deadline for public comment on proposed national liquor law changes looms)

CapeTalk presenter Kieno Kammies spoke with Leon Louw, Director of the Free Market Foundation about the flaws in the proposed legislation.

According Louw, the draft legislation has several impractical limitations.

The idea of vicarious liability exists in our law. Secondly, even the police are unable to conduct the precursor tests to assess intoxication. The law doesn't say that we may not serve liquor to drunk people. It holds owners liable if they serve them liquor and, thereafter, they to do something wrong.

Leon Louw, Director of the Free Market Foundation

The draft National Liquor Policy proposes that:

  • The availability of liquor be reduced by regulating days and hours when liquor sales will be permitted in accordance with the National Liquor Norms and Standards;

  • The national minimum legal age at which alcohol can be purchased and consumed be raised from 18 to twenty one 21 years;

  • Liquor premises be located at least 500 meters away from schools, places of worship; recreation facilities, rehabilitation or retreat centres, residential areas and public institutions;

  • The Minister of Trade and Industry determine the restrictions and parameters for advertising and marketing of liquor products. This includes the restriction of advertisement of the alcoholic beverages, prohibitions of sponsorship and promotion associated with alcoholic beverages;

The proposed legislation closes for public review on 13 August 2015.

For more information on how to comment on the National Liquor policy visit the Government website.

Listen to the full conversation from CapeTalk's Breakfast with Kieno Kammies:


Read More
'Accounting irregularities for who? Fraud is what it is, Steinhoff!'

'Accounting irregularities for who? Fraud is what it is, Steinhoff!'

Financial Mail Deputy Editor Sikonathi Mantshantsha says the directors of Steinhoff need to come clean and call a spade a spade.

Diversity in sports: Women in male dominated fields

Diversity in sports: Women in male dominated fields

John Maytham speaks to a female rugby reporter about the challenges she is facing in an industry dominated by men.

Helen Suzman Foundation explains legal challenge to Eskom contracts

Helen Suzman Foundation explains legal challenge to Eskom contracts

Helen Suzman and Sygnia will ask the court to set aside contracts they believe to be unlawful and corrupt in Eskom.

LISTEN: Father of drowned toddler speaks of dangers and heartbreak

LISTEN: Father of drowned toddler speaks of dangers and heartbreak

Connor Weber, fell unnoticed into a bin of water and drowned.

ISS on Russian influence on ANC and could a Cyril win prevent another downgrade?

ISS on Russian influence on ANC and could a Cyril win prevent another downgrade?

Dr Jakkie Cilliers says if Cyril Ramaphosa wins the elections, he could avoid a downgrade by recalling Jacob Zuma in January.

Deadline for public comment on proposed national liquor law changes looms

Deadline for public comment on proposed national liquor law changes looms

We explore the Department of Trade and Industry’s draft National Liquor Policy and outline its purpose with relevant stakeholders.

Popular articles
Dr Mbuyiseni Ndlozi opens up about his thesis

Dr Mbuyiseni Ndlozi opens up about his thesis

Ndlozi explains the significance of the the first chapter of his thesis: 'Trauma in the archives'.

German prosecutors probing Steinhoff CEO Markus Jooste (for accounting fraud)

German prosecutors probing Steinhoff CEO Markus Jooste (for accounting fraud)

The Money Show’s Bruce Whitfield interviews Steinhoff International Chairperson Christo Wiese.

So what exactly is radical economic transformation?

So what exactly is radical economic transformation?

Wits associate professor of economics Christopher Malikane speaks to Azania Mosaka about the term that is being bandied about.

Is it normal to have a curved penis? Dr Shingai explains

Is it normal to have a curved penis? Dr Shingai explains

Urologist Dr Shingai Mutambirwa says penile curvature is only a concern if it impedes a man's ability to have penetrative sex.

Who is Advocate Tembeka Ngcukaitobi?

Who is Advocate Tembeka Ngcukaitobi?

The EFF lawyer stole the show during the state capture report court battle.

3 easy questions could bag you R2000!

3 easy questions could bag you R2000!

WIN R2000! But only if you can prove you're a whiz of the MTN Biz Quiz by answering the following three questions...

Blesserfinder: Matching you with a sugar daddy near you

Blesserfinder: Matching you with a sugar daddy near you

Is social trend Blesserfinder, where girls are allegedly matching up with rich 'benefactors' in exchange for sex, a real thing?