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WC liquor board could be dragged to Consumer Tribunal over licence fee refunds

18 January 2021 4:23 PM
Tags:
Liquor licence
Consumer Protection Act
Western Cape Liquor Authority
National Consumer Tribunal
Trudie Broekmann
consumer protection

The Western Cape Liquor Authority (WCLA) has refused to offer rebates to liquor licence holders and the matter could be heard before the National Consumer Tribunal.

Consumer lawyer Trudie Broekmann says she's consulting with a colleague to take action against the WCLA.

The attorney plans to represent a number of clients who want a rebate on liquor licences fees due to a series of alcohol bans implemented since March 2020.

Broekmann says Section 48 of the Consumer Protection Act (CPA) has a provision for fair and reasonable treatment which should be applied in this case.

For the time that you are unable to make use of your licence, of course, you must get a rebate.

Trudie Broekmann, Attorney - Trudie Broekmann Attorneys

The CPA entitles a business that has a turnover and asset value of under R2 million to make use of all the remedies in the Act vis-à-vis the state.

Trudie Broekmann, Attorney - Trudie Broekmann Attorneys

That entitles them to fair, reasonable, and just treatment and that must translate into the possibility of claiming back a pro-rata refund of your liquor licence fees, both for 2020 and for 2021, and we really hope that won't be necessary in 2022.

Trudie Broekmann, Attorney - Trudie Broekmann Attorneys

The reason that a restauranteur pays for a liquor licence isn't out of charitable heart wishing to combat alcoholism in the Western Cape... They pay that licence fee because it is a type of tax and they are obliged to pay that in order to be able to sell alcohol in their business.

Trudie Broekmann, Attorney - Trudie Broekmann Attorneys

Listen to the discussion on Afternoon Drive with John Maytham:




18 January 2021 4:23 PM
Tags:
Liquor licence
Consumer Protection Act
Western Cape Liquor Authority
National Consumer Tribunal
Trudie Broekmann
consumer protection

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