Free State
South Africa
South Africa
Free State Gambling and Liquor Act, 2010
Act 6 of 2010
- Published in Free State Provincial Gazette 37 on 8 June 2010
- Assented to on 8 June 2010
- Commenced on 11 June 2010 by Free State Gambling and Liquor Act, 2010: Commencement
- [This is the version of this document from 8 June 2010 and includes any amendments published up to 25 March 2024.]
Chapter 1
Definitions, interpretation, objects and application of Act
1. Definitions and interpretation
2. Objects of Act
The objects of this Act are-3. Application of the Act
Subject to the relevant provisions of the National Gambling Act and National Liquor Act, this Act applies to—Chapter 2
Establishment and administration of entity
4. Establishment of entity
5. Powers and functions of the Authority
6. Composition of the board
7. Eligibility to be appointed as member of the board
8. Procedure for appointment
9. Tenure of office
10. Termination of office and filling of vacancies
11. Remuneration and allowances
12. Chief executive officer and other staff
13. Transparency and confidentiality
14. Position of trust
15. Funds of the Authority
16. Financial management of the Authority
17. Meetings of the board
18. Committees of the board
19. Minutes of the board
Minutes of every meeting of the board and its committees must be kept and be retained at the offices of the board.20. Enquiries by the Authority
Chapter 3
Liquor
21. Application of Chapter
Chapter 3 applies only to liquor and methylated spirits.Part 1 – Restrictions
22. Regulation of liquor and methylated spirits
23. Registered activities from registered premises
24. Restrictions regarding employment in liquor industry
25. Advertising restrictions
26. Restriction of supply of liquor or methylated spirits to minor or school going learner
Part 2 – Registration process
27. Registration
28. Determination of application
29. Conditions of registration
30. Certificate, validity and public notice of registration
31. Application procedure for registration
32. Reports on application
33. Objections
34. Response to objections
The applicant must, within a period of 14 days of receipt from the Authority of the objection lodged in terms of section 33, make a written response to the Authority and submit a copy thereof to the objector.35. Hearing of objections
36. Application, registration and renewal fees
37. Variation of conditions of registration
38. Alteration or extension of registered premises
39. Transfer of registration
40. Death, insolvency or incapacity of registered person
41. Removal of registration
42. Cancellation and lapsing of registration
43. Voluntary cancellation
A registrant may cancel the registration by giving the Authority written notice in the prescribed manner and form-44. Cancellation as consequence of liquidation, sequestration, winding-up or death
45. Provincial record of registrations
Part 3 – On-consumption and off-consumption registration
46. Kinds of registration certificates
47. Place for sale of liquor or methylated spirits
A registered person may not sell liquor or methylated spirits at any place other than the registered premises except with the permission of the Authority which permission may be given only for the purposes of special events.48. Times of business
49. Place for on-consumption of liquor
A holder of an on-consumption registration certificate must ensure that liquor sold thereunder be consumed on the registered premises only.50. Accommodation establishment
51. Restaurant
52. Club
53. Tavern
54. Special events
55. Gambling
56. Night club
The holder of a night club registration certificate must at all times maintain on the registered premises, facilities which may include dancing and live entertainment.57. Off-consumption of liquor or methylated spirits
58. Micro-manufacturer
59. Liquor store
60. Grocer's wine
Chapter 4
Gambling
61. Application of Chapter
Chapter 4 applies only to gambling.Part 1 – Licencing
62. National norms and standards
No licence may be granted under this Act unless the Authority takes cognisance of-63. Disqualification for licences in general
64. Kinds of licences
65. Applications
66. Application fees
Any person who submits an application to the Authority under section 65, must-67. Objections
68. Application, objections and public hearings
69. Investigations and police reports
70. Temporary licences in respect of incomplete premises
71. Casino licences
72. Limited gambling machine operator licences
73. Limited gambling machine site licences
74. Bingo operator licences
75. Manufacturer, maintenance or supplier licences
76. Race-meeting licences
77. Totalizator licences
78. Bookmaker's licences
79. Special licences
80. Suspension or revocation of licence
81. Transfer, removal and amendment of licence
Part 2 – Conditions
82. General conditions of licences
83. Electronic monitoring system for gambling machines
84. Financial interests in business of licensee
85. Suitability of third parties
86. Gambling devices
The holder of a casino licence, a bingo operator licence, a gambling machine operator licence or a gambling machine site licence must—87. Books, accounts and records
The holder of a licence must keep such books, accounts and records as may be prescribed, specified in the licence or determined in the rules of the Authority.88. Control of entry to certain premises
The holder of a licence (excluding a manufacturer, maintenance or supplier licence), or an employee of such a licence holder may-89. Excluded persons
90. Advertisement
91. Credit
The holder of a licence (excluding a manufacturer, maintenance or supplier licence), or an employee of such a licence holder, may not extend any credit in any form to any person in connection with or for the purpose of gambling, except as may be prescribed.92. Rules of certain games
93. Assistance to customers
The holder of a licence (excluding a manufacturer, maintenance or supplier licence), must-94. Duration of licence
95. Licence fees
96. Duty to display licence
A licence holder must at all times prominently display his or her licence on the licensed premises.97. Duty to produce licence or certificate
A licence holder, employee of the licence holder or a person acting on behalf of the licence holder must, on demand of an inspector or police officer, produce the relevant licence or certificate of approval referred to in section 102(5).98. Renewal of licence
99. Payment in respect of exclusivity
Part 3 – Employees of gambling businesses
100. Requirement for certain employees
101. Application for certificate
102. Disqualifications for certificates of approval
103. Register of employees
The chief executive officer must keep a register in which he or she must enter the name and prescribed particulars of each person to whom a certificate of approval has been issued under section 102(5), or whose certificate has been suspended or withdrawn under section 106.104. Duration of certificate
105. Renewal of certificate
106. Suspension and withdrawal of certificate
107. Employment before issue of certificate
Notwithstanding the provisions of section 100, where an application for a certificate of approval has been made and the Authority is of the opinion that-108. Restrictions applicable to employees
A person who is required to hold a certificate of approval in terms of section 100(1), may not in a casino or a bingo hall, as the case may be, with which he or she is associated—Chapter 5
Compliance
109. Designation of police officers
110. Powers of police to enter licensed or registered premises
111. Appointment of inspectors by the Authority
112. Powers and functions of inspectors
113. Resistance against entry
114. Procedure to issue warrant
115. Compliance notices
116. Objection to compliance notice
117. Interim orders
Chapter 6
Offences, penalties, presumptions and complaints
Part 1 – Presumptions and prohibitions
118. Prohibition in respect of gambling and presumptions relating thereto
119. Improper use of the word “casino”
No person must, without the written consent of the Authority, trade or conduct or advertise a business under a name or title of which the word “casino” forms a part, unless he or she is the holder of a casino licence.120. Amusement games
121. Prohibition of certain persons from entering licensed premises
122. Prohibition of betting through agents and unlawful inducement to bet
123. Prohibition in respect of manufacture, sale, distribution, import, marketing, altering and modification of gambling equipment and devices
124. Prohibition of activities in the Province in relation to gambling outside Province
A person may not be exempted from liability under any provision of this Act in respect of any act or thing done or authorised or permitted by him to be done in the Province in connection with any gambling, merely by reason that the management, conduct or business of or concerning such gambling is in whole or part carried on at some place outside the Province.125. Cheating and cheating devices
126. Enforceability of gambling debts and forfeiture of unlawful winnings
127. Imputation of criminal liability
Part 2 – Offences, penalties, presumptions and forfeitures
128. Offences
129. Penalties and forfeitures
130. Patron disputes
131. Removal from premises
Part 3 – Complaints
132. Complaints
Chapter 7
Regulations and rules
133. Power to issue regulations
134. Rules
Chapter 8
General
135. Review of decision of the Authority
Decisions of the Authority in terms of this Act are subject to review to the extent provided for, and in accordance with, the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000).136. Financial interests
A contract in terms of which a financial interest is procured in conflict with section 84(1) or (2), is void.137. Relinquishing or forgoing of certain rights, privileges, obligations and liabilities
Unless this Act specifically or by necessary implication permits such a provision, a contract which contains a provision whereby a person purports to relinquish or forgo a right, privilege, obligation or liability in terms of this Act, must be void irrespective of whether the contract was concluded before or after the commencement of this Act.138. Repeal of laws
The laws mentioned in the Schedule are hereby repealed to the extent indicated in the second column of the Schedule.139. Limitation of liability
Neither the State nor any organ of state or person exercising any power or performing any duty in terms of this Act is liable for any loss or damage resulting from an act or omission in good faith in the exercise of such power or the performance of such duty.140. Validity of registration subject to suspension and lapsing thereof
141. Delegation of power and assignment of functions
142. Transitional arrangements
143. Short title and commencement
This Act is called the Free State Gambling and Liquor Act, 2010, and comes into operation on a date to be determined by the Premier by proclamation in the Provincial Gazette.History of this document
11 June 2010
08 June 2010 this version
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Free State Liquor Amendment Regulations, 2010 | Provincial Notice 230 of 2010 |
Free State Liquor Amendment Regulations, 2011 | Provincial Notice 151 of 2011 |
Free State Liquor Amendment Regulations, 2012 | Provincial Notice 111 of 2012 |
Free State Liquor Amendment Regulations, 2013 | Provincial Notice 106 of 2013 |
Free State Liquor Amendment Regulations, 2014 | Provincial Notice 103 of 2014 |
Free State Liquor Amendment Regulations, 2015 | Provincial Notice 159 of 2015 |
Free State Liquor Amendment Regulations, 2016 | Provincial Notice 277 of 2016 |
Free State Liquor Amendment Regulations, 2017 | Provincial Notice 215 of 2017 |
Free State Liquor Amendment Regulations, 2018 | Provincial Notice 112 of 2018 |
Free State Liquor Amendment Regulations, 2019 | Provincial Notice 134 of 2019 |
Free State Liquor Amendment Regulations, 2020 | Provincial Notice 101 of 2019 |
Free State Liquor Amendment Regulations, 2022 | Provincial Notice 5 of 2022 |
Free State Liquor Regulations, 2010 | Provincial Notice 84 of 2010 |
Cited documents 16
Legislation 16
- Civil Union Act, 2006
- Competition Act, 1998
- Constitution of the Republic of South Africa, 1996
- Criminal Procedure Act, 1977
- Customs and Excise Act, 1964
- Labour Relations Act, 1995
- Lotteries Act, 1997
- Mental Health Care Act, 2002
- Prevention and Combating of Corrupt Activities Act, 2004
- Prevention of Organised Crime Act, 1998
- Promotion of Access to Information Act, 2000
- Promotion of Administrative Justice Act, 2000
- Public Audit Act, 2004
- Public Finance Management Act, 1999
- Securities Services Act, 2004
- Skills Development Act, 1998