The influence of Business Rights or Zoning of a property on a Liquor License Application.
The Land Use Rights of a property plays an important role in your Liquor License Application. Municipality begins with the planning process of land. This result is the Zoning of property, which allows certain uses and prohibits certain uses of such land.
This process regulates the subdivision of land, street plans, plans for public facilities and building regulations. This planning process plan for the construction of schools, roads, sewage, water and electricity supply, policing, fire protection, businesses and other.
Zoning of a property is the regulation put in place to preserve the character of the area and in turn regulate health, safety, welfare, morals, and limit nuisance disturbance to land users. Zoning must promote land use to the best interest of the occupants. It acts as a stabilizing factor in neighborhoods and preserves the character of the community.
The essential purpose of Zoning is to segregate Residential, Agricultural, Commercial (business), and Industrial areas from one another.
Regulations have been put into place to protect residential areas from encroachment by petrol stations, businesses causing a nuisance, factories, liquor outlets, and other disturbances.
Factors taken into consideration are traffic, character of neighborhoods, the fitness of the land involved and influence on property values.
The Zoning of a property regulate, among other things the Nuisance emanating from the use of a property. That is “An unreasonable, unwarranted or illegal use of property that infringes the rights of other people.” Therefore the quiet enjoyment of a person’s property is invaded by a person, causing the nuisance without that individual actually physically invading your property. A nuisance can affect ones health, morals, safety, welfare, comfort or convenience.
It is therefore important to ensure that the proposed property is correctly Zoned for the application of a Liquor License.
If you apply for a liquor license on i.e. a residential zoned property your application may be refused, resulting in a financial loss.
The Municipality also has the right to close down your business if you trade on a premises Zoned for residential.
Before you apply for a Liquor License.
To make sure that the Zoning of the proposed premises does not prohibit the application of a Liquor License, you can apply for a Zoning Certificate at your local Municipality.
Under the Gauteng Liquor Act, the applicant of a Liquor License in Gauteng for a Liquor Store, Pub, Tavern, pool club, and night club must obtain, in writing, a local authority approval to apply for such a liquor license. This is in addition to any Zoning laws.
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