12 Duration of licence, fees and penalties
(1) Subject to this Act, a licence issued or renewed in terms of this Act shall be valid up to and including the
31st December of the year for which it is issued or renewed.
(2) There shall be paid to a licensing authority upon the issue or renewal of any licence by that licensing a uthority—
(a) where the licensing authority is a local authority, the fee, if any, fixed by that licensing authority in
terms of section thirteen;
(b) in any other case or where no fee has been fixed by that licensing authority in terms of section thirteen,
the fee specified in the Second Schedule;
and any penalty that may have accrued in terms of subsection (4):
Provided that where a licence is issued in respect of any period commencing after the 30th June in any year,
the fee payable in terms of paragraph ( a) or (b), as the case may be, shall be reduced by one half.
(3) All moneys received in terms of this Act in respect of the payment of the appropriate licence fee or any
pen alty—
(a) by a licensing authority which is a local authority, shall vest in the licensing authority;
(b) by any other licensing authority, shall vest in the Consolidated Revenue Fund and shall be paid over
accordingly by the licensing authority.
(4) Any person who fails to take out or renew a licence within one month of the date on which he becomes
liable to take out or renew the licence shall be liable to a penalty of one-twelfth of the appropriate licence fee for
each month or part thereof which has elapsed since his liability in that regard arose:
Provided that the amount of any penalty which is payable in terms of this subsection in respect of any one
year shall not exceed the appropriate licence fee concerned.
[Subsection as amended by section 4 of Act No. 22 of 2001]
(5) The payment by any person of any penalty referred to in subsection (4) shall not relieve him of any other
liability he may incur for the failure to take out or renew a licence nor shall the imposition of any penalty for such
other liability relieve him of the obligation to pay the penalty referred to in subsection (4).
(6) Upon the conviction of any person for a contravention of section four or five, the court may, in addition to
any other penalty which it may impose therefore, order the person convicted to pay any outstanding appropriate
licence fee or penalty that has accrued and such order shall have the effect of a civil judgment in favour of —
(a) where the licensing authority concerned is a local authority, the local authority;
(b) in any other case, the Minister;
and may be enforced as such in any court of competent jurisdiction.
13 Fixing of fees
(1) Subject to this section, a licensing authority which is a local authority may, by notice in a statutory published by the Minister, fix the fees payable for any licence issued or renewed by that licensing authority for the
period ending 31st December of the year for which it is issued or renewed:
Provided that the licensing authority may not—
(a) fix a fee which is less than the relevant fee specified in the Second Schedule; or
(b) fix a fee which exceeds the relevant fee specified in the Second Schedule by more than fifty per cen tum
thereof without the approval of the Minister; or
(c) fix different fees for different classes of businesses, premises or vending machines otherwise than on the
basis specified in the Second Schedule, save that the ratio between the fees specified in the Second
Schedule need not be maintained.
(2) Before the publication of the statutory instrument in terms of subsection (1), the licensing authority concerned shall—
(a) cause a notice setting out the fee proposed to be fixed to be published in two consecutive issues of a
newspaper circulating in the licensing area of the licensing authority and calling for any objections to
the proposal to be lodged in writing with the licensing authority within fourteen days of the last publication of such notice; and
(b) consider any objection lodged in terms of paragraph (a):
Provided that, if a licensing authority having published a notice in terms of this section determines for any
reason to reduce the fee proposed to be fixed, it shall not be necessary to publish a further notice in terms of this
subsection setting out the fee as so altered.
14 Publication of application and lodging of objections
(1) Every applicant for the issue of a new licence shall, in terms of subsection (2), publish in a newspaper
circulating in the licensing area of the licensing authority to which application will be made two notices in the
prescribed form, if any, of his intention to make the application.