Zoning Certificate, Business Rights and Local Authority Authorisation (LAA)
Business Zoning can be broken down into the following:
Business 1 – This zoning is for general business in the form of shopping centers or malls. This category is mostly unrestricted, which means that the developer or owner would be allowed to have almost any type of shop on the premises.
Business 2 – a zoning for a shopping center, but with certain restricted businesses. For example, because of the location or immediate surroundings a restriction may be placed on opening a bottle store, or a pet shop.
Business 3 – a more strict zoning which will not allow a wider variety of businesses to open and operate in the center.
Business 4 – the final zoning category for business, and does not involve shopping centers or malls at all. It provides for office use (with or without residential use) and is typified by the growing number of office parks that one sees in South African urban centers today.
Industrial Zoning is very much part of the business sector however this zoning relates more to factories and other manufacturing and distribution plants.
Industrial 1 – provides zoning for normal factories, warehouses or storage depots.
Industrial 2 – specifically for operations which can involve noxious and/or unpleasant odours and emissions.
Industrial 3 – caters for specific applications such as specialist workshops or mini-factories.
The Land Use Rights of a property plays an important role in your Liquor License Application. A 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 plans 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 one’s 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. It is advisable not to apply for a liquor license if this is not in place.