UNDERSTANDING LIQUOR LICENSING REQUIREMENTS FOR SALONS, SPAS & BEAUTY ESTABLISHMENTS

As part of our ongoing commitment to keeping members informed, compliant, and protected, we want to clarify an important regulatory requirement that affects many salons, spas, and beauty businesses across South Africa: the legal obligation to hold an on consumption liquor licence when offering any alcoholic beverages to clients.

Whether you serve a complimentary glass of wine during a treatment or sell alcoholic beverages as part of your service offering, the law treats both scenarios the same. Understanding this distinction is essential for safeguarding your business and ensuring full compliance with national and provincial legislation.

Why Salons/Spas/Beauty Establishments Need a Liquor Licence, Even for Complimentary Drinks

Under the National Liquor Act 59 of 2003, any business that supplies alcohol for consumption on the premises must hold a valid on consumption liquor licence.

Importantly, the Act makes no distinction between:

• Alcohol sold to clients, and

• Alcohol offered free of charge as part of a service.

A complimentary drink is still considered supply, because it is linked to a commercial transaction the service your client is paying for. This means that even a single free glass of champagne, wine, or beer triggers the licensing requirement.

No Exemptions for Small Quantities or “Free” Drinks

The law does not provide exceptions for:

• Small quantities

• Occasional servings

• Drinks included as part of a pamper package

• “Welcome drinks”

• Seasonal or promotional offerings

If alcohol is consumed on your premises, an on consumption licence is required.

What Happens If You Serve Alcohol Without a Licence

Operating without the correct licence exposes your business to serious legal and financial risks. These may include:

• Fines of up to R100,000

• Criminal charges

• Refusal of future licence applications

• Business closure orders

• Occupational Health & Safety Act implications, especially if a client becomes impaired during a treatment involving chemicals, heat, sharp tools, or equipment

Compliance protects not only your business, but also your staff, clients, and professional reputation.

When a Temporary or Event Licence May Apply

A temporary or event liquor licence may be appropriate only when:

• The event is a once off,

• Not linked to normal business operations, and

• Not part of regular client services.

For example: a private launch party, a once off promotional event, or a closed door celebration. Routine client appointments do not qualify for temporary licensing.

How to Apply for an On Consumption Liquor Licence

Applications are submitted through your provincial liquor authority. While requirements vary slightly by province, most applications require:

• Police clearance

• Zoning approval confirming your premises are permitted for on consumption use

• Floor plans of the premises

• Public notices and community objections process

• Compliance with age verification and intoxication refusal obligations

• Display of licence documentation once approved

Municipal by laws may also impose additional restrictions, particularly for businesses operating near residential areas or within mixed use zones.

Occupational Health and Safety Act (OHS Act)

In terms of General Safety Regulation 2A of the Occupational Health and Safety Act, employers are legally required to ensure that no person who is under the influence of alcohol or any intoxicating substance is allowed to enter or remain in the workplace. The regulation also expressly prohibits the possession, supply, or consumption of intoxicating liquor on workplace premises.

This responsibility applies equally to client-facing events or functions held on the business premises. Employers must take reasonable steps to prevent clients and employees from becoming intoxicated, as impairment can create unsafe conditions and increase the risk of injury. Failure to comply may lead to regulatory fines, criminal charges, or civil claims if harm occurs as a result of intoxication.

Policy and Risk Mitigation Duties

Employers are expected to implement and communicate a clear, comprehensive alcohol policy that addresses the serving of alcohol to clients and staff. Such a policy should outline:

• Limits on alcohol provision

• Monitoring and supervision measures

• Procedures for refusing service

• Rules applicable during working hours and on the premises

To further reduce risk, particularly in environments involving chemicals, heat, sharp tools, or other safety sensitive activities, employers should offer non alcoholic alternatives, ensure adequate food is available, and consider transport arrangements for clients where appropriate.

A failure to manage these risks effectively may expose the employer to vicarious liability if an impaired client or employee causes injury or damage.

Additional Compliance Factors

Liquor licensing laws may apply if serving exceeds private hospitality, requiring permits for commercial premises. Document all servings, consents, and incidents to defend against disputes at CCMA or Labour Court. Train staff on responsible service and impairment signs to fulfil general duty of care under OHS Act section.

What This Means for Our Members

We encourage all members who currently serve, or intend to serve, alcoholic beverages to clients to review their compliance status urgently and check with your local authorities for relevant information and licensing requirements. Offering alcohol without the correct licence, even with the best intentions, places your business at risk.

Our goal is to support you in operating confidently, ethically, and fully within the law. Staying informed is the first step in protecting your business and maintaining the highest professional standards.