9
13
Conditions of registration
(1) If the Minister is required to register an applicant in terms of section 12, the
Minister must further consider the application, relating to the following criteria:
(a) The commitments made by the applicant in terms of black economic
empowerment;
(b) The applicant's proposed contribution to combating alcohol abuse,
including whether the applicant has subscribed to any industry code of
conduct approved by the Minister; and
(c) The extent to which the proposed registration will materially restrict or
promote(i)
new entrants to the liquor industry;
(ii)
job creation within the liquor industry;
(iii)
diversity of ownership within the liquor industry;
(iv)
efficiency of operation of the liquor industry;
(v)
exports; or
(vi)
competition within the liquor industry.
(2) Before proposing any conditions on a registration, the Minister may(a) consult the Competition Commission when considering the matters set out
in subsection (1) (c); and
(b) publish a notice inviting public submissions concerning the application.
(3) The Minister, having regard to the objects and purposes of this Act, the
circumstances of the application, the declared wishes of the applicant in terms of section
11 (1) (b) and the criteria set out in subsection (1), may(a) propose any reasonable and justifiable conditions on the registration of an
applicant who seeks to be registered only as a distributor; or
(b) propose any reasonable and justifiable conditions on the registration of
any other applicant, including but not limited to, conditions that determine
whether, or the extent to which, the applicant may distrib ute liquor to
retail sellers.
(4) In addition to the provisions of subsection (3), if an applicant has a director,
member, trustee, partner or member of its board or executive body who falls in the
category of persons disqualified in terms of section 11 (2), the Minister may propose a
condition designed to prevent that person from exercising any decision- making authority
with respect to the proposed registered activities.
(5) If the Minister proposes conditions on an applicant's registration, the Minister
must inform the applicant of the proposed conditions, and the reasons for them in writing.
(6) An applicant who has received a proposal of conditions may respond to the
Minister within(a) 30 days from the date on which the applicant is informed of the proposal;
or
(b) such longer period as the Minister may permit, on good cause shown.
(7) If an applicant who has received a proposal of conditions(a) consents to the conditions being imposed, the Minister must register the
applicant, subject only to the conditions as proposed; or
(b) does not respond, or responds but does not consent, to the proposed
conditions, the Minister must consider any response submitted by the