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Licensing law in Johannesburg, South Africa primarily revolves around business licensing, which is a form of legal approval given by a governmental body to an individual or corporation to carry out various commercial activities. This can apply to a wide range of businesses including food establishments, liquor stores, private security companies, entertainment venues and more. The licensing process and laws are governed by regional and national legislation, predominantly the Business Act of 1991. Understanding and complying with Licensing laws are crucial in maintaining a legal and operational business.
Due to the intricate nature of South African licensing laws and the dire consequences of non-compliance, it is often recommended to seek legal advice. You might need a licensing lawyer when starting a new business or modifying current business activities. Disputes related to licensing laws, concerns about compliance, and instances where your existing license is threatened to be revoked also require legal attention. Lawyers can guide you through the application process, ensure your business abides by all necessary regulations, and provide representation if disagreements or litigation arise.
The key law guiding licensing in Johannesburg is the Business Act No. 71 of 1991, which outlines which businesses require licenses and the process to obtain them. Further, the Gauteng Liquor Act 2 of 2003 may apply if your business deals with liquor. For businesses in certain industries such as TV and broadcasting, compliance with the Independent Communications Authority of South Africa (ICASA) is essential. Changes to these laws occur frequently and compliance is strictly enforced, so understanding current local laws is critical.
1. How long does it take to get a business license in Johannesburg?
Although the time frame can vary, the process generally takes between 6 to 8 weeks.
2. Can I operate my business without a license?
No, operating a business without a requisite license is considered illegal and is subjected to fines and legal actions.
3. Is my business required to be licensed?
This depends on the nature and extent of your business. It's best to consult with a lawyer in order to evaluate the licensing requirements for your business.
4. Can a previously declined application affect my future applications?
Yes, the reason for previous refusal may affect the future applications unless the issues are addressed and resolved.
5. Can a business license be transferred?
This depends on the type of license, but many licenses are non-transferable and require a new application when ownership changes.
Several governmental bodies can serve as a resource in understanding the laws and processes, such as the Gauteng Liquor Board for liquor licenses and the Independent Communications Authority of South Africa for broadcasting licenses. The City of Johannesburg's official website also gives valuable insights about different licensing requirements.
If you require legal assistance for licensing in Johannesburg, it is recommended to consult with a lawyer specialised in licensing laws. They can guide you through the licensing process, make sure your business is legally compliant and provide representation during disputes or legal matters that may arise.
