How To Establish A Restaurant, Eating House or Tavern
A restaurant or other eating house is a business that concentrates on selling meals and may or may not be licenced to sell liquor for consumption on the premises. A tavern, on the other hand, is primarily licenced to sell liquor for consumption on the premises and it may or may not also serve meals.
LAND AND PLANNING ISSUES
Discuss with TKZN whether you have enough space to cope with the number of people you wish to accommodate.
Your Local Municipality or District Municipality can advise on the parking requirements for your type of activity.
The following questions should be asked:
• Is the site you have chosen quiet enough for people to eat or drink undisturbed?
• Are the streets surrounding you well-kept and maintained?
• If liquor is to be sold in the establishment, is the site likely to disturb neighbouring establishments?
• In the case of eating houses that provide live entertainment, it may be necessary to obtain the consent of neighbours
for the opening hours of the establishment.
Ensure that your site is easy to get to and easily found by the general public. Also ensure that is it within access of private and public transport.
The Local Municipality has controls for the erection of any signs. If new access onto streets is needed, the Local Municipality will usually construct them at the cost of the developer. Permission must be obtained from the Department of Transport to construct new access points onto main roads outside the Local Municipal areas.
A restaurant or other eating house is a business that concentrates on selling meals and may or may not be licensed to sell liquor for consumption on the premises. A tavern, on the other hand, is primarily licensed to sell liquor for consumption on the premises and it may or may not also serve meals.
• Land Use Zoning – Approach the Local Municipality to establish whether the Town Planning Scheme permits your chosen business activity on the site you have selected. The establishment of a new enterprise in which the present use is substantially changed may require a scoping report to be prepared in terms of the National Environmental Management Act (107 of 1998). The Provincial Department of Agriculture, Environmental Affairs and Rural Development should be consulted in this regard;
• Licensing and Registration – Approach the District Municipality to register your business. For the sale of perishable food, a trading licence must be purchased from the Business Licensing Department of the Local Municipality at a cost of R200. If liquor is to be sold on the establishment, application must be made to the Liquor Board for a liquor licence in terms of the Liquor Act (27 of 1989). For further information on the application for and issue of licences, consult the Liquor Act, a copy of which may be obtained from the Liquor Board at the Department of Economic Development and Tourism;
• Regulations and By-Laws – Your application for a trading licence will be circulated by the Local Municipality to the health, fire and building inspectors, the Town Planning Department, and in some cases, the Development Services Board (DSB). These bodies will ensure that your plans comply with their regulations before the application can be approved. The necessity to apply for a liquor licence has already been dealt with under Licensing and Registration;
• Other Legal Requirements – If the property is being leased, the Local Municipality will require a letter of consent
from the owner, giving permission to the lessee to trade from the property;
• Road Signs need approval from – Department of Transport for national roads, Facility Signs Committee in the
Provincial Department of Transport for secondary roads, Local Municipal Engineer for local roads in Local Municipality
• Policy – TKZN and the Department of Arts, Culture and Tourism should be consulted for:
• Updates on policy;
• Business issues;
• Structure of your business.
You may be registered as a Sole Proprietor, or your business may be registered as a (Pty) Ltd Company, or Close Corporation (CC). Chambers of Commerce are a good contact through which to obtain details of organisations that can give advice on the structuring of your business. Advice may also be obtained from Business Advice Centres.
LIST OF USEFUL CONTACTS
• Business Advice Centres:
Durban: (031) 903 3342
Pietermaritzburg: (033) 345 4604
• Business Partners Limited:
Durban: (031) 266 7130
Richards Bay: (035) 789 7301
• Department of Economic Development, Tourism and Environmental Affairs
(EDTEA): (033) 264 2500
• Department of Agriculture and
Rural Development (DARD):
(033) 355 9690
• Department of Trade and Industry:
(012) 322 7677
• KZN Regional office: (031) 305 3389
• Durban Chamber of Commerce and Industry
(031) 335 1000
• Federated Hospitality Association of South Africa
(FEDHASA): (031) 301 5385
• Ithala Development Finance Corporation Limited:
(031) 907 8911
• South African Tourism (SA Tourism):
(011) 895 3000
• Southern Africa Touristm Services Association (SATSA): (031) 261 2525/(011) 463 6559
• Tourism KwaZulu-Natal (TKZN):
(031) 366 7500