“We are committed to assist you in complying with this national legislation and to run your business successfully and legally. Doing things right is how we will create an inclusive, innovative, inspired Knysna,” said Adonis.
Knysna’s Main Road is lined with an array of businesses. Photo: Blake Linder
Businesses that operate without a valid licence or other relevant documents within the greater Knysna municipal area, now have until 30 November to get their house in order.
In a press release issued last week, Acting Municipal Manager Dawid Adonis said certain businesses are required by law to obtain a licence from their local municipality before they may begin trading.
“There are a number of businesses and home or mobile shops operating in our area without the necessary documentation,” said Adonis. “The Business Act 71 of 1991 identifies those types of businesses that may not trade without obtaining a licence from the municipality. Keep in mind that this licence should not be confused with the trading permits issued by our Local Economic Department, which is a separate document.”
If your business provides foodstuff or services you need to obtain a licence. Examples of businesses that sell or supply meals, take-aways or perishable foodstuff fit for human consumption on or off the premises include, but are not limited to a home or mobile shop; food retailers; restaurants and take-away shops; caterers; wedding venues; and school tuck shops.
Certain businesses in the health and entertainment sector also need to obtain a licence from the municipality to be allowed to operate.
Examples of these are premises that offer Turkish baths, saunas or other types of baths; massages and/or infrared treatment; escort services; premises with three or more mechanical, electronic or electrical devices like coin operated gaming machines; those with three or more snooker or billiard tables; night-clubs or discotheques; and cinemas or theatres. Conducting an adult premise in terms of section 24 of the Films and Publications Act, 1996, also requires a licence.
Hawkers selling food or meals that are taken from one place to another, on a public road or at any other place accessible to the public, or from a movable structure or stationary vehicle are also required to obtain a licence.
Depending on the type of business, there are additional requirements that you may need to comply with. “You may need a Land Use Clearance Certificate, a Population and Clearance Certificate, and a copy of an approved building plan or layout of the interior of your premises and refuse removal area,” Adonis said.
“You may need a Certificate of Occupancy and apply for a Certificate of Acceptability. Adult film business operations must include a certificate or clearance issued by the Film and Publications Board.”
He said if one follows the correct procedures, the process is not as confusing and intimidating as it sounds. “Following the correct procedures makes it easy to obtain your licence.”
Businesses do not have to apply for a new licence every year. You must, however, apply for a new licence if your business moves to a different location. If you decide to sell your business the new owner must apply for a new licence. It is a serious criminal offence to operate a business without the necessary licence and the owner could be liable for a fine of R1 000 or three years in prison.
“We value the contribution that our private business sector makes to our local economy,” Adonis said. “That is why we are committed to assist you in complying with this national legislation and to run your business successfully and legally. We are all still suffering from the economic impact of the global pandemic and we encourage you to make a success of your business. But you need to comply with legislation in order to do so. Doing things right is how we will create an inclusive, innovative, inspired Knysna.”
These are the steps to follow when applying for your business licence:
Complete the L1 business licence application form (L1) which is available at the Solid Waste Office in Clyde Street, Knysna.
Pay the application fee at the Customer Care Centre in Main Road, Knysna.
Submit your completed L1 form and proof of payment along with the following documents:
a copy of the ID of the person whose name will be on the Business Licence;
a copy of your municipal account (proof of business address); and
your postal address (if it is not the same as the business address).
If you rent the premises or property you need to include a copy of the first page of your rental agreement.
You also need a letter of permission for your business to operate from a specific address from the owner of the premises, as well as their contact details.
Your application is then circulated among the relevant departments for their comments and recommendations and follows an internal process. If reports received from the relevant departments indicate that other requirements need to be met, the Department of Community Services will send a notice to the applicant.
The applicant must comply with the requirements and arrange a re-inspection with the officer concerned.
Once all relevant departments have issued a recommendation of approval, your application will be deemed successful and your business licence will be issued.