Licensing Of Spaza Shops, House Shops and other Food Premises
All businesses mentioned below or who conduct businesses as below must apply for a business licence:
1. Sale or supply of meals or perishable foodstuffs
The carrying on of business by the sale or supply to consumers of –
β’ any foodstuff in the form of meals for consumption on or off the business premisesΝΎ or
β’ any perishable foodstuffs.
2. Health Establishments
The carrying on of business by
β’ providing Turkish baths, saunas or other health bathsΝΎ
β’ providing massage or infrared treatmentΝΎ
β’ making the services of an escort, whether male or female, available to any other person.
3. Entertainment
The carrying on of business by
β’ keeping three or more mechanical, electronic, or electrical contrivances, instruments, apparatus or devices which are designed or used for the purpose of the playing of any game or for the purpose of recreation or amusement, and the operation which involves the payment of any valuable consideration, either by the insertion of a coin, token coin or disc therein or in an appliance attached thereto or in any other mannerΝΎ
ο§ keeping three or more snooker or billiard tablesΝΎ
ο§ keeping or conducting a night club or discothequeΝΎ
ο§ keeping or conducting a cinema or theatre.
4. Hawking in meals or perishable foodstuffs
The carrying on of business, whether as principal, employee or agent, by selling any foodstuff in the form of meals or any perishable foodstuff
β’ which is conveyed from place to place, whether by vehicle or otherwiseΝΎ
β’ on a public road or at any other place accessible to the publicΝΎ or
β’ in, on or from a movable structure or stationery vehicleΝΎ unless the business is conveyed by a licence for a business referred to in item 1 of this Schedule
HOW TO APPLY FOR A BUSINESS LICENCE?
An application form must be completed, which can be obtained at the George Municipality, Department for Environmental Services situated at 82 Meade Street, George and at the Municipal Offices in Uniondale.
The application fee for a Business licence and an Entertainment licence is R 74,20. The fee for a hawkersβ licence is R 30,36. Please note that the application fee is not refundable.
The following documents must be submitted with the application:
1. Fully completed and signed application form and proof of payment.
2. Copy of certified ID or passport.
3. Copy of certified certificate of acceptability (COA).
4. Copy of the municipal account where the business is operated.
5. Site plan indicating where the premises is located. The site plan must indicate details of the type of structure or the building from which business is conducted.
6. Proof of ownership or permission to utilise business premises.
7. Business registration with the CIPC.
The processing of the application will take up to thirty (30) working days before an outcome will be available. Note that the Municipality may refuse the application.
OTHER REQUIREMENTS APPLICABLE TO SHOPS
A. Building Plan Requirements
The structure from which a shop is operated must have an approved building plan. House shops must be operated from structures that comply with the requirements for human occupancy in terms of the National Building Regulations and Building Standards Act, 1977.
A building plan application must consist of at least the following:
β’ Site Plan
β’ Floor Layout
β’ Section
β’ Elevations
β’ Fire Protection Plan
The building plans must clearly indicate the structure’s intended use, including all relevant services such as electrical, plumbing, water reticulation, ventilation, sanitaryware etc. The application must be compiled by a registered competent person and submitted on the Collaborator Portal. The application will be circulated to relevant municipal departments and other authorities for comments and compliance verification with applicable laws and regulations.
B. Minor works/Temporary structures/Buildings
Temporary buildings/structures means, any structure or erection or part of structure or erection which is intended to be used only for a temporary purpose for a definite period and which is made of temporary and quickly removable building material other than material of a permanent nature. These structures are multi-purpose, portable structures that offer protection under all weather conditions.
These include:
1. Containers
2. Wendy House-type structures
3. Mobile units
4. Or any similar structures/buildings.
The applicable fees are determined as per the approved tariffs:
1. New structures calculated at R29 per square meter, subject to minimum fee R424.00.
2. Change to existing buildings at R23.00 per R850.00 of the estimated cost, subject to minimum fee R424.00.
3. Minor building works at R424.00.
C. Inspection Requirements
If the building plan application is approved, three compulsory inspections must be conducted before applying for an Occupation Certificate:
1. Commencement/Open Trench Inspection
2. Open Drainage Inspection
3. Completion Inspection
These inspections must be scheduled two days in advance of the desired inspection date.
D. Requirements for Occupation Certificate
To apply for an Occupation Certificate, the following compliance certificates are required:
β’ Electrical Compliance Certificate
β’ Plumbing Compliance Certificate
β’ Certificate of Acceptability for Food Premises (if applicable, to be obtained from Garden Route District Municipality)
β’ Gas Certificate (if applicable)
β’ Glazing Certificate of Conformance (if safety glass is used)
β’ Fire Safety Certificate (if applicable)
β’ SANS Form 4 Engineer Certificate (if applicable)
β’ SANS Form 4 Architect Certificate (if applicable)
β’ In order to comply a building plan application must be submitted for consideration.
E. Zoning Requirements applicable to House Shops / Spaza Shops
i. In terms of the George Integrated Zoning Scheme By-Law, 2023 Zoning Scheme house shops are permitted as a consent use on properties zone Single Residential Zone I and III, and a house shop of 6 square metres or less is permitted on a property zoned Single Residential Zone III as a primary right, meaning that a land use application is not required.
ii. The George Municipality: Town Planning Policy on House Shops and Other Residential Based Retail Concerns (House Shop policy) was adopted by the George Council on 25 August 2021 and provides details regarding the allowance of house shops and other retail or services type businesses in residential areas.
iii. The Municipality issued guidelines for the submission of House shop applications which have been simplified to assist property owner with the process of legalising the business operated from their property. The guidelines contain the following details:
a. Documents required to be submitted with the application and include:
β’ A simplified site layout plan illustrating, inter alia, the structures on site and respective uses (dwelling house vs house shop);
b. Public participation to be followed;
c. A simplified application form and motivation memorandum (one document) which can be filled in by hand or be made available electronically.
iv. An application fee will be payable on submission of the application. The processing of the application will take up to 60 days before an outcome is provided.
v. The guidelines and application form are available on the Municipaliyβs website or at the Planning front desk on the 5th Floor of the Main Building. The complete application can be submitted by hand at the Planning help desk at 71 York Street or e-mailed to town.planning.applications@george.gov.za; (Note that this applies only to house shops/spaza shops. All other land use applications must be submitted electronically via the portal).
vi. The application must be submitted by the landowner or be accompanied by a sufficient power of attorney be provided by the landowner.
Should the property owner, receive a land use approval for the house shop from planning, the owner must still ensure that the required Building Plan approvals and Business Licence is obtained.
The Health Certificate and the Certificate of Acceptability, which is also required, is issued by the Garden Route District Municipality.
