Licencing and Certification
Types of Business Licence Applications
According to the Businesses Act – 71 of 1991, the following businesses must apply for and obtain a trade licence prior to commencement of their operations:
1. Sale and Supply of Meals (foodstuffs that are handled or prepared in the form of a meal). Fee – R25.00
2. Hawking in Meals (food that is prepared on site e.g. hot dogs, boerewors rolls, hamburgers, hot chips etc
Fee – R10.00
Business Licence Application
Licences can be applied for at any Environmental Health office within the City of Cape Town – See City Health Contact Details
N.B. For all licence categories bring along the following: –
1. Identity document and a copy thereof. If you are a foreign national, your passport and a copy thereof.
2. For licences for provision of certain types of health facilities or entertainment, bring along a certified South African Police clearance certificate obtainable from SAPS. If you are a foreign national you may require a police clearance from your country of origin.
3 For adult premises applications, also bring along your clearance issued by the Film & Publications Board.
4 Before your application will be granted, you will also need to obtain the necessary Land-use Planning clearances and “Certificate of Occupancy” clearances issued by the Building Development Directorate.
5 Please note: A separate fee will be charged for the additional documents issued by the City of Cape Town or SAPS.
Business Licence Payments
Once you have presented the above mentioned documentation to the Business Licencing official, a directive to make cash payment will be printed and handed to you to take to the nearest City of Cape Town – cash office
A Cash payment for Category 1 & 2 Licenses ie Sale or Supply of Meals and licenses for Provision of Certain Types of Health Facilities or Entertainment is R25-00
A Cash payment for Category 3 – Hawking in Meals is R10-00.
Upon payment, you will be issued a receipt, which you must return to the Licensing official, who will then capture your application on an electronic application form, a copy will be printed for your signature and thereafter distributed electronically via e-mail to all the necessary reporting officials for comment. Upon receipt of all the reporting official’s comments, further correspondence will be entered into with you.
Regarding the aforementioned it is recommended that the applicant phones the relevant office to confirm the hours of operation as these vary between the various offices.
Should the applicant require further information please do not hesitate to contact the relevant district Environmental Health Practitioner.
Certificate of Acceptability
The Minister of Health has, in terms of section 35, read with section 40, of the Health Act – 63 of 1977, promulgated the Regulations Governing General Hygiene Requirements for Food Premises and the Transport of Food – R 918 of 1999. These regulations were published in the Government Gazette dated 30th July 1999. No: 20318.
In terms of these regulations, the person in charge or the owner of all premises, on which food is handled or is permitted to be handled, is required to be in possession of a “Certificate of Acceptability”. No person may handle food or permit food to be handled on premises in respect of which a valid certificate of acceptability has not been issued or is not in force.
In view of the forgoing a person in charge of such a facility would be required to make application on the relevant application form. However, it must be pointed out that failure to make the necessary application will be a contravention of these regulations and would thus make such a person guilty of an offence, and liable to a fine.
In terms of the regulations, the Certificate of Acceptability must be in the name of a natural person who is responsible for the food premises and/or the owner of the food premises as the Certificate of Acceptability is not transferable from one person to another or from one premises to another. The City of Cape Town would prefer the certificate be issued in the name or the owner of the business and in the case of a company or close corporation in the name of the Managing Director of the main member of the closed corporation. In this regard a copy of the certificate of registration with the Registrar of companies and Closed Corporations, Pretoria is required to be submitted with the application. The reason why preference is given to the issuing of the certificate in the names, as mentioned, is to prevent the company or closed corporation from having to apply for a new certificate each time a person responsible for a premises leaves or is transferred to another branch.
Should further information be required, the Environmental Health office nearest to you can be contacted. Once the required application form has been completed you can either fax, e-mail, or return it by hand to your closest Environmental Health office.