Johannesburg - Many online liquor sellers in South Africa were technically trading illegally, according to Jan Schliemann, a liquor law expert and head of Schliemann Attorneys.
There was no specific category of licence for an online reseller to apply for, but Schliemann said the authorities were turning a blind eye to those caught by the tricky situation.
"One can either have an 'on consumption' or an 'off consumption' licence E and the applicant and the premises would also be taken into account," he said.
However, with Internet sales a unique combination of factors arose, like how and where the products were stored, how they were handed over to the purchaser and how control was exercised over sales to minors.
Online liquor resellers in South Africa include Kalahari.net, Cybercellar, Wine.co.za, Wine Shopper, World Wine Trade and more.
It was on behalf of a client that Schliemann was making the first e-liquor licence application to the Western Cape's Liquor Board before the end of February.
"The Liquor Board, in most jurisdictions, has until recently adopted a conservative approach and to my knowledge has only granted licences under the category of 'clubs' like the wine-of-the-month-club.
"It has been the attitude of most practitioners active in the liquor law field that the correct category for an Internet-style licence fall under an 'off consumption' special retail licence," says Schliemann.
He said this approach had, in most instances, met with resistance from Liquor Boards, but in last year's case of Liquor Web versus the Liquor Board in Gauteng, the High Court of South Africa held that an "off consumption" special retail licence was the correct interpretation.
He hoped last year's case and his address to the more flexible Western Cape Liquor Board, would set a firm precedent which would be applied by other boards throughout the country.
Schliemann believed it would also further a means of trading which was of benefit to the public.