The Gauteng Liquor Board has lost its bid to appeal a February High Court ruling that forced it to issue a temporary liquor licence to a Johannesburg-based bed and breakfast, with the court criticising the board’s delays and arguments against the order.
In a judgment handed down in the Gauteng High Court, Judge AJ Millar dismissed both the board’s application for condonation and its application for leave to appeal after finding the delay in filing the appeal application was inadequately explained.
The dispute centres on Golden Candle Bed & Breakfast, which secured a court order in February compelling the Gauteng Liquor Board to issue it with a temporary liquor licence pending a review of the board’s earlier refusal of its licence application.
Golden Candle Bed & Breakfast’s bid to sell alcohol dates back to 22 December 2025, when the Gauteng Liquor Board refused Golden Candle’s liquor licence application, prompting the establishment to launch review proceedings in the High Court.
Running a tavern
The board refused the licence application on the grounds that granting it would not be “in the public interest” under the Gauteng Liquor Act because the premises were situated within 500 metres of churches and a school.
According to the original February judgment, the Gauteng Liquor Board cited the proximity of City Life Church, New Harvest Christian Fellowship and Canterbury International School in rejecting the application.
The Gauteng Liquor Board also refused the application after treating Golden Candle’s proposed business as a tavern, despite the establishment arguing it was applying for an on-site consumption licence linked to a guest house and function venue.
In the earlier February judgment, the court noted: “The business of the applicant, and the application that was made, was for an on-site consumption at a guest house and function venue and not for a tavern.”
Compelled
In February this year, Judge AJ Millar granted an interim order compelling the board to issue Golden Candle with a temporary liquor licence pending the outcome of that review process. The board then attempted to appeal that ruling but filed its application 35 days late.
Judge Millar found the explanation for the delay lacking, saying broad claims about the “unavailability” of board members did not adequately explain why the application had not been filed on time.
“The delay and the explanation for it are lacking,” the judge said.
Golden Candle Bed & Breakfast is located in Honeydew on Johannesburg’s west rand. It describes itself as a “charming country guest house that offers affordable and comfortable accommodation set amidst a stunning garden oasis” with rooms going from R700 a night.
It cites, as benefits, its proximity to Wilgeheuwel Hospital, Laser Business Park, Monte Casino, Silverstar Casino and Lanseria Airport. It is also close to the Sterkfontein Caves. Sterkfontein is a set of limestone caves of special interest in palaeoanthropology, and is where fossils finds include Mrs. Ples, the Taung child and Little Foot.
No grounds
The court also dismissed one of the board’s central arguments that the ruling could create problems by effectively allowing businesses operating under court orders to exist outside normal liquor-law enforcement mechanisms.
According to the judgment, the board argued that traders operating under court orders could not properly be policed under sections of the Liquor Act and that only a court could suspend or revoke their right to trade.
The board further argued: “It is not in the public interest to have this special type of liquor traders.”
But Millar rejected the argument outright. “This is no ground of appeal,” the judge said.
Own behaviour
The court also pointed out that the Gauteng Liquor Board itself had previously granted Golden Candle a temporary licence pending its own review of an earlier decision. Judge Millar further noted that interim court orders are generally not appealable except in exceptional circumstances.
In dismissing the application, the judge said he was not persuaded that another court would reach a different conclusion or that there was any compelling reason for leave to appeal to be granted.
The Gauteng Liquor Board was also ordered to pay the legal costs of both the condonation application and the leave-to-appeal application.
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Nicola Mawson
iol.co.za
