Background of the Dispute
Golden Candle Bed & Breakfast, located in Honeydew on Johannesburg’s western edge, applied for a liquor licence in December 2025 to serve drinks on‑site for guests and event visitors. The Gauteng Liquor Board turned the request down, saying the property is within 500 m of churches and a school, which it claimed was not “in the public interest.” The board also treated the application as if it were for a tavern, even though Golden Candle insisted it wanted a licence for a guesthouse and venue.
First Court Decision
In February 2026, the Gauteng High Court (Judge AJ Millar) ordered the board to issue a temporary liquor licence while the board’s review of the original rejection continued. The judge criticised the board for delaying the process and for misunderstanding the nature of Golden Candle’s business.
Board’s Attempt to Appeal
The liquor board filed an appeal against the February order, but it was submitted 35 days late. The board tried to explain the delay by saying its members were unavailable, but Judge Millar found that explanation insufficient. He stated that the delay and the reason for it were missing, and therefore dismissed both the board’s request for condonation (permission to file late) and its application for leave to appeal.
Why the Court Rejected the Appeal
- Proximity Argument: The board claimed that being near churches and a school made the licence unsuitable. The court noted that the earlier ruling already considered this and found it insufficient to deny a temporary licence.
- Tavern Misclassification: The board argued that Golden Candle was trying to operate a tavern. The judge reiterated that the establishment’s application was for on‑site consumption at a guesthouse and events venue, not a tavern.
- Monitoring Concerns: The board warned that allowing a licence under a court order would make it hard to monitor compliance with liquor laws. Judge Millar dismissed this, saying it was not a valid ground for appeal.
- Precedent of Interim Licences: The board itself had previously granted Golden Candle a temporary licence while reviewing an earlier decision, showing that interim orders are routine and not exceptional.
Outcome and Consequences
Judge Millar ruled that there was no compelling reason to believe another court would reach a different conclusion, so the appeal was dismissed. The Gauteng Liquor Board was ordered to pay the legal costs for both the condonation application and the leave‑to‑appeal application.
What This Means for Golden Candle
The bed and breakfast can continue to serve alcohol under the temporary licence while the board’s full review proceeds. Guests can enjoy drinks with their stay or events, and the establishment keeps its competitive edge near attractions like the Sterkfontein Caves, Monte Casino, and Lanseria Airport.
Conclusion
The court’s decision highlights that administrative bodies must act promptly and provide clear reasons when they delay legal processes. For Golden Candle Bed & Breakfast, the ruling allows the business to move forward with its plans to offer on‑site drinks, reinforcing that liquor licence decisions should focus on the actual nature of the business rather than vague public‑interest claims.
