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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 7

Agenda item no

07SUB 19/2/2019

Subject

REPORT TO SUBCOUNCIL 7 ON THE EXERCISING OF SUBDELEGATED AUTHORITY AND RECESS POWERS: APPLICATIONS FOR EXTENDED LIQUOR TRADING HOURS FOR THE PERIOD: JANUARY 2019

Meeting date

Monday, February 18, 2019

Resolution

Noted

Date closed

Monday, February 25, 2019

Resolution details

UNANIMOUSLY RESOLVEDThat the decisions taken in terms of subdelegated authority and recess powers ((07SUB03/07/17 (a,c, d & e)) with respect to the applications for extension of liquor trading hours during the period: January 2019 BE NOTED:a. Ward 105 – Pick 'n Pay Family Store Graanendala. That the application for the extension of liquor trading hours Monday to Saturday (18:00 to 20:00) for off-consumption premises submitted by Pick ‘n Pay Family Store Graanendal BE APPROVED; andb. That the application for the extension of liquor trading hours Sunday trading (11:00 to 18:00) for off-consumption premises submitted by Pick ‘n Pay Family Store Graanendal BE APPROVED; andc. That should any reasonable proof be submitted to the Subcouncil in the form of a report from:1. The Liquor Officer at the local SAPS station; or2. An Officer from the City of Cape Town’s Liquor Enforcement Unit; or3. Any other authorised Official of the City of Cape Town, of that which is regarded to be an offence or transgression in terms of the Western Cape Liquor Act or any City of Cape Town Policy or By-Law in respect of the premises or use of the premises, it may result in steps to have this approval revoked.d. That this approval be valid for 12 months from the date of approval subject to the applicant being in possession of a valid Liquor License.b. Ward 105 – Pick 'n Pay Liquor Store Graanendala. That the application for the extension of liquor trading hours Monday to Saturday (18:00 to 20:00) for off-consumption premises submitted by Pick ‘n Pay Liquor Store Graanendal BE APPROVED; andb. That the application for the extension of liquor trading hours Sunday trading (11:00 to 18:00) for off-consumption premises submitted by Pick ‘n Pay Liquor Store Graanendal BE APPROVED; andc. That should any reasonable proof be submitted to the Subcouncil in the form of a report from:1. The Liquor Officer at the local SAPS station; or2. An Officer from the City of Cape Town’s Liquor Enforcement Unit; or3. Any other authorised Official of the City of Cape Town, of that which is regarded to be an offence or transgression in terms of the Western Cape Liquor Act or any City of Cape Town Policy or By-Law in respect of the premises or use of the premises, it may result in steps to have this approval revoked.d. That this approval be valid for 12 months from the date of approval subject to the applicant being in possession of a valid Liquor License.c. Ward 105 – Signal Guna. That the application for the extension of liquor trading hours Sunday trading (11:00 to 18:00) for off-consumption premises submitted by Signal Gun BE APPROVED; subject to the decision dated 21/01/2019 and the conditions of approval contained in Annexure A relating to trading hours.b. That should any reasonable proof be submitted to the Subcouncil in the form of a report from:1. The Liquor Officer at the local SAPS station; or2. An Officer from the City of Cape Town’s Liquor Enforcement Unit; or3. Any other authorised Official of the City of Cape Town, of that which is regarded to be an offence or transgression in terms of the Western Cape Liquor Act or any City of Cape Town Policy or By-Law in respect of the premises or use of the premises, it may result in steps to have this approval revoked.c. That this approval be valid for 12 months from the date of approval subject to the applicant being in possession of a valid Liquor License.d. Ward 21 – OK Minimark Ridgewortha. That the application for the extension of liquor trading hours Monday to Saturday (18:00 to 20:00) for off-consumption premises submitted by OK Minimark Ridgeworth BE APPROVED; andb. That the application for the extension of liquor trading hours Sunday trading (11:00 to 18:00) for off-consumption premises submitted by OK Minimark Ridgeworth BE APPROVED; andc. That the above approvals (a and b) be subject to the following conditions:a. That the trading of liquor shall be restricted to the existing shop as indicated on the attached extract of Plan no 166/05 dated 23-02-90b. A person claiming a non-conforming use has the onus of proving its existence. c. A non-confirming use – (a) may continue as long as it remains otherwise lawful; (b) does not constitute an offence in terms of this By-Law; and (c) is confined to the part of a land unit or building for which proof of its existence exists. (d) Notwithstanding the existence of a non-conforming use, no person may extend or alter the building concerned without approval in terms of this By-Law and any other applicable law. (e) If a building or a substantial part of it in respect of which a non-conforming use exists is destroyed or must be demolished because of damage, the City may on application and in its discretion grant permission for its reconstruction within the envelope of the non-conforming use and subject to conditions. (f) The permission in terms of subsection (6) does not relieve the owner from also obtaining authorisations required by any other applicable law. (g) The City may on its own initiative or on application make a binding determination as to the existence, nature and extent of a non-conforming use.d. That should any reasonable proof be submitted to the Subcouncil in the form of a report from:1. The Liquor Officer at the local SAPS station; or2. An Officer from the City of Cape Town’s Liquor Enforcement Unit; or3. Any other authorised Official of the City of Cape Town, of that which is regarded to be an offence or transgression in terms of the Western Cape Liquor Act or any City of Cape Town Policy or By-Law in respect of the premises or use of the premises, it may result in steps to have this approval revoked.e. That this approval be valid for 12 months from the date of approval subject to the applicant being in possession of a valid Liquor License.e. Ward 103 - Spar Uitzichta. That the application for the extension of liquor trading hours Monday to Saturday (18:00 to 20:00) for off-consumption premises submitted by Spar Uitzicht BE APPROVED; andb. That the application for the extension of liquor trading hours Sunday trading (11:00 to 18:00) for off-consumption premises submitted by Spar Uitzicht BE APPROVED; andc. That should any reasonable proof be submitted to the Subcouncil in the form of a report from:1. The Liquor Officer at the local SAPS station; or2. An Officer from the City of Cape Town’s Liquor Enforcement Unit; or3. Any other authorised Official of the City of Cape Town, of that which is regarded to be an offence or transgression in terms of the Western Cape Liquor Act or any City of Cape Town Policy or By-Law in respect of the premises or use of the premises, it may result in steps to have this approval revoked.d. That this approval be valid for 12 months from the date of approval subject to the applicant being in possession of a valid Liquor License.f. Ward 103 - Tops Uitzichta. That the application for the extension of liquor trading hours Monday to Saturday (18:00 to 20:00) for off-consumption premises submitted by Tops Uitzicht BE APPROVED; andb. That the application for the extension of liquor trading hours Sunday trading (11:00 to 18:00) for off-consumption premises submitted by Tops Uitzicht BE APPROVED; andc. That should any reasonable proof be submitted to the Subcouncil in the form of a report from:1. The Liquor Officer at the local SAPS station; or2. An Officer from the City of Cape Town’s Liquor Enforcement Unit; or3. Any other authorised Official of the City of Cape Town, of that which is regarded to be an offence or transgression in terms of the Western Cape Liquor Act or any City of Cape Town Policy or By-Law in respect of the premises or use of the premises, it may result in steps to have this approval revoked.d. That this approval be valid for 12 months from the date of approval subject to the applicant being in possession of a valid Liquor License.ACTION: CARIN VILJOENcc: Nicolette Smit / Davina C Williams / Danielle Macfarlane / Marilyn Holding / Liquor Control

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