Subcouncil 16

Resolution detail

RESOLVED that it be NOTED that an application for a liquor licence received from BORN HIGH was considered in terms of sub delegated authority and that the following recommendation was forwarded to the Liquor Authority in terms of the Western Cape Liquor Act, 2008, as amended:
 
Subcouncil 16 recommends that the application for a Consumption ON Premises Liquor Licence, reference no. LLA24030006, for the business BORN HIGH at 24 Kloof Street, Gardens SHOULD NOT BE SUPPORTED:
 
Comments from Subcouncil:
The business that is operating at this address, being Erf: 94438, 24 KLOOF STREET, GARDENS, CAPE TOWN and trades under the Venue name: "High Hope". The Signage on the business gazebo outside facing Kloof Street that can be noted in the photographs in the application, as well as on Google Maps as saying: “MEMBERS ONLY CANNABIS SOCIAL CLUB” I cannot support this Liquor License application for the following reason: If the license is approved, the licensee (now the applicant) would be in contravention of Section 32(2) of the Western Cape Liquor
Act, Act 4 of 2008. This states that a license holder would be in contravention of the license conditions, in that the licensee would have allowed for the sale, and/or use of, possession of drugs on the premises in contravention of the act. In the 2018 Constitutional Court Judgement there is some confusion ito the legal position in relation to cannabis. Possession, use and cultivation of cannabis by an adult, for personal consumption, in private, is permitted. However, dealing in cannabis is not permitted. This amounts to the commercialisation of cannabis by either selling annual membership of a club and receiving complimentary cannabis or by selling cannabis to members of a private members club. Therefore, by supporting this application, I would be party to the process, which would render the applicant in contravention of Section 32(2) of the Western Cape Liquor Act, Act 4 of 2008
 
APPLICATION NOT SUPPORTED WITH REASONS
 
The Subcouncil does not support the application for the following reasons:
1. The Applicant will be in contravention of Section 32(2) of the WCL Act, Act 4 of 2008, in that applicant will allow the sale and/or use of drugs on the premises.
2. Although the use and cultivation of cannabis by an adult, for personal/private consumption is permitted, DEALING in cannabis is NOT permitted.
3. Commercialisation of cannabis is encouraged by either selling membership of a club; receiving free cannabis or selling the product to members of a private club.
4. Accordingly, by supporting this application, the Subcouncil would be part of the process and contravention of the Act mentioned in (1) above.
5. APPLICATION NOT SUPPORTED