Subcouncil 11

Resolution detail

The Subcouncil Manager informed the members that the Subcouncil consider comment on the new liquor licence application off consumption of premises received from Jumbo Cash & Carry Liquor Store in Ottery, LLA 1811046. The members of the Subcouncil discussed the matter and made the following comments Cllr Antonio van der Rheede • Raised his objection in terms of the framework of the law. He said that the business is located near schools, churches and community facilities. The Councillor further stated that in terms of the Liquor Act section 59 (4)(a)(b)(1)(11)(111) will be contravened if the Subcouncil supports application that is non-compliant with provisions of Legislation. He said any person that open a liquor business need to conduct an assessment of the area targeted for operation • He further said various community based organisations in ward 47, Institutions of Learning, Ward Committee members as well as individuals objected to the application. • The delivery trucks to Jumbo Cash & Carry creates traffic congestion and damage road infrastructure and pose potential danger to pedestrians. Cllr A Moses • The applicant in paragraph 12.4 on its own admission confirmed that Jumbo Cash & Carry is already trading without prior permission granted as the applicant referred to the Liquor turnover of R8 782 976.00 per month and that is the contravention in terms of law and the Subcouncil must report the matter to South African Police Service as prescribed in the System of Delegation for Subcouncils. • In paragraph 17 of the application the Applicant refers to fundamental rights amongst many freedom of trade and profession. However strategically no reference is made to Section 36 of the same Constitution which deals with Limitations of Rights. The Applicant further state “should liquor licencing systems restrict one or more of the fundamental rights, proper and sound evidence must exist to allow for such restriction (S v Lawrence CC 1997 (4) SA 1176 CC” The legal statement and reference to case Law whilst applying was viewed as a threat and enforcement of Subcouncil to take a decision under duress. • In paragraph 18 of the application the Applicant states that there is no school in the immediate vicinity of the proposed premises, no institute for aged or frail and no rehab centre of any kind is MISLEADING. The matter is regarded as violation in terms of the law, intimidating and abuse of the processes prescribed by both Municipality Systems and Structures Acts. • The following public institutions exists in the immediate vicinity of the proposed premises. I. FG Louw Rehobooth Centre / Hospital II. Salton Bahu Drug Rehab Centre III. Voorspoed Public Primary School (PPS) IV. Morgenson PPS,Belmore PPS and Blomvlei PPS V. Chrystal High School (HS) VI. Mountview HS VII. Little Angel ECD VIII. Lofdal Church IX. Hanover Park clinic X. Youth At Risk Centre (YISS) • The applicant in his application letters sent on the 13 April 2018 making reference to its first application submitted in 25 November 2016 to the following public institutions GH Stark Centre, Salton Bahu Drug Rehab Centre, Principal Crystal High School, Voerspoed PPS, Sharon Assembly of God, First Community Resource Centre, Hanover Park Community Health Clinic, Archdiocese of Cape Town, Bellmore PPS. In paragraph 17 of its submission the applicant stated that NO Schools, Institute of the aged or frail and rehab Centre’s in the immediate vicinity of the premises contradicting itself and correspondence sent to abutting facilities further regarded as intimidation and violation of rights of the various institutions approached. • The applicant in 4.8 of the application also proposed trading hours for the premises that liquor may be sold or consumed on the licensed premises; Mondays to Saturdays: 08:00 -20:00 and Sundays: 10:00 – 15:00. Should the application be granted, indicate whether the licence will automatically be renewed on an annual or biennial basis. Cllr Moses said the applicant need to apply for extended business hours annually. Cllr Nqavashe • The City of Cape Town Municipality is a creature of Legislation in terms of Municipal Systems Act and has functions and powers conferred upon it by Law. • Agreed with fellow Councillors that the Applicant is submitting its application in bad faith thus undermining the authority of the Municipality/Subcouncil i.e. to be responsive to the needs of community. • He further proposed to the members of the Subcouncil that Cllr Moses be nominated to serve as additional member of the Liquor Board because of his insight on liquor licence related issues, however the matter will have to be channeled via the office of the Speaker, if the Subcouncil supports the proposal. The members of the Subcouncil unanimously supported the proposal. The Subcouncil Manager Ms Nombakuse • informed the members that she did receive a letter from the applicants’ attorneys Emil Scheepers during April 2018 and followed administration protocol and referred the letter to legal department of the City of Cape Town to respond. RESOLVED The Subcouncil recommended that the application for new liquor licence off consuption of premises submitted by Jumbo Cash & Carry Liquor Store Ottery: Ref. No, LLA 1811046 as well as the various comments received and resolved; NOT SUPPORT the application for following the reasons 1. The geographical location of Jumbo Cash & Carry Liquor Store is in close proximity of Primary and High schools,Churches,Old Age Homes and a number of public institutions. 2. In terms of Liquor Licence Act the Liquor Licence Tribunal may not grant an application referrred to subsection (4) unless it is satisfied on a balance of probabilities that the granting thereof a) Is in public interest:and b) does not prejudice i) The residents of a residential area; (ii) the residents of an institution for the aged or frail; (iii) the learners of an educational institution who are under the age of eighteen (18) years (iv) the patience of an institution for drug or alcohol related dependencies;or (v)the congregants of a religious instituition located in the vicinity of the licensed premises concerned 3. The Applicant will be reported to SAPS in terms of the Systems of Delegation of the City of Cape Town (Council) Part 24 (4)(5) that requires contraventions of the Western Cape Liquor Act to be reported to the responsuble officer of the South African Police 4. The members of the Subcouncil unamiously supported the proposal that Cllr Moses be nominated to serve as additional member of the Liquor Board because of his insight on liquor licence related issues. Action:K Nombakuse