Subcouncil 16

Resolution detail

RESOLVED to RECOMMEND that:
 
6.1    the application received from Stanley Giger Enterprises CC t/a Cubana Cape
         Town for a business   licence for health and entertainment: night club or
         discotheque, on erf 6, 89 Hertzog Boulevard, Foreshore 8001, BE GRANTED
         subject to the following standard endorsements for this category of licence:
 
6.1.1  This business licence must be displayed prominently in a conspicuous
        place in or on the premises so as to be visible to patrons, the public and
        Council officials at all times.
 
6.1.2  This business licence is not transferable from person to person or from
          business to business.
            
6.1.3 The premises must comply with the requirements of the Tobacco Products  Control Act, Act 83 of 1993, at all times.
 
6.1.4  The Director: City Health reserves the right to call for any other requirements that requirements that  may be deemed necessary.
 
6.1.5  The approval of this licence does not exempt the holder from compliance with any other licences,conditions or statutory requirements.
 
6.1.6  The premises must comply with the requirements of the Western Cape Noise Control Regulations, P.N. 200 of 2013, at all times.
 
6.1.7     The premises must comply with the fire requirements at all times.
 
6.1.8     The front door must remain closed during operation of the restaurant.
 
6.1.9     The fire and emergency exits to the back of the restaurant must remain
             closed during operation of the restaurant.
 
6.1.10   Sound limiter settings must remain as per installation parameters of
             Sphere Acoustics Solutions.
 
6.1.11   Unannounced inspections may be done to confirm compliance during its
             time of operation.
 
6.1.12   Changes to the sound installations and/or internal layout may not be done
             without consent from the relevant City of Cape Town departments.
 
 
6.1.13  The restaurant must remain compliant with the regulations of the Western
            Cape Noise Control Regulations PN  200/2013.
 
6.1.14  Regulations relevant to the business are: Regulation 2: Prohibition of
            disturbing noise:
            A person may not—
            (a) cause a disturbing noise; or
            (b) allow a disturbing noise to be caused by any person, animal, machine,
                 device, apparatus, vehicle, vessel or model   aircraft, or any combination
                 thereof.    
    
6.1.15  Regulation 3: Prohibition of noise nuisance
            In so far as it causes or is likely to cause a noise nuisance, a person may
            not— (a)operate or play, or allow to be operated or played, a radio,
            television set, gramophone, recording device, drum, musical instrument,
            sound amplifier, or loudspeaker system, or any similar device  producing,
            reproducing or amplifying sound; 
 
6.1.16 Regulation 6: Places of late-night entertainment
   (a) A person may not conduct the business of a nightclub, or any similar late-
        night entertainment involving amplified Sound, on or from any premises,
        unless the premises are soundproofed sufficiently so that a disturbing
        noise will not be caused outside the property projection plane of the
        premises.
 
(b)The local authority may require a person referred to in sub-regulation (1)
    to provide proof of the   soundproofing, or may require access to the
    premises to assess the efficacy of the soundproofing.
 
(c)A person who conducts a business referred to in sub-regulation (1) on the
    date of publication of these regulations is exempted from the application
    of that subsection for a period of six months after that date.
 
6.1.17  In accordance Regulation 13 of the said regulations strict penalties may be
            imposed on the non-Compliance with any of the above or related
            regulations.
 
6.2   Authority be granted to the Head: Environmental Health to sign and issue the necessary licence in 6.1 above.