Subcouncil resolution details

Subcouncil 20

Agenda item no

20SUB 31/8/2024

Subject

RENEWAL OF EXTENSION OF LIQUOR TRADING HOURS APPLICATION: IN RESPECT OF: WCP038467/A:- PICK 'N PAY LIQUOR WYNBERG, ERF 66896, 188 MAIN ROAD, WYNBERG (OFF CONSUMPTION - MONDAYS TO SATURDAYS)

Meeting date

Wednesday, August 21, 2024

Resolution

Refused

Date closed

Thursday, September 05, 2024

Resolution detail

Cllr Langenhoven stated the following via an email:

With reference to the abovementioned matter, I note that law enforcement has not received any complaints about the establishment however, they have subsequently concurred with SAPS in their assessment that the area is a crime hotspot and have not given their support for the extension of liquor trading hours. Ordinarily, that would be enough evidence to decide on whether or not to support the application, but there is a counterargument which has been presented by the applicant’s attorneys. I will therefore make reference to the applicant’s attorney’s response.

The decisions made by various Subcouncils are not binding on other Subcouncils, and each liquor license application is assessed on their merits, rather than on a track record.
I agree that the applicant’s business cannot solely be attributed to “general misconduct, nuisance behaviour, and alcohol-related harms”. However, context plays a large part in decision-making with reference to this application:
1. The specific part of Main Road, Wynberg, is well known to law enforcement agencies and the residents of Wynberg as a crime hotspot and is considered by many longstanding residents of Wynberg as one to be avoided.
2. There have been violent crimes reported in the area.
3. The area is considered to be lawless to the residents, as criminal activity is conducted in broad daylight.
It is true that the misbehaviour could be based on multiple socio-economic factors in the area, but this does not absolve the applicant from having any responsibility. Alcohol related violence is well documented and is a disease that is rife within our communities.
I disagree that the legislation is required to curtail the harmful effects of alcohol abuse. The fact that we have national and provincial liquor legislation, as well as municipal by-laws, is evidence that legislation does indeed exist without which, liquor outlets could operate with impunity. The legislation limits economic activity by taking public health and safety into consideration and therefore, limiting the operating hours of the applicants business cannot be considered prejudicial but rather a legislative requirement.
I do not believe that the approach taken by SAPS and Law Enforcement has been irrational as it is evidence based. It is however the responsibility of SAPS to provide detailed evidence regarding crime in the immediate area which should be in the form of a report as part of their response.

For these reasons, along with the recommendation of SAPS and Law Enforcement, I do not support this liquor application at this point. I wish to emphasize “at this point”. As Wynberg develops and the circumstances change, which I believe is on track, future applications may be looked at in a different context. Wynberg is changing, and we continue with our vision to make Wynberg a place that attracts investment and is an economic hub.

The Subcouncil supported the Cllr with his decision in light of the above.

RESOLVED that:

Subcouncil 20 recommends that the application for the liquor license extension
received in respect of: WCP038467/A Pick n Pay Liquor Wynberg, erf 66896, 188 Main Road, Wynberg (off consumption – Mondays to Saturdays) NOT BE APPROVED

Action: Nicole Eva Jacobs