Subcouncil resolution details
Subcouncil 16
Agenda item no
16SUB 14/10/2024
Subject
LIQUOR LICENCE APPLICATION: DECISION TAKEN UNDER SUBDELEGATED AUTHORITY BY THE SUBCOUNCIL MANAGER, THE WARD COUNCILLOR AND THE CHAIRPERSON IN RESPECT OF: REF. NO. LLA24090015; LIBERTINO.
Meeting date
Monday, October 14, 2024
Resolution
,Noted
Date closed
Tuesday, October 22, 2024
Resolution detail
RESOLVED that it BE NOTED that an application for a liquor licence received from Libertino 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. LLA24090015, for the business Libertino at 47 NAPIER CAPE TOWN CITY CENTRE BE SUPPORTED WITH CONDITIONS:
This Application based upon these correct zoning hours as promulgated (11pm) as well as the areas “not allowed” by Council decision.
This application involves ONLY Erf 440, of a sort-of “combined” building/hotel type of thing. There are some factors that the Liquor Licensing Authority must be made aware of regarding recent land use activity and the subsequent appeal that was handed down by the Appeal Authority, the Mayor. In the Appeal, it lists and states which outdoor areas may not be trafficable after 8pm, meaning no guests on the roof.
Further to the actual application:
Point 1.9 of the Lease Agreement Schedule lists Landlords Agreement for the business to trade from 7am - 12am (as stated in the lease, this is the time of operation in lease). They have unfortunately applied for a 2am end-time license. Previously was an issue of outdoor speakers on Roof deck, balcony or courtyard area, please mention that there has been some noise issues from previous tenants over the years, relating to noise from Balconies etc. - So please state that condition: No Speakers outside.
They are applying on page 17 for “2nd Floor Loft” which is an open air deck, as per the attached Council decision, they do not have that right to apply for that outside deck. Premises Zoned Local Business 2 (LB2), and according to the Trading hours schedule in the City of Cape Town Control of Undertakings that Sell Liquor to the Public By-law 2013, the trading hours are limited to 11:00 to 23:00