Subcouncil resolution details

Subcouncil 19

Agenda item no

19SUB 11/12/2022 SM

Subject

APPLICATION IN RESPECT OF THE EXTENSION OF LIQUOR TRADING HOURS FOR PICK ‘N PAY LIQUOR WCP/042163, SHOP 12, THE ARCADE, 120 MAIN ROAD, FISH HOEK (OFF CONSUMPTION: 18:00 to 20:00) MONDAY TO SATURDAY

Meeting date

Friday, December 09, 2022

Resolution

Refused

Date closed

Monday, January 16, 2023

Resolution detail

Subcouncil 19 recommended that the application for extension of liquor licence trading hours received from reference no PICK ‘N PAY LIQUOR, FISH HOEK, WCP/042163 be REFUSED for:

a) Monday to Saturday from 18:00 to 20:00

The application was NOT SUPPORTED for the following reasons:

1. Clause 9 e) – Proximity to residential, religious and educational facilities:

The premises are in a CBD with residential properties above the shops as well as directly opposite a block of flats “Woodside” and other residential properties in 1st Avenue.
There are two churches (7th Day Adventist, Recreation Road and Methodist, 1st Avenue) in close proximity as well as a Wellwood Lodge Mission facility, Recreation Road as places of worship.

2. Clause 9 g) – Potential impact on surrounding environment:

Fish Hoek has a chronic homeless problem. It is at a transport hub and has consequential social problems with those homeless and vagrants. The fights in the street, defecate, urinate in front of shop after business closing times of 5pm and 1pm on a Saturday. We have been forced to contact Solid Waste to come and wash down the streets daily. When they are unable to come the business are forced to hire people to clean the streets.
It has been noted by both the agency that works with these people and the Civic that they are getting their alcohol from the two stores in the main road.
They also go and harass the beach goers. The crime is increasing, both with begging and intimidation of residents.

3. Clause 9 h) - Public Interest and Desirability

The debate held on other liquor licences was referred to, including all the above documentation.

It was after noting all the comments from Civic, Ward Committee, etc. that in the light of the above it was not in the public interest to extend the liquor licence hours.

4. Clause 9 i) – Motivation from the applicant

Although the applicant has argued and tried to justify that they should be given the extended hours by giving previous appeals and a court action as justification to allow the hours as they will win in court, we believe that intimidation of Coucillors and bullying to reach a favourable decision in their favour. This is not a motivation which on the balance of probabilities outweighs the negative impacts of extended hours has on the local communities who have to live with the consequences.
The fact that the Civic Association did not support the original application in no way detracts from their opinion on the desirability of an application for extended hours.
This store specifically is in a mall which has its access on a thoroughfare between Main Road and 1st Avenue. This is generally used thoroughfare for the elderly children. It is not considered by Subcouncil to be in the public’s best interest to grant extended hours.
There are no additional mitigating measured provided or provision of tangible benefits to the surrounding community other than their own economic benefit with contributions to NGO’s.

5. Community Consultation – The application is not supported by the Ward Committee or Civic Association.