Resolution detail
UNANIMOUSLY RESOLVED
That the decisions taken in terms of subdelegated authority ((07SUB03/07/17 (b, d & e)) w r t new liquor licence during the period: 1 August to 31 August 2018 BE NOTED.
1. LLA1807031 - Pick a Pay Liquor Store Kraaifontein
SubCouncil 07 recommends that the application for a liquor licence RECEIVED from Pick a Pay Liquor Store Kraaifontein for the sale of liquor for Consumption OFF Premises, Reference No LLA1807031
NOT BE SUPPORTED : Although the Parent Erf 4697, Kraaifontein (a portion of erf 40 Kraaifontein) is currently zoned General Business Zone 1 (GB1) in respect of the Development Management Scheme Regulations, it should be noted that the subject application to permit the sale of alcoholic beverages cannot be supported at this stage due to the following reasons:
• The status of the development is currently unconfirmed (SG) approved only and will lapse on 15/04/2020 (extension of validity granted ref 70250322).
• The building plan ref 70399215 was only approved with consideration of a 55.4.b approval granted by this office, to construct the building work within an unconfirmed subdivision and no occupation may take place.
• No 137 approval (transfer certificate) has been granted by the land use department which confirms that the developer/owners has not complied with all of the relevant conditions of approval.
• No occupational certificate has been issued by the building department. The liquor license will only be considered once the transfer and occupational certificate have been issued by Council.
2. LLA1807032 - Pick ‘n Pay Family Store, Kraaifontein
SubCouncil 07 recommends that the application for a liquor licence received from Pick a Pay Family Store Kraaifontein for the sale of liquor for Consumption OFF Premises, Reference No LLA1807033 NOT BE SUPPORTED: Although the Parent Erf 4697, Kraaifontein (a portion of erf 40 Kraaifontein) is currently zoned General Business Zone 1 (GB1) in respect of the Development Management Scheme Regulations, it should be noted that the subject application
to permit the sale of alcoholic beverages cannot be supported at this stage due to the following reasons:
• The status of the development is currently unconfirmed (SG) approved only and will lapse on 15/04/2020 (extension of validity granted ref 70250322).
• The building plan ref 70399215 was only approved with consideration of a 55.4.b approval granted by this office, to construct the building work within an unconfirmed subdivision and no occupation may take place.
• No 137 approval (transfer certificate) has been granted by the land use department which confirms that the developer/owners has not complied with all of the relevant conditions of approval.
• No occupational certificate has been issued by the building department.
The liquor license will only be considered once the transfer and occupational certificate have been issued by Council.
3. LLA 1808001 - Loch Lynne Function Venue
Subcouncil 07 recommends that the application for a liquor licence received from Loch Lynn Function Venue for the sale of liquor for Consumption ON Premises, Reference No LLA1808001 BE CONDITIONALLY SUPPORTED subject to the Land Use requirements being met and further subject to the health requirements:
a) The applicant must at all times be in possession of (1) a Trade License in terms of the Business Act No 70 of 1991 and (2) a Certificate of Acceptability for Food Premises in terms of Regulation R638 dated 20/06/2018 promulgated under the Foodstuffs, Cosmetic and Disinfectants Act, 1972 (Act 54 of 1972).
b) No smoking must be allowed on any public premises unless it complies with the Tobacco Products Control Amendment Act, 2008 (Act No 63 of 2008) and Notice Relating to Smoking of Tobacco Products in public places, Regulation No R975 dated 29 September 2000.
4. LLA 1808002 - Loch Lynn Cellar
Subcouncil 07 recommends that the application for a liquor licence received from Loch Lynn Cellar for the sale of liquor for Mircro Manufacturer OFF Consumption, Reference No LLA1808002 BE CONDITIONALLY SUPPORTED subject to the Land Use requirements being met and further subject to health requirements:
1. No smoking must be allowed on any public premises unless it complies with the Tobacco Products Control Amendment Act, 2008 (Act No 63 of 2008) and Notice Relating to Smoking of Tobacco Products in public places, Regulation No R975 dated 29 September 2000.
2. Applicant to comply with the Western Cape Noise Control Regulations (P.N. 200 of 2013) at all times.
5. LLA1808009 - Tops Village Square
Subcouncil 07 recommends that the application for a liquor licence received from Tops Village Square for the sale of liquor for Consumption OFF Premises, Reference No LLA1808009 BE CONDITIONALLY SUPPORTED subject to:
1. The building must be completed in accordance with the approved building plans and the necessary completion certificate must be obtained from the Building Management Development Department.
2. 2. The applicant must be in possession of a Certificate of Acceptability for Food Premises in terms of Regulation R638 dated 22/06/2018 promulgated under the Foodstuffs, Cosmetic and Disinfectants Act, 1972 (Act 54 of 1972).
3. No smoking must be allowed on any public premises unless it complies with the Tobacco Products Control Amendment Act, 2008 (Act No 63 of 2008) and Notice Relating to Smoking of Tobacco Products in public places, Regulation No R975 dated 29 September 2000. In this regard Guidelines for the design of designated Smoking Areas, and requirements for artificial ventilation that serves smoking areas, can be obtained from your local Environmental Health Practitioner.
6. LLA1808010 - Saddles Pinehurst
Subcouncil 07 recommends that the application for a liquor licence received from Saddles Pinehurst for the sale of liquor for Consumption ON Premises, Reference No LLA1808010 NOT BE SUPPORTED:
1. The applicant must first obtain the following:
a) A Trade Licence (Item 1) in terms of the Businesses Act No 70 of 1991 for the sale and supply of meals.
b) A Certificate of Acceptability for Food Premises in terms of Regulation R638 dated 22/06/2018 promulgated under the Foodstuffs, Cosmetics and Disinfectant Act, 1972 (Act 54 of 1972) for the handling of foodstuffs.
2. The premises must comply with the National Building Regulations and Standards Act ( Act 103 of 1977) and SANS 10400 of 2011.
3. An integrated waste management approach must be implemented based on waste minimisation and must incorporate reduction, recycling and re-use. All waste generated to be stored in a secured refuse area pending removal.
4. Further requirements may be called for should it be deemed necessary.
7. LLA1808011 - Clara Anna Fontein Clubhouse
Subcouncil 07 recommends that the application for a liquor licence received from Clara Anna Fontein Club House for the sale of liquor for Consumption ON Premises, Reference No LLA1808011 BE CONDITIONALLY SUPPORTED, subject to
1. The building must be completed in accordance with the approved building plans and the necessary completion certificate must be obtained from the Building Management Development Department.
2. The applicant must be in possession of (1) a Trade License in terms of the Business Act No 70 of 1991 and (2) a Certificate of Acceptability for Food Premises in terms of Regulation R962 dated 23/11/2012 promulgated under the Foodstuffs, Cosmetic and Disinfectants Act, 1972 (Act 54 of 1972).
3. At no time may a noise nuisance or a disturbing noise, as defined in the Western Cape Noise Control Regulations P. N. 200/2013 as promulgated under the Environmental Conservation Act, 1989 (Act 73 of 1989), be created to surrounding property owners.
4. No smoking must be allowed on any public premises unless it complies with the Tobacco Products Control Amendment Act, 2008 (Act No 63 of 2008) and Notice Relating to Smoking of Tobacco Products in public places, Regulation No R975 dated 29 September 2000. In this regard Guidelines for the design of designated Smoking Areas, and requirements for artificial ventilation that serves smoking areas, can be obtained from your local Environmental Health Practitioner.
8. LLA180818 - The Daily Coffee Café, Kraaifontein
Subcouncil 07 recommends that the application for a liquor licence received from The Daily Coffee Café Kraaifontein for the sale of liquor for Consumption ON Premises, Reference No LLA1808018 BE CONDITIONALLY SUPPORTED, subject to
(Building still under construction) and Health requirements
1. The use of premises for the purpose of a Coffee Shop, consumption of liquor ON premises, is subject to the approval of the Area Land-Use Planner and must comply with any conditions or requirements that may be stipulated by the Town Planning Department. Any alterations or additions carried out or expense incurred by the applicant on the premises before the Town Planning aspect has been finalised, is done so at the risk of the applicant.
2. Building Plans must be submitted for any alterations to the existing building. All areas must be adequately through or cross ventilated to the external air. Should mechanical Ventilation be used, details thereof must be provided on the plan for approval.
3. The premises must comply with the National Building Regulations & Standards Act (Act 103 of 1977) and SANS 10400 of 2011. Adequate toilet facilities must be provided to all patrons and staff. Sanitary facilities must also be provided for disabled persons that comply with the requirements of SANS 10400-S: 2011 Edition 3. This includes ramps/walkways, toilet facilities and removal of obstructions in the path of travel for disabled persons.
4. Should trading with perishable foodstuffs take place on the premises, the applicant must apply for a Certificate of Acceptability in terms of the Regulations governing General Hygiene requirements for Food Premises, the Transport of Food and related matters: R638 dated 22 June 2018 as promulgated under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972) – Application forms available from Ms D Williams at 021 444 6738.
5. A business premises trading with perishable foodstuffs, or provide facilities for entertainment in terms of Schedule 1, Item 1 & 2 of the Businesses Act must obtain a Trade Licence in accordance with the Businesses Act No. 71 of 1991 - Application forms available from Ms D Williams at 021 444 6738.
6. The premises must comply with the Tobacco Products Control Amendment Act No. 83 of 1993.
7. The premises must comply with the Western Cape Noise Control Regulations, R200 of 20 June 2013. Should complaints regarding noise emanating from the premises be received, Council reserves the right to withdraw any approval granted in terms of a Business licence.
8. The applicant must comply with the City of Cape Town, Environmental Health By-Law, No. 13333 of June 2003, Part 1, Prevention and Suppression of Health Nuisances.
9. All refuse must be stored and disposed of in a manner that does not create any health nuisances pending removal. In this regard a refuse room shall be provided for approval by the Waste Management Officer in terms of the City of Cape Town Integrated Waste Management By-Law, 2009, Section 10 (1) & (2). (Detailed building plans must be submitted for the refuse room.)
10. Water for human consumption must comply with SANS 241-1 & 242-2:2011 – specifications of drinking water.
11. The premises must be rodent proof in terms of the Prevention of Rodent Infestation, Regulation No 1411 of 1966.
12. The premises must comply with the City of Cape Town: Control of Undertakings that sell liquor to the public By-Law, 2013.
13. The Environmental Health Department reserves the right to call for any additional requirements should it be deemed necessary.
ACTION: CARIN VILJOEN / NICOLETTE SMIT
cc: Davina C Williams / Danielle Macfarlane
