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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 19

Agenda item no

19SUB 3/12/2022 SM

Subject

APPLICATION IN RESPECT OF THE EXTENSION OF LIQUOR TRADING HOURS FOR LIQUOR CITY WCP/008081, THE MUIZE, CNR MAIN-AND ATLANTIC ROAD, MUIZENBERG (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 LIQUOR CITY, MUIZENBERG, WCP/008081 be REFUSED for:
 
a) Monday to Saturday from 18:00 to 20:00
 
NOT SUPPORTED for the following reasons:
 
1. Clause 9 e) – Proximity to residential, religious and educational facilities:
  • The premises are in a small business hub which is embedded in a residential precinct.
  • The premises are directly opposite a 15 floor residential apartment block (Cinnabar).
  • The premises are directly opposite a college (False Bay College on the first 2 floors of Cinnabar).
  • The premises are surrounded by of upmarket apartment blocks in the immediate area – Doreen Mansions, Balmoral Flats, Empire Flats, York Building, Clarendon court and many more.
  • The premises are in close proximity to a number of places of worship - Synagogue in Camp road, Anglican Church in Church road, Methodist Church in Marchmont Road, Muizenberg.
2. Clause 9 g) – Potential impact on surrounding environment:
  • Muizenberg has a chronic street people problem and there is a proliferation of street people living on the streets and in the Public Open Spaces in the immediate vicinity of the property (Muizenberg Park across the Main road, behind the SAPS Service Centre, in Church street, along the railway line and under the Railway Bridge within 50 metres of the property).
  • During an on-site inspection it was observed that the immediate area is littered with the detritus of vagrants and alcoholics living on the streets. When questioned the street dwellers stated that they purchase their liquor from Liquor City (see photo of shelters).
  • During an on-site inspection street people were observed entering and leaving the premises (see photo of wheel chair).
  • During an on-site inspection crates of empty beer bottles were observed at the structures under the bridge. When questioned, the street people acknowledged that the alcohol was purchased at liquor city (see photo of crate).
  • During an on-site inspection it was observed that Liquor City sells cheap wine in boxes (R109 for 5 litres).
3. Clause 9 h) - Public Interest and desirability
  • The City of Cape Town’s by-law – “CONTROL OF UNDERTAKINGS THAT SELL LIQUOR TO THE PUBLIC” – requires that the decision-makers MUST, reasonably and fairly consider whether it is in the public interest to approve or grant and extension of trading days or hours. At the sub-council meeting a general discussion took place regarding public interest and the desirability of extending trading hours and days. Published documents from Global, National and local research as well as articles published in the local media had been distributed to all Sub-councils and Councillors in the Metro during 2022. This includes the following articles:
            i. DGMT legislative review
            ii. SAAPA
            iii. BMC medicine study
            iv. WCG white paper on harms reduction
 
Based on these publications as well as from media releases issued by the City’s Safety and Security department, it was felt that, from the social, economic and safety points of view it was clearly not in the public interest to support the application for extended hours or days.
 
4. Clause 9 i) – Motivation from the applicant
  • The applicant has not provided any motivation dealing with the impact of the risks to and nuisances on the surrounding community.
  • The applicant has not provided any mitigation measures to assist the control of risks to and nuisances on the surrounding community.
  • Instead of providing any motivation or mitigation the applicant simply dismisses these requirements as not relevant to their application.
  • The applicant has not provided any tangible benefits on the surrounding community other than their own economic benefit.

Community Consultation – The application is not supported by the Ward Committee.

Attached Annexure A has reference.

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