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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 17

Agenda item no

17SUB 8/11/2016

Subject

SUBDELEGATION OF SUBCOUNCIL DELEGATIONS TO THE SUBCOUNCIL MANAGER

Meeting date

Tuesday, November 15, 2016

Resolution

Noted

Date closed

Monday, November 28, 2016

Resolution detail

Cllr Hendricks referred the members to section 6b of the recommendation page 27 and felt that this point should not be part of the recommendation and must be deleted. He felt that other matters have to wait until after recess and said that liquor licence applications should not be given special consideration. Cllr A Adams said that the SC as a whole will have no powers then if the decision lies only with the chairperson, ward councillor and the SC Manager. He stated that liquor outlets have a major impact on communities and how will the community influence the decision if they are excluded. He cautioned the SC on point 6b. Cllr March pointed out that the delegated powers only occur during recess as many Councillors go on holiday that period. Ms Nombakuse explained the process when the SC receives an application for liquor licence or extension of liquor licence trading hours from the Health Department. She said that they do not take this decision lightly and consult with the Ward Councillor as well as the abutting businesses. Comments forms are also sent to the NGO’s in the area as well as consultation with SAPS. The application is also forwarded to Law Enforcement and the Planning Department for their comments. She stated that intensive public participation occur before a decision is being made. She also said that liquor licences were not only dealt by the City but ultimately Provincial Government make the final decision. Cllr March called to vote by show of hands who supported the recommendation and who does not support it. 5 Members (DA) supported the recommendation. 2 Against – Cllr Hendricks (AJ) and Cllr A Adams (DI) 1 Abstain – Cllr Y Adams (CMC) RESOLVED that: a)During council recess periods, the Subcouncil manager or acting Subcouncil manager, in consultation with the chairperson and the relevant ward councillor, be authorised to exercise the powers, functions and /or duties delegated to the Subcouncil in terms of part 25 of Council’s System of Delegations. b)In the event of Subcouncil delegation 5(1) which authorizes the Subcouncil to comment on applications for liquor licenses in terms of the Western cape Liquor Act, 2008., as amended, and which due to time constraints cannot be submitted to o9ne of the scheduled Subcouncil meetings for consideration, the Subcouncil manager or acting Subcouncil manager, in consultation with the chairperson and the relevant ward councillor, be authorized to deal with and finalise such matter. c)A report be submitted to the ensuing meeting of the subcouncil to report on the exercising of such delegation. d)quarterly report be submitted to the Speaker in terms of delegations exercised during the report period. ACTION: Ms K Nombakuse

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