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Subcouncil resolution details

Subcouncil resolution details

Subcouncil 11

Agenda item no

11SUB 16/8/2020

Subject

LIQUOR LICENCE APPLICATION: LLA20070014: SUNRISE COFFEE BAR.

Meeting date

Wednesday, August 26, 2020

Resolution

,Comment

Date closed

Friday, September 04, 2020

Resolution detail

LIQUOR LICENCE APPLICATION: LLA20070014: SUNRISE COFFEE BAR.
 
The Subcouncil Manager informed the members that the purpose of the report to comment on an application for a liquor license received in terms of Section 36 New Applications of the Western Cape Liquor Act, 2008, as amended by the Western Cape Liquor Regulations, 2011.
 
Subcouncil Manager Confirmation: Advertising extent (Community participation) -  Notice served on and received the following Comments:
 
Ward 44 Councillor;
 
Cllr A Moses - Not Supported
 
I have noted that the structure for the application is an informal structure. I have also noted that there is a park in less than 2 meters away from the dwelling. This is in direct opposition of the Liquor Act.
 
Community Organizations: As per CBO Database
 
Ms M Nikelo  The  above establisment cannot be opened due to a church located around the corner of the establsihment and located  opposite a park. It is very dark at night with lots of muggings happening around that area by thugs and drug addicts. Under those reasons I do not think a liquor licencense can be issued.
 
Ward Committee: Elected Members of Ward 44
 
Ralph Jansen : Ward Member Safety & Security - Not Supported
On my visit to the owner on Friday 17 July 2020 the following I have noticed;
1. Toilets is in place and clean
2. Saw some empty grate of alcohol cases
3. The place is right opposite a play/ gym park
4. No parking space for clients (community will complain at a later stage)
5. Structure is still informal and people staying there
 
                                                                               
CPF: RA Mcclune
 
SAPS Sgt. RA Mcclune - Supported
 
Other interest and effected parties:
 
Internal departments:  
 
Town Planning:
 
Spatial Planning and Enviromental Directorate JL Solomons : The subject property benefits from a land use approval which permits the sale of alcohol, and as such this department has no objection to the issuing of a liquor licence.
 
Health:
 
City Health Z Rudolph: Supported
 
City Emergency Services: 2020/07/20
 
Fire and Safety Services S Prins: Building/Structure not completed : Not Supported / Pending
 
Law Enforcement Squad: 2020/08/14
 
Metals Theft,Liquor Enforcement & Vice Unit B April: lPremises zoned for residential use. Zoning approved by the City of Cape Town, zoning certificate was produced.
Premises not erected yet, no comments can be given regarding structural changes. Application can be approved if:
1)parking is made available for consumers and doesn’t hinder traffic flow and/or cause blockages in front of neighbour’s driveways
2)noise level of music are regulated by owner himself (no Dj on premises without a business license for entertainment)
3)trading hours are adhere to
Supported
 
Cllr Moses raised three concerns Letter received from Town Planning building temporary use over 5 years. SAPS not sure if DLO gave comments and public interest is in violation of the act. He said that he is not going to act contrary to  the Act and informed the members that there is a park in less than  2 meters away from the dwelling. This is in direct opposition of the intention of the Liquor Act.
 
RESOLVED
 
The Subcouncil members recommended NOT TO SUPPORT the LLA20070014: Sunrise Coffee Bar because in direct opposition of the Liquor Act and for the following reasons
 
In terms of Section 34(1)(e)(i) which states that granting of an application does not prejudice the residents of the residential area
 
 
 
 
Section 34(1)(e)(v) granting of an application does not prejudice the congregants of religious institution located in the vicinity of the proposed licensed premises 
 
The Applicant has the right to appeal to Liquor Board.
                       .
Action: K Nombakuse, P Smith
LIQUOR LICENCE APPLICATION: LLA20070014: SUNRISE COFFEE BAR.
 
The Subcouncil Manager informed the members that the purpose of the report to comment on an application for a liquor license received in terms of Section 36 New Applications of the Western Cape Liquor Act, 2008, as amended by the Western Cape Liquor Regulations, 2011.
 
Subcouncil Manager Confirmation: Advertising extent (Community participation) -  Notice served on and received the following Comments:
 
Ward 44 Councillor;
 
Cllr A Moses - Not Supported
 
I have noted that the structure for the application is an informal structure. I have also noted that there is a park in less than 2 meters away from the dwelling. This is in direct opposition of the Liquor Act.
 
Community Organizations: As per CBO Database
 
Ms M Nikelo  The  above establisment cannot be opened due to a church located around the corner of the establsihment and located  opposite a park. It is very dark at night with lots of muggings happening around that area by thugs and drug addicts. Under those reasons I do not think a liquor licencense can be issued.
 
Ward Committee: Elected Members of Ward 44
 
Ralph Jansen : Ward Member Safety & Security - Not Supported
On my visit to the owner on Friday 17 July 2020 the following I have noticed;
1. Toilets is in place and clean
2. Saw some empty grate of alcohol cases
3. The place is right opposite a play/ gym park
4. No parking space for clients (community will complain at a later stage)
5. Structure is still informal and people staying there
 
                                                                               
CPF: RA Mcclune
 
SAPS Sgt. RA Mcclune - Supported
 
Other interest and effected parties:
 
Internal departments:  
 
Town Planning:
 
Spatial Planning and Enviromental Directorate JL Solomons : The subject property benefits from a land use approval which permits the sale of alcohol, and as such this department has no objection to the issuing of a liquor licence.
 
Health:
 
City Health Z Rudolph: Supported
 
City Emergency Services: 2020/07/20
 
Fire and Safety Services S Prins: Building/Structure not completed : Not Supported / Pending
 
Law Enforcement Squad: 2020/08/14
 
Metals Theft,Liquor Enforcement & Vice Unit B April: lPremises zoned for residential use. Zoning approved by the City of Cape Town, zoning certificate was produced.
Premises not erected yet, no comments can be given regarding structural changes. Application can be approved if:
1)parking is made available for consumers and doesn’t hinder traffic flow and/or cause blockages in front of neighbour’s driveways
2)noise level of music are regulated by owner himself (no Dj on premises without a business license for entertainment)
3)trading hours are adhere to
Supported
 
Cllr Moses raised three concerns Letter received from Town Planning building temporary use over 5 years. SAPS not sure if DLO gave comments and public interest is in violation of the act. He said that he is not going to act contrary to  the Act and informed the members that there is a park in less than  2 meters away from the dwelling. This is in direct opposition of the intention of the Liquor Act.
 
RESOLVED
 
The Subcouncil members recommended NOT TO SUPPORT the LLA20070014: Sunrise Coffee Bar because in direct opposition of the Liquor Act and for the following reasons
 
In terms of Section 34(1)(e)(i) which states that granting of an application does not prejudice the residents of the residential area
 
Section 34(1)(e)(v) granting of an application does not prejudice the congregants of religious institution located in the vicinity of the proposed licensed premises 
 
The Applicant has the right to appeal to Liquor Board.
                       .
Action: K Nombakuse, P Smith

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