Author Archives: Long Street Residents' Association (LSRA)

Open letter to civic associations

Dear Civic Leaders,

The City of Cape Town is in the process of reviewing the system of delegations pertaining to its Economic, Environmental and Spatial Planning (EESP) Portfolio. This forms part of an overall broader assessment of the City’s planning systems. These democratic processes are still unfolding and your input and views are critically important.

In light of the reporting on the matter that led to some confusion – together the City’s principle of communicating openly with the citizens of Cape Town – we would like to clarify a few matters relating to the System of Delegated Authority.

At the outset, and contrary to a number of media reports, the current delegations review remains as part of a proposal that has not yet been approved by Council or even considered by the Council. The review of the delegations system comes after engagement with internal structures, which has included consideration of sentiments expressed by various outside bodies, such as civic associations.

A previous report on this matter to the Mayoral Committee was not put to Council so as to allow for more discussion and refinement of the proposals. Over two months have passed and during this time significant changes have been made to the proposals.

This review of the system of delegations was necessary in terms of Section 59 (1) of the Municipal Systems Act, 32 of 2000 which necessitates that the system must “enable maximum administrative and operational efficiency in the affairs of Council”. Reviews of this nature are regular and required by law in order to ensure that Council processes ensure effective public input in planning matters, while ensuring that responsible and sustainable development can be achieved.

This review is in line with the City of Cape Town’s Integrated Development Plan, which commits the City to a planning regime that enhances and improves service delivery. At all times we seek to balance the prerequisite for local level engagement regarding planning decisions with the need for responsible development that helps create jobs.

The process of formal public participation is not under review or up for debate. The review mainly concerns the decision-making element relating to land use planning functions. Public participation processes will continue as is formally prescribed by law and Ward Councillors will continue to be informed of applications, as is the current practice. The City has always considered this a valuable and essential part of the process.

Despite reporting that suggested otherwise, neither the Executive Mayor nor any other single individual will be making all the decisions on planning matters. This was never an option and never will be. Furthermore, whatever structure of Council makes a planning decision, full auditable records are always kept to further enhance transparency.

Further discussion has led to the proposal that Subcouncils are to decide on all policy-compliant applications should any public objections be lodged when an objection has been received. When there is no objection from the community and a matter is policy-compliant, unnecessary delays will be avoided.

The City’s Spatial Planning, Environment and Land Use Management Committee will consider all larger applications that trigger environmental or traffic impact assessments. In addition, the law still allows for appeal to the relevant body in Council, regardless of which structure took the decision, thus allowing the opportunity for decisions to be reviewed where necessary. This means all decisions can be appealed, including that of the Mayoral Committee.

These checks and balances are fundamental to protecting the rights of all interested parties.

Notwithstanding the above at this stage of discussions, no final decision has been taken on the reviewed system and it is yet to be formally considered by Council. To date all that has taken place is debate and consideration of the merits of various models that will help to ensure administrative and operational efficiency, which is in line with democratic and consultative principles.

A primary driver of reviewing the delegations was to streamline accountability within the City by officials reporting to your elected representatives – not to vest power in any single person but rather to centre responsibility in the executive civil servant appointed to oversee the planning departments.

A single point of responsibility and accountability (not decision-making) of the previous functionally fragmented delegations to individual departments is now proposed – to ensure sustainable and integrated triple bottom-line (environmental, social and economic sustainability) decision-making.

Robust debate is a necessary part of reaching the best possible and most efficient decision-making system with the necessary transparency and accountability to the people of Cape Town. There is no need for any individual or grouping to feel that local input into planning decisions is being done away with, when in fact this will always be protected.

Please do not hesitate to get in touch with my office should you have any further questions on this matter.

Your role as civil society is deeply valued, thus please use this and other open channels of communication to ensure Cape Town advances as a world class city for its residents.

Sincerely
Councillor Garreth Bloor

From ECONOMIC, ENVIRONMENTAL AND SPATIAL PLANNING via CCID

CCID residential survey

The Central City Improvement District (CCID), the organisation that helps to make sure the streets of Cape Town’s CBD are clean, safe and caring, is currently conducting a survey of people who live in town.  By gaining a better understanding of how people use the city as a residential space, the CCID can better focus their services to make sure the needs of residents are met.

The survey will take you around 15 minutes, and by taking part, you stand to win one of three great prizes:

  1. An Apple iPod Shuffle
  2. A R200 dinner voucher for Bizerca Bistro
  3. A R150 breakfast/lunch voucher for Café Mozart

All results of the survey will remain confidential.  Overall results will be communicated to you through an exciting report that tells you more about your city and the people who live in it.

The CCID would very much appreciate your feedback, both in terms of Cape Town’s CBD and in terms of the CCID’s levels of service.

Here is the link to the survey: https://www.surveymonkey.com/s/CBDResidents

If you have any questions about the survey, please don’t hesitate to contact Andrew Fleming, the researcher at the CCID, directly at AndrewF@capetownpartnership.co.za

Missing characters in City management?

From the Cape Argus, by Monique Duval
, 4th February 2013

Long Street is the centre of Cape Town’s nightlife but noise issues are turning nightclub and hotel owners against each other. At a meeting hosted at the Pepper Club hotel this week to discuss noise in the Long Street area, Bettie Leedo from the city’s Health Department said they were looking at a new by-law to counter problems faced by the municipality in licensing nightclubs under the Business Act.

The meeting, attended by city officials, the Western Cape Liquor Authority, property developers, residents and nightclub owners, erupted in heated debate over the noise, with some bar owners accusing developers of not researching the area before building hotels. But developers and property owners hit back, saying many of them had spent millions investing in the area and were not prepared to sit back and let their investments slide.

Lawyer Derek Wille, who represents the Pepper Club, said his client was losing millions of rand as guests often checked out or demanded refunds as they could not get sleep over weekends. Leedo said under the Business Act the city could not close clubs that traded without the necessary licences and instead took legal action through the municipal courts. “This is a lengthy process. In one instance the city started legal proceedings against a nightclub in December 2011. The case has been postponed five times.

Since 2009, the city has received an increase in noise complaints from the Long Street area. We sought legal opinion on whether the municipality could write its own by-law pertaining to business licences and we’ve recently received feedback.” Good Hope sub-council chairman Taki Amira said the issues in Long Street were a result of the “retro-fitting of nightclubs into old buildings”. He said that a brief haul been sent to the mayor’s office for a new by-law and said the first draft was expected to be completed at the end of this month.

Byron Qually, convener of the Long Street Residents’ Association said: “The city has a comprehensive break-down on the effects of noise pollution ranging from health and work performance and behaviour. While these points are valid, they provide negligible documentation on how property investments are losing value due to an area being considered uninhabitable. Mayoral committee member for health Lungiswa James confirmed the City would be proposing a new by-law but said it was difficult to put a time frame on the process as it required public participation.

Copyright Cape Argus Newspaper

A well deserved key to Long Street …

It is with great sadness that we have learnt of Monique Duval’s decision to move on from her role at the CapeTowner newspaper.

The birth of the LSRA serendipitously coincided with the start of her career at the newspaper, and we are without a doubt more representative of the Long Street community due to her courage, journalist integrity, and persevering energy.

The residents, hoteliers, and religious leaders at the LSRA sincerely wish you well in your adventures, and we present you with this “Key to Long Street” for all the you have done.

Use it wisely and sparingly, as it can:

  • Open those hidden fridges and access Bob’s beer.
  • Unlock a funky musical without Lola’s knowledge.
  • Safely unlock the heart of Denzel Washington.
  • Gain access to a Maremoto hidden garden.
  • Jump the queue when caught in da Loop.
  • Remain Marvel’ous until the early hours.

The City does not have the authority to …

From the Cape Times, by Caryn Dolley
, 8th December 2012

More than a third of nightclubs along the popular city entertainment strip, Long Street, are operating without the necessary licences and the city does not have the authority to shut them down. Mayoral committee member for health Lungiswa James said according to city health records, 19 nightclubs were operating in Long Street. He said of these clubs:

– Seven have been issued with business licences to operate as nightclubs.
– One was refused a licence, the owner reapplied for one and this was being re-assessed.
– Seven have pending licence applications.
– Four face legal action to ensure compliance (one’s licence is under consideration, one has been warned to apply for a business licence, one’s owner was found guilty of non-compliance and the fourth must still be inspected).

James said the Business Act did not authorise city officials to close an unlicensed club. “The city must therefore fine or summons errant owners to court where a magistrate may decide to close the premises while the owner obtains the applicable licence. “In terms of the city’s Streets, Public Places and the Prevention of Noise Nuisance by-law we have no authority to close licensed or unlicensed premises,” he said. James said the ownership of nightclubs changed frequently and with each new owner, the prescribed legal process needed to be followed.

City health members inspected licensed nightclubs at least once every three months. Unlicensed premises, and premises about which complaints had been received, were inspected more often. In Loop Street, parallel to Long Street, a club, The Loop, has operated without the necessary licence for nearly a year. James said a recommendation to issue an entertainment licence could not be made due to outstanding requirements relating to approval of building plans and submission of a noise impact assessment.

The Loop’s general manager, Vaughan Cragg, told the Cape Times the club had a liquor licence. He said “70 percent of the places in Long Street don’t have business licences”. James said the owner of The Loop had been summoned to court “for trading without the required business licence”. He said an application for a business licence for The Loop was made in the name of a company, The Business Zone 983 CC, and a person by the name of Mark Roy Lifman was listed as being in charge.

Earlier this year Lifman, a Sea Point businessman, was arrested in connection with another matter – allegedly running the bouncer company Specialised Protection Services (SPS) without being registered with the Private Security Regulatory Authority, as required by law. SPS operated at 60 percent of the province’s clubs, including the majority in Long Street, before being shut down.

The Long Street Residents’ Association website said while it believed entertainment was “crucial to the development of Long Street”, noise was problematic. Richard Bosman, the city’s executive director of safety and security, said if noise complaints were received, a process would be followed including issuing a written warning and possibly the impounding of equipment.

Copyright Cape Times Newspaper.

Lawyers start circling local government …

From the CapeTowner, by Monique Duval, 29th November 2012

Residents and businesses in the central city have been asked to “play nice” and be “good neighbours” during the festive season as resources are limited. Brandon Golding, chairman of the Cape Town Community Police Forum (CPF) said this at a police imbizo held at the Cape Sun, last week . “So we have to work smarter, be good neighbours and the community needs to report suspicious behaviour,” he said.

Central City Improvement District (CCID) security manager, Muneeb Hendricks said they were also preparing for the festive season by installing incident mapping systems and cameras on the mobile kiosks around the city. Daniel Rezant from the City Film and permit office said of the 208 events which will be held across Cape Town, 28 were planned for the CBD and the biggest is the switching on of the festive lights which takes place on Sunday December 2. Several roads surround the Grand Parade will be closed and officials are expecting 40 000 people to attend. “There is also the Harrington Square block party on Friday December 7 and the summer market at the Company’s Garden,” Mr Rezant said.

The issues surrounding tables and chairs took centre stage when John Davidson, the owner of Bob’s Bar said establishments in Long Street were still being fined. Following a meeting between police, the CPF, ward councillor Dave Bryant and bar owners in Long Street an agreement was reached to wait for the City to get legal opinion on the permit system before any further action was taken. However, Mr Davidson said this was not the case as police officers continued to fine establishments that serve alcohol to the outside tables. “We all need to know what is going on as we cannot operate our businesses on a shoestring. Police officers keep passing the buck, but we cannot go on like this,” Mr Davidson said. After making a phone call, Mr Golding said he had confirmation from the Cape Town CPF Cluster head, Peter Mead, that while ordinary liquor checks will be taking place, establishments would not be fined for outside tables. “We have confirmed that the normal liquor checks regarding licences are taking place in Long Street but police officers will not be fining establishments for outside tables,” Mr Golding said.

Noise complaints in Long Street also took centre stage when labour lawyer Michael Bagraim questioned Mr Hendricks about noise pollution in the area. “I represent a group of hotels on the upper end of Long Street and over the past three months, the noise situation has worsened. “We have found that it is particularly bad between 11pm and 3pm and with the festive season coming up, I want to know what you are doing about it,” Mr Bagraim asked. Mr Hendricks said the CCID security officers had no jurisdiction to take action against noisy clubs, instead they ask them to turn it down. “The correct channel is the City of Cape Town inspectors and they can now confiscate the clubs’ sound equipment,” Mr Hendricks said. Norbert Furnon-Roberts said the possible pedestrianisation of Long Street could help with noise issues.

Geoff Madsen, developer of Flatrock Suites and Janis Ross of Maremoto agree with Mr Bagraim. In a seperate interview, Mr Madsen said while some club owners co-operated many made no effort. “At Flatrock Suites, we have many people who are selling their apartments because of the noise and many of them are selling below the market price. “The value of the building has dropped by more than 27%. I have raised my concerns, but have been told that because we live in the city we have to put up with it and that it goes against the development of the city,” Mr Madsen said.

Ms Ross said after spending an evening at her boutique hotel on Saturday November 24, she believed the situation was worsening. “The noise levels were the usual bass, boom boom sounds getting louder as the night progressed. “However, the major problem was at about 4.30am when I was woken up by the hooting of taxis spread right across the road and backed up solidly from the Urban Chic Hotel to the Long Street baths. “This lasted for about 30 minutes. This could and should be avoided as the noise levels are unacceptable. “There must be policing and law enforcement during these times to eliminate this harassment urgently.

“The noise in Long Street has worsened due to a lack of enforcement of sound levels and the behaviour of bar patrons and owners,” she said. Ms Ross said the noise had a negative impact on her business as people no longer booked into the hotel and said tourists only stayed for a few days. Byron Qually, convenor of the Long Street Residents’ Association (LSRA), said thanks to Mr Madsen who helped connect night club owners and residents at the top of Long Street, there has been some improvement. “The owners of Marvel and Cafe Royale have responded to residential concerns and reduced their noise footprint. Unfortunately noise concerns are still very much part of the rest of the Long Street community,” he said.

He said the association had raised their concerns with Mr Bryant who said he sympathised with the LSRA concerns regarding noise. “Unfortunately the extent of resolution appears stop there. “For example at a meeting requested by the LSRA in April 2011 and organised by the City, it was minuted that Mr Bryant would provide feedback on ‘Exploring the option of a full time and dedicated sound task team, who are trained and authorised to intervene in noise disputes when they occur at night’. “Minutes were sent to him, and have been publicly displayed on the LSRA website. “We have had absolutely no feedback from him regarding this request. “Similarly, when a noise dispute occurs on the weekend and he is called for advice on how to resolve it, only a voice message option is available,” he said. Mr Qually said while pedestrianising of the street, may help resolve pollution from car sound systems, it was unlikely to resolve the night-club sound pollution.

Copyright Cape Community Newspapers, part of Independent News and Media.

Long Street needs innovative solutions, not more legislation …

From the CapeTowner, by Monique Duval, 8th November 2012

The debate around the sale and consumption of alcohol at the outside tables in Long Street has reached fever pitch with owners of establishments claiming it could have a negative effect on business (“’Kerbing’ boozing”, CapeTowner November 1). The issue was first raised in the ward forum meeting where ward councillor Dave Bryant said there had been ongoing discussions about whether it was legal to drink outside. Owners of bars and pubs were fuming last week after they were fined.

John Davidson from Bob’s Bar said while he wasn’t aware of any new fines being issued this past weekend, he feared the banning of alcohol consumption would not only have devastating effects on his businesses but it could change the vibe of the street. Mr Davidson said if tables and chairs were causing problems relating to crime then the safety aspect should be dealt with, taking away the tables wouldn’t solve the problem.

“The tables outside add to the vibe of Long Street and banning the sale and consumption of alcohol could prove detrimental to business. It’s important for authorities to understand that all of this is linked. “If you take away the tables and move drinking inside, the businesses will see a loss of income and so it will affect the amount of staff we employ, for example. It also part of what Long Street is about, who wants to come to a pub and be forced to have a beer inside on the hot summer days,” he said.

Graham Albone, co-owner of Mojitos agreed and estimated that if he could not serve alcohol at the outside tables he would have lay off at least three staff members. “In Europe you can have a drink at the outside tables so why not in a city like Cape Town? “As long as the tables are not hampering pedestrian flow then I don’t see what the issue is,” he said. Mr Albone said that according to the leasing form he received from the City of Cape Town he had permission to have six tables outside his establishment and said there was no indication on the lease that he couldn’t serve alcohol out-side.

“Mojitos has been open for a while now and I have never been told it’s a problem. I really don’t understand why it’s an issue and I don’t understand why the focus is on Long Street. “Yes, there are crime issues but it’s not related to the tables and chairs, I have seen more bag snatchings inside establishments than outside,” he said. Darren Gunn, a manager at the Dubliner said while the issue of serving alcohol on the pavements didn’t really affect them as they stopped serving alcohol outside at 11pm, he believed taking it away is a “bad idea”. In previous comment Mr Bryant said serving alcohol on the pavements was illegal and that the City was looking at implementing a new leasing system to make provision for the consumption of alcohol at the outside tables.

However, when asked for clarity on the legality of the outside tables Philip Prinsloo, spokesperson for the Western Cape Liquor Authority, said it wasn’t illegal as long as establishments had permission to do so. He explained that permission to trade on the pavement is given by the City, which stipulates the conditions. “When applying for a liquor licence, applicants attach the letter from the City of Cape Town. Part of the requirements is for the applicant to hand in a comprehensive floor plan and site plan. If they are trading lawfully, they should not be penalised,” he said. Mr Prinsloo explained that if the application is granted the tables are marked as part of the designated liquor area so establishments that have permission from the licensing tribunal cannot be fined.

Mr Bryant said he had held meeting with mayoral committee member for economic, environment and spatial planning, Alderman Belinda Walker, about the issue. “We are waiting for legal opinion and while there have been proposals like marking the trading area we need to hear the legal opinion before we do anything. “We want to put a system in place to ensure that establishments are compliant and we certainly don’t want to take the tables away,” Mr Bryant said.

Long Street resident and research and design consultant Byron Qually believes that a creative approach and innovative solutions can be found that suits pubs and clubs as well as the authorities. He said as a resident who frequents the coffee shops and restaurants on Long Street, he didn’t have a problem with alcohol consumption on the pavements and didn’t agree with the notion that the tables are a crime generator. He agreed with establishments that the banning of alcohol at the outside tables would take away from the vibe of Long Street and said the unique open socialisation between establishments and even pedestrians is key to Long Street’s character and success.

“The use of legislation and by-laws to resolve concerns appears to be the primary approach by the City. Many of these laws are antiquated and date back to a very different Cape Town, and the by-laws tend to top-up rather than bring a new approach to problem resolution. “There is no clear design answer to the problem of crime in Long Street, though there are many process that can be used to help find one, for example participatory design. Similarly the issues we are facing are not unique, and many international design against crime initiatives have been set up. “As these examples note, the solutions that design could bring is not by subtraction, but by addition. In other words, with creative approaches and innovative solutions, an inclusive solution can be found that suits the Long Street community.”

Copyright Cape Community Newspapers, part of Independent News and Media.

Refurbishment of the Turkish Baths and Long Street pool …

From the CapeTowner, by Monique Duval, 25th October 2012

Although the refurbishment of the Turkish Baths and Long Street Pool has been considered a low priority by the City, an architect has decided that the unique facility deserves more attention. Karinina Ingwersen from Oranjezicht tabled her report on the complex to the ward forum at a meeting held on Tuesday October 16 where she explained that she has re-drawn all the floor plans to give officials a better understanding of what the property consists of and what work needed to be done. “It s a unique facility and we cannot let it deteriorate any further. I drew the report to motivate the refurbishment of the Turkish Baths and Long Street Pool. “I think it is an embarrassment. Long Street is such a vibrant part of Cape Town and so I feel we must do something about the amenity which is already used by many in the community,” she said.

In her report, Ms Ingwersen outlines the issues including the basic maintenance it requires and she has made proposals on the adjustment of the layout to optimise its usage. She explained that the facility consists of six erven which are zoned general commercial and general residential. The pool was built in 1908 and the Turkish Baths were inaugurated by Councillor Sam Goldstein in May 1927. According to a plaque which dates back to 1998, the murals inside the Turkish Baths were painted by Gregg Smith. Ms Ingwersen said the architectural style of the building could be defined as Art Nouveau and Victorian. She said while the interior of the Turkish Baths had a Middle East ambience, as would be appropriate for its function and cultural originality. She said the amenity is situated in a conservation area and is protected by the National Heritage Resources Act.

Ms Ingwersen told the forum the baths and pool were in dire need of an upgrade and general maintenance would not be enough. “I really hope this helps motivate the City to do something, the longer we wait, the more derelict it will become and even more expensive to remedy,” she said. The facility first came under the spotlight nearly two years ago when former ward councillor, Belinda Walker said visitor numbers were dropping. In previous comment given to the CapeTowner, mayoral committee member for community services, Tandeka Gqada said the City was currently tiling the hot room, two steam rooms, and the floor, installing new benches in the sauna and carrying out electrical repairs at the Turkish Baths (“Turkish baths a low priority, says City”, CapeTowner, October 4). In her proposal, Ms Ingwersen said maintenance would form a big part of the overall renovation and so should be done simultaneously.

Her proposal includes ideas to create a new passage that will run from the entrance to the pool. “This will offer more controlled access. At present access for all is either through these change rooms – compromising security and privacy – or through the upper level passage and balcony onto the spectator seating, and therefore are not ideal options,’ she said. Her proposal also includes further changes to the mezzanine level, the change rooms and the general clean-up of the Turkish Baths. Ms Ingwersen estimated that the refurbishment of the facility could cost up to R10 million and questions on what basis it was ranked as a low priority. “Here is a straightforward opportunity waiting to be taken by the council: to turn around the existing overall deteriorating situation into a beneficial and vibrant place of healthy activity, where developed potential opportunities will secure a more viable financial basis.

“It will be a successful project to be proud of, a social upliftment confirmation and a far better financially rewarding enterprise. The proverbial feather in the cap. “Future maintenance will be remarkably reduced to a minimum. “Hopefully this report will serve as convincing incentive and motivation to secure adequate fund allocation for a well-deserving project,” she said. Ward councillor Dave Bryant said while he welcomed the report he didn’t think the City would be able to fund it but that it shouldn’t deter the community from raising funds. “I think it’s great that she has put this plan together but I think at the moment it’s a bit out of the reach for the City. It was very interesting and we will soon set up a meeting to discuss the report with her,” Mr Bryant said.

Copyright Cape Community Newspapers, part of Independent News and Media.

All her responses were sent by email …

From the CapeTowner, by Monique Duval, 4th October 2012

MONIQUE DUVAL Residents in Bree Street and the Community Police Forum (CPF) have objected vociferously to an application by the Orphanage cocktail bar which has filed an application with the Liquor Licensing Tribunal to alter its premises. Orphanage marketing manager Katie Friedman said while the existing premises would remain as they are, they plan to expand into the adjoining building at 11 Orphan Street. “Orphanage is tiny and we are doubling the size of our space to make it more comfortable and to increase focus on our food offering and flexibility. We also want to have a fully-sound-proofed building,” she said.

But the application has not been welcomed by the Cape Town CPF who claim the granting of the application would have a negative effect on surrounding residents. According to the objection lodged by the CPF, chairman Henry Giddy said the Orphanage was known for causing a noise nuisance and said the section of Bree Street could not be compared to the party hub that exists in the upper end of Long Street. “The residents have for many years lived peacefully in the area and are they are being severely prejudiced through the existing operation of the Orphanage as indicated by the numerous listed noise disturbance complaints,” Mr Giddy said.

The 14-page objection also consists of photographs taken from an apartment in CPI House to show how close the bar is as well as photographs showing patrons on the pavements outside the establishment. Resident Nanine du Plesis said since the Orphanage opened, she had to deal with loud music from 10pm to 2am every day and said she has reported the bar several times. “I phoned the Central City Improvement District (CCID) and the police, and I have references to prove it. “I even notified Charlene Vassen, the senior inspector from the City to come and inspect, but unfortunately they arrived after 2am. I live very close to the bar so I am directly affected by the noise that’s why I am objecting,” she said.

The application also includes the extension of liquor trading hours from 2am to 4am. But in the objection Mr Giddy said if one or more establishments in upper Bree Street are permitted to trade beyond 2am, it would act as a magnet for the criminal element operating in the Long Street area. “Upper Long Street generates a significant amount of crime ranging from pick pocketing, robbery, armed robbery and theft from motor vehicle. This is as a direct result of the prevalence of night clubs and the inevitable criminal element the industry attracts. “By analysing the monthly crime map for August (2012) the CPF identified 11 cases of robbery and eight cases of theft out of motor vehicles reported to the police in the upper Long Street area. That compares to zero cases of robbery and four cases of theft out of motor vehicles in upper Bree Street in the same period. “The situation in Long Street would have been far worse had it not been for additional crime containment measures in the form of six Central City Improvement District (CCID) officers and police officers deployed in the Long Street,” he said. Mr Giddy said that neither the police nor the CCID could provide extra resources to Bree Street, should the application be granted.

However, Ms Friedman said she found this odd. “If the Orphanage had wanted to open on Long Street, we would have done so – we chose Bree Street as we enjoy the diversity of its offering. We do not see our current bar as a ‘nightclub’ we are a cocktail bar (emporium), which happens to have a DJ. “The intended Orphanage will be an intimate nightclub with a stage, harking back to the glamorous 1920s style of night clubbing but this will be in a fully sound-proofed and purpose-built building. “Since opening we have had one incident of a bag being taken (or lost). In the past six months there have been no other incidents relating to Orphanage or our guests. “Our guests are generally well-heeled Cape Town inhabitants. “It’s also worth noting that prior to us opening, there were regular instances of the businesses on either side of us being broken into. Since opening this has stopped. “We have superb private security both inside and out and we take our social and neighbourly responsibilities very seriously,” she said.

Ms Friedman said the pictures of patrons on the pavements were misleading. “Orphanage customers are not permitted to consume alcohol or block the pavement. “However, they are permitted to do both of these things on the gravel area and the stoep area. We have excellent security staff who ensure that customers do not remain on the pavement blocking access or consuming alcohol – taking a snap-shot of patrons crossing or walking towards our entrance or permitted areas is misleading,” she said.

According to mayoral committee member for Health, Lungiswa James, the Orphanage did not have a Health and Entertainment Licence and was fined on Wednesday August 29 for trading without one. She said an application had been made in May but had not yet been issued as the owner has not yet complied with the requirements set out by the City. When asked whether the bar’s management was aware of the requirements, Ms Friedman said: “We were not experienced bar-owners prior to the opening of Orphanage. We have been very surprised at the amount of permits, licences, permissions and inspections that are required to operate. “The red-tape is so overwhelming it is surprising that anyone opens anything in South Africa, but we will press on and all our applications are in process -– generally we are waiting for the council to respond or send an inspector which is why the application is not completed. “Orphanage completed all the requirements in the shortest possible time-frame, but we cannot be responsible for the laborious and seemingly-overwhelmed official process.”

Ms Friedman admitted the bar was not soundproofed and they were aware of all noise complaints. One resident who has lived in the area for several years, who asked not to be named, said the biggest problem was noise. “Noise from the music and the people who socialise in front of the venue. Before, most residents had the odd night where the Long Street noise would hit them, but now for many residents it is an almost daily occurrence. Obviously there is also a marked increase in traffic, parked cars, hooting taxis, aggressive car guards, drunken behaviour, shouting and so on. All of which are negative and new to our area,” she said. In response Ms Friedman said: “One cannot expect to live in the centre of Cape Town and not have noise. We agree there is an increase in traffic and parked cars, however, our security ensures external noise is kept to a minimum and guests are always requested to be respectful to neighbours upon leaving our premises.”

Nick Spencer from the Western Cape Liquor Authority said since the application was made, they have received seven objections. He told the CapeTowner that the application had been made under the new Act When asked what role the business licence played in deciding whether the application was granted by the Liquor Authority, Mr Spencer said: “Business licensing and zoning are municipal functions and responsibilities. “Under the new Act, the Liquor Licensing Tribunal looks at these two aspects only when an application for a licence is made. The Liquor Licensing Tribunal will consider the application as well as all representations received, and then make a decision.”

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From the CapeTowner, by Katie Friedman, 11th October 2012

In response to the article (“Bree Street battles”, CapeTowner, October 4), the second headline “City centre residents shouldn’t complain about noise, says bar manager” of the continuation of the article on page 2 is fabricated. No bar manager was interviewed for this article, all responses were made in writing and reporter Monique Duval has said: “The headline was taken from your response to the questions posed by us.” Our response was: “With respect, no-one can expect to live in the centre of Cape Town and not have noise.” Which in no way relates to the sub-headline. It’s also worth noting your omission of the first part of our sentence, which is quoted in the article too, which again skews the perception of what was actually said.

We believe this subheadline and dreamed up quote will seriously compromise and prejudice our licence applications. As a result it will have a serious impact on our business – we are surprised that the CapeTowner with whom we have only had positive dealings in the past operates in this way – creating an untrue quote or headline to sensationalise a story. Additionally, the extra Word On The Street piece states “Orphanage said people cannot expect to live in the city and then complain about noise”. Yet another made-up quote. Additionally you state we are operating without a licence when all licences are either granted or are in application.

We will add this into our complaint to the Press Ombudsman. Shame on you. We are grateful for any comment you have on this fabricated headline. Thank you in advance for your assistance in helping us set the record straight.

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From the CapeTowner, by Monique Duval, 11th October 2012

Ms Friedman’s allegation that the quotes were fabricated are untrue. We investigated this case for several weeks before the report was published. In my conversations with the bar manager Raymond Endean, he told the CapeTowner that Ms Friedman, the marketing manager, would be responsible for liaising with the newspaper. In the second paragraph we stated that Ms Friedman was the marketing manager. The CapeTowner did not have a sit down interview with Ms Friedman as we were told she was in Europe. All her responses were sent by email so the fact that no interview took place is irrelevant because she provided a written response.

Nowhere do we state that there was face to face interview. The headline was taken from Ms Friedman’s response to a question we posed. This is what we sent her: “When asked what their reasons were for objecting to the application made by the Orphanage, one resident said: ‘I think the biggest problem we have faced since the opening of Orphanage is noise. Noise from both music and the people that socialise in front of the venue. ‘Before, most residents had the odd night where the Long Street noise would hit them, but now for many residents it is an almost daily occurrence. Obviously there is also a marked increase in traffic, parked cars, hooting taxis, aggressive car guards, drunken behaviour, shouting, all of which are negative and new to our area.’ Can you provide a response to this?”

Mr Friedman responded: ‘With respect, one cannot expect to live in the centre of Cape Town and not have noise. ‘We agree there is an increase in traffic and parked cars, however, our security ensure that external noise is kept to a minimum and guests are always requested to be respectful to neighbours upon leaving our premises.” We clearly asked her to respond to the complaint made by a resident so the headline is not incorrect.

The Word on the Street, is an opinion piece written by me. And in it l stated that the bars and clubs are required by law to apply for business licences. In an official response from the City’s Health Department, mayoral committee member Lungiswa James said the Orphanage made an application for the licence but that it had not been granted because the Orphanage had not as yet fulfilled all the requirements. It’s important to note that just because the business licence application has been made, it does not mean that approval is guaranteed. Councillors from the Good Hope Sub-council will still have to view the application and decide whether or not it should be granted. Based on the above, I don’t see how saying the Orphanage is trading without a licence is untrue.

The CapeTowner goes to great lengths to ensure that all articles are accurate and fair. We spoke to various sources and Ms Friedman was given a chance to respond to all the allegations made by the residents and the Community Police Forum (CPF). We have written responses to all the correspondence which will prove that there was no fabrication and will counter the claims made by Ms Friedman. Fine time Richard Bosman, Executive Director for Safety and Security, City of Cape Town In response to the article (“Bree Street battles”, CapeTowner, October 4), the City’s Liquor Unit responded to a complaint from the resident regarding the Orphanage and the following actions were taken:

– On Friday May 11 a noise warning was issued in terms of the Streets, Public Places and the Prevention of Noise Nuisance By-law.
– On Friday August 17, a R1 000 fine was issued in terms of the Business Act for operating without a business licence. A second noise warning was also issued, as the first one had expired. The complainant was given the contact numbers of the Liquor Unit, so they could be contacted if the problem re-occurs.

Copyright Cape Community Newspapers, part of Independent News and Media.

Data gathered cannot be appropriately assessed …

From the CapeTowner, by Monique Duval, 20th September 2012

An impressive 81% percent of businesses in the central city are happy with being located here – and 78% of them are likely to stay. These are the findings included in the latest report of the Central City Improvement District (CCID). The glowing report states that the CCID has invested R290 million in levies into the central city over the past 12 years.

In his presentation, CCID chairman Rob Kane said the report was done to get an independent objective view of the city and set a benchmark for progress. Mr Kane says the report is intended to be an authoritative guide for investors, business decision makers and government officials, who are looking for current information on the economic state of the Cape Town CBD. “The report is intended to be an authoritative guide for investors, business decision makers and government officials, who are looking for current information on the economic state of the Cape Town CBD. “The CBD contributes 24.5% of business turnover into the larger Cape Town metro region. This world class business district is strategically placed as an investment link to the rest of South Africa and a gateway into the African continent,” he said.

The report was welcomed by Good Hope Sub-council chairman Taki Amira who said the efforts of the CCID have added value to the central city. Mr Kane said they had invited 1 800 businesses to participate in an online survey and 244 businesses participated. “The profile of the 244 is a fair representation of the profile of businesses in Cape Town CBD. In a second survey, we interviewed 1 567 users of the CBD. These are people who are using the CBD for either retail, entertainment or business purposes. It is a representative sample of the people that you see walking in the CBD,” he said.

For the report, Mr Kane said they also interviewed a mix of people who moved around the CBD, including tourists. “In order to ensure that we end up with a representative sample, we divided the CBD into geographic areas and allocated interviewers to each area. They interviewed people between 8am and 2am from Wednesday March 14 until Tuesday March 20. By doing this we could control for any bias – whether it was from a time of day, day of the week or area point of view,” he said. Mr Kane said the on-street survey was designed to find out what people thought of the Cape Town CBD as a geographic location and was aimed at “The business user survey was designed to find out what business users thought of the services of the CBD in general and the CCID’s services in particular. The findings presented were a summary of the opinions of both groups of respondents,” he said. Mr Kane said the business survey focussed only on businesses, while the user survey may have involved business owners who were walking at street level and who were intercepted by interviewers.

Byron Qually, convenor of the Long Street Residents’ Association (LSRA) said residents should have been included in the survey because they contribute to CCID levies and are part of the fabric of the city. He said the association considered the report to be highly valuable for both residents and developers wishing to enter the CBD. “The LSRA, being a residential platform, has the reach and intimate understanding of the state of the CBD, and it is surprising that we were not contacted to contribute to the report. “However, if the report is intended to complement the CCID’s marketing collateral, then there was no need to include the LSRA,” he said. Mr Qually said one concern was the research methodology used. “The summary on page 38 should point to an addendum illustrating the survey itself, where and how the respondents were canvassed, the demographics of those interviewed.

“Without this information, the relevance of data gathered cannot be appropriately assessed. “Although the report is an interesting read, it’s has an overtly positive tone akin to a marketing document. Surely the challenges facing a growing Cape Town CBD also warrant surveying and measurement in order to identify appropriate solutions,” he said. However, Mr Kane said the report was the beginning of a strong research footprint. “We will be building on the success of this initial survey in which we engage with residents and property owners in the CBD so that we have a better picture of the CCID and the CBD for residents. Residents are vital to the success of the CBD. “We have always welcomed any approaches by the LSRA or other associations, and encourage greater partnerships for effective collaboration in building our knowledge,” Mr Kane said.

Copyright Cape Community Newspapers, part of Independent News and Media.