Residents’ flee Cape Town CBD as nightclubs are above the law …

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

Despite the fact that the City has instituted legal proceeding against the Loop nightclub, residents claim they are “running scared” and are moving out of the area (“City noise on the rise” CapeTowner January 19). Residents in Pepper Street first raised concerns about the nightclub operating without a Health and Entertainment Licence in December last year. They also said the noise emanating from the club was excessive and kept them awake. When the CapeTowner contacted them again in January, they refused to comment on alleging they had been victimised. They said the club was owned by Sea Point businessman Mark Lifman, who also owns the Specialised Protection Services (SPS).

One resident who asked not to be named said he had just terminated the lease for his Pepper Street apartment and would be moving far away from any nightclubs. “The issue is that nightclubs in the CBD are above the law. “They open without having the necessary licences and cause hell for nearby residents. “We have all read the reports about the club’s ownership and as individuals we cannot put ourselves in the line of fire so for our personal safety we are opting to leave. “It’s a scary situation to be in and whether they close it or not, this will happen again. I have contacted the owner, of my apartment who is in London, informing that I will be leaving and he has not objected because he understands and is worried about the situation in Cape Town.

One has to question where the authorities are in this and what is the City doing as they are well aware that the club is trading without a licence,” he said. However, mayoral committee member for health Lungiswa James said Law Enforcement officers did not have authority to close the club. “But after legal proceedings have been finalised they will be able to. They are in consultation with legal services and the process has begun. Documentation has been submitted to the City’s legal section to summons the owner for trading without a Health and Entertainment Licence, which is a contravention of the Businesses Act of 1991,” he said. Mr James said while the club is operating without a licence, an application was made in December last year.

Mr James said that the application was made on behalf of a company known as Business Zone 983CC. According to the Government Gazette of November 2011, in the legal notices section, Mark Roy Lifman is listed as a member of Business Zone 983CC. Mr James said the City’s Health Department had received three complaints regarding The Loop nightclub and said two fines totalling R3 000 had been issued for operating without a licence. “The health department went to inspect the premises and issued the first fine in December. Documentation has also been submitted to legal services requesting that this matter be taken to court,” he said.

“Owners need to apply for a business licence to operate a nightclub. In order for the licence to be approved they need to provide a criminal clearance obtainable from the South African Police, the premises need to be properly zoned and sound-proofed, and would have to comply with relevant fire and building legislation. Once all the necessary line departments have indicated compliance with relevant legislation, a report is generated to the applicable sub-council with a recommendation to approve the business licence. Any nightclub would also have to have a valid Liquor Licence issued by the South African Police”.

Long Street Residents’ Association (LSRA) convenor Byron Qually said this was not the first time that residents living the area had opted to move because of noise battles with nightclubs. “Last year Long Street residents, who had lived in an apartment for over 20 years, left because of unresolved nightclub noise and intimidation from the nightclub. We know other residents who would like to leave the city, but are unable to due to family arrangements and financial limitations,” he said. Mr Qually said residents have become increasingly frustrated with noise pollution and have started to question City officials who, he said, seemed ill-equipped to deal with noisy clubs that were contravening by-laws.

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

Leave a Reply

Your email address will not be published.