From the CapeTowner, by Monique Duval, 5th April 2012
The new Western Cape Liquor Act came into effect this week and with more than 700 liquor outlets in the City Bowl, the Cape Town Central Community Police Forum (CPF) launched its own Area Liquor Forum (ALF) which will be responsible for liaising with the community about any applications in their area. The ALF is a sub-forum of the CPF and will be spearheaded by Norbert Furnon-Roberts. And with a host of liquor outlets from hotels and restaurants to pubs and nightclubs in the city, the ALF has also established a set of guidelines to assist its members.
CPF chairperson Henry Giddy said the forum was formed because the new Act allows for more public participation on liquor applications and renewals. “It is only fair to potential applicants to know up front how this responsibility will be implemented and what the expectations of the community are. “The City bowl currently has 721 licences with many new applications a month. Given that the stakeholders now include the police, the City in terms of business licences, the ward councillor and the CPF, it’s easy to see there is room for the process to break down.
“The purpose of the new forum is to establish a link between the community and the processes of stakeholders to ensure no potential problematic applications fall through the cracks,” he said. Mr Giddy told the CapeTowner one of the biggest concerns for the CPF is the “blatant disregard for the community and the law” by a handful of outlets. “These premises are often guilty of multiple infringements ranging from trading hours, noise as well as permitting criminal activities, thus becoming a nuisance to residents, degrading the local area also being a burden on tax payers’ resources, which have to then step in to resolve these issues,” he said.
The forum has drawn up criteria for various establishments applying for liquor licences in the City Bowl. According to the guidelines, the criteria stipulated by the forum request that all nightclubs which apply for liquor licences should first obtain a Health and Entertainment Licence before their application for a liquor licence should be considered. When asked about the legality of this, Mr Giddy said: “Some of the criteria we lay out is not explicitly defined in the law. “However, according to the Liquor Act, the community may consider invoking the clause which states the issuing of the licence is not in the public interest. So the requirements of the community and what we, the community, feel is in our public interest is made clear to potential applicants up front.”
Mr Giddy said the clause relating to noise was intended to raise awareness among club owners. “We are asking nightclubs to ensure their entertainment licences are arranged up front as these licences cover the requirements in connection to noise emissions. The most frequent complaint we receive from the community is noise related, so the reason we include this clause is to raise awareness of the requirement by the City with the applicant, who often claims to not know of this requirement after the fact. “In terms of the waste management aspect, there has, in the past, been a lot of on consumption premises which simply dump their waste on the pavement after closing late at night. This makes it very unpleasant for the working public and tourists coming into the city in the early morning. “Also it is a burden on the City and the Central City Improvement District’s (CCID) cleaning services.”
The new liquor forum has been welcomed by members of the Long Street Residents’ Association (LSRA). Convenor Byron Qually said the association currently did receive notifications from the Good Hope Sub-council offices about new applications for liquor licences. He said the guidelines were welcomed as it would cover both nightclub internal operations, noise and the knock-on effects. “From what we are experiencing in the CBD, nightclubs and restaurants trade without the required licences. Similarly, with the high turnover of establishments, new owners simply trade on the previous owner’s licence. We are unsure if this is legal, and if the reused licence remains valid.
“The big question is how will unlicensed nightclubs be identified, and if they will be required to close until the guidelines have been met. “The guidelines tend to shift the responsibility from the City health department to the nightclub owners. “For example, the request to conduct an independent noise abatement study may speed up resolution for all parties involved. It is also clear that nightclub owners are required to take responsibility for their patrons leaving the club. This is a welcome guideline as the LSRA is receiving ongoing concerns from lodging establishments about drunken street-fights in the early hours of the morning at the top of Long Street,” he said.
Alan Winde, MEC for Finance, Economic Development and Tourism, described the Act as “the single largest intervention to reduce alcohol abuse and its related harms in the province”. “Through the Act, we aim to reduce the number of drinking spots in residential areas. We will also be cracking down on distributors and retailers who supply the estimated 25 000 illegal shebeens currently operating in residential communities. “Under the Act they will be liable for penalties that include very heavy fines, jail terms and the seizure of assets. We will not stand idly by as alcohol continues to destroy our communities – we are taking them back from the clutches of alcohol abuse,” he said. The liquor forum has created flow charts which explain the process of liquor licence applications and how and when the CPF get involved.
For more information on the liquor guidelines visit www.capetowncpf.co.za or email firstname.lastname@example.org or call 072 219 3010
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