Tag Archives: Cape Times

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.

There’s a legal process that needs to be followed. At the moment …

From the Cape Times, by Caryn Dolley, 2nd March 2012

LEGAL proceedings are being instituted against a city night-club operating illegally. The Loop, on the corner of Loop and Pepper streets in the city centre – believed to be owned by Sea Point businessman Mark Lifman – opened in December last year and has been operating without the necessary licences ever since. Other business owners have also complained about the club, but said they would no longer be drawn into the fray as they had been intimidated as a result.

Lifman is presently involved in another court case regarding an unregistered security company which he funded. Yesterday, Lifman’s attorney, William Booth, said his client owned many properties and businesses, but could not say whether Lifman also owned The Loop. Local community newspaper The CapeTowner reported that it was invited to attend the media launch of The Loop last year. A public relations company said at the time that the club was owned by Lifman, along with Gareth Botha and WaiSzee Sing.

Richard Bosman, the city’s executive director of safety and security, confirmed that The Loop was operating illegally “It is true that the club has been operating without an entertainment licence. To date, two fines for operating without an entertainment licence have been issued to the manager of the club.” Bosman said members of the city’s health department initially inspected the club’s premises. The first fine was issued in December. “There’s a legal process that needs to be followed. At the moment, the law enforcement officers do not have the necessary authority to close the club,” he said. Bosnian said after legal proceedings had been finalised the officers would be able to close the club. “They are in consultation with the legal services and the process has begun,” he said.

Bosman said documentation had been submitted to the city’s legal department to summon the club’s owner for trading illegally. He said the club did, however, have a temporary liquor license. Several people employed at various businesses have recently raised their concerns with the Cape Times about operations at The Loop. All declined to be named for fear of their safety. Among concerns was the noise level generated by the club at night. Some said they had since been intimidated by the club’s bouncers and as a result had withdrawn from trying to get the club closed down. Bosnian urged anyone who felt threatened to contact the police. Tasso Evangelinos, chief operations officer of the Central City Improvement District (CCID), said they were aware of the concerns regarding The Loop and had forwarded these to the city.

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