Tag Archives: Fatback Soulbar

He has had enough and can’t understand why City officials don’t take action …

From the CapeTowner, by Monique Duval, 11th August 2011

Frustrated by a noisy club in Buiten Street, property developer, Geoff Madsen said he has had enough and can’t understand why City officials don’t take action. Mr Madsen is one of the developers of Flatrock Suites and said the Chez Ntemba nightclub continued to operate even though the City has confirmed that it is trading without a Health and Entertainment Licence. Mr Madsen said after he had taken Chez Ntemba to court for causing a noise nuisance it was instructed to close and fulfil the requirements set out by the City but it had failed to do so (“Noise battles continue”, CapeTowner, April 14).

The manager of the club had left and since then the noise had become unbearable. “When the manager, Lindi, left the noise became excessive. So one night I walked around the precinct from Joburg to Fiction to see where the noise was coming from. “One of the guys from Fiction took me to a room which overlooks Chez Ntemba and we could clearly hear that the noise was coming from there. “So I went to Chez Ntemba to try and sort it out. I was introduced to a man by the name of Serge who said he was the manager. “I took him and one of his DJs to my apartment to hear for themselves. “They said they would sort out the problem. However, the noise is now unbearable and I can’t find the manager anywhere. “The bass is so bad that I can’t even watch television from my couch without my whole body vibrating,” he said.

Mr Madsen said that like many other property developers he bought into the idea of developing the inner city to make it a great place to “live, play and work”, but he was worried that his investment was dwindling as many of the owners were now selling their apartments. “There are also hotel suites in the block and many guests check out in the early hours. Visitors have also been blogging about Flatrock Suites and the building is getting a bad reputation because people can’t sleep. “What makes it worse is that owners are selling their properties at 20% less than the market value,” he said. Last week Mr Madsen invited the CapeTowner to “experience” the noise.

The CapeTowner checked in on Friday August 5. The ambient sounds of nightclubs and cars passing by could be heard after 9pm; At 11pm, we could hear loud music and a DJ speaking but we could not pinpoint where the noise was coming from. We went into Buiten Street but there was no noise from Chez Ntemba. When we returned to the ninth floor apartment of Flatrock Suites loud music and bass could be heard from Chez Ntemba. The CapeTowner saw the roof of the club rattle along with the bass.

After two hours we called the Central City Improvement District’s (CCID) control room for assistance. The assistant said she would send a vehicle and later called back to say the official on the street could not hear any noise. When asked if a CCID vehicle which had a Law Enforcement Officer could see to the complaint, she said: “We only have one law enforcement officer and he is filling in a statement at Cape Town Central police station. We will send him when he is done”. The officer did not arrive. We then called the Metro Police for assistance and told the operator that the club did not have a licence. The operator said a vehicle would come soon. It did not arrive. The loud music and bass continued for most of the night and stopped shortly after 4.30am on Saturday August 6.

Byron Qually, convenor of the Long Street Residents’ Association (LSRA), said he has had numerous discussions with restaurateurs in the area adjacent to the nightclub. “They relate the arrival of exhausted and desperate residents who are battling to cope with sleepless nights caused by Chez Ntemba’s noise pollution,” he said. Mr Qually said the association was aware of similar cases where residents have left their apartments because of noisy clubs. “It is a great shame that two of the first LSRA members have been forced to leave their Long Street home of 14 years, due to the performance of their managing agent. “The agent allowed a night-club, Fatback Soulbar, to set up in the building without obtaining the required approval from their residents.

“Expectedly, noise pollution disrupted the residents’ sleep, and after a lengthy and public dispute, the LSRA members had to leave their homes because the excessive noise continued,” he said. Mr Qually said that in Victoria Court, the residential block in which he lives, he has seen property owners lose income because tenants terminated lease agreements due to nightclub noise. “Unfortunately this trend is increasing, and in some cases this is due to residents not having the legal resources to take a club or managing agent to court, but also as is becoming evident, the extremely slow moving and largely ineffective City’s Health Department, who just seem unable to mediate or resolve nightclub noise disputes,” he said.

In previous comment provided by the City, Health Director, Dr Ivan Bromfield said the club was fined R1 000 on October 7, 2007 (for causing a noise disturbance). “Thereafter the owner was summonsed to court in February 2008 without the option of an admission of guilt fine. “On August 21, 2008 the court closed the premises until Friday August 27, 2010 for compliance with the requirements as it related to the emission of noise,” he said. Dr Bromfield confirmed that the club does not have a Health and Entertainment Licence and said according to the department’s records the last application was made in 2007 but said it had since been withdrawn. “The City Health department cannot close any premises. “It is the the court’s decision,” Dr Bomfield said.

The CapeTowner has tried on several occasions to contact the club’s management for comment. The previous manager who is known only as Lindi said she no longer worked at the club and referred the CapeTowner to Tony Muller, the club’s general manager. The CapeTowner has tried to contact Mr Muller on several times but he had not responded to questions the CapeTowner emailed him. The CapeTowner also tried to find the new manager known as Serge, but was told by the doorman he was not there.

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

Dr Ivan Bromfield confirmed that the bar did not have a licence …

From the CapeTowner, by Monique Duval, 2nd June 2011

A Long Street couple say they have had enough and are ready to move out because of the noise from Fatback Soul, a pub which has moved in beneath their flat (“Long Street noise ‘too much’”, CapeTowner, November 4). Christiane and Johan de Villiers expressed their anger at the opening of Fatback Soul, in the space below their flat in November last year and said they were not consulted. Mr De Villiers said the mixed used building initially comprised retail shops which operated during the day and caused no disturbance. The couple say they have been fighting a losing battle with the bar’s owner for several months and at one point even tried to make a deal which would require the bar owner to keep the noise down on Wednesdays and Thursdays and allowing him to play loud music on Fridays and Saturdays. But they claim this agreement has not been kept. Mr De Villiers said the noise was so bad they now spent every weekend to Botrivier where they own a cottage. “We drive almost 120 kilometres every week to Botrivier. We go so that we can some sleep.

The bar plays music loudly from Wednesdays to Saturdays and there is no consideration for residents.“Other residents in our block have also started to complain and we have been informed Trafalgar Properties who manages the block of what is happening. We have been fighting this tooth and nail and the endless nights of no sleep is starting to affect our work. I have lived in this flat for 17 years and I love Long Street, but this issue has been going on for so long that I just want to leave for good,” he said. Mr De Villiers said sleepless nights were affecting their health. “When we do call the police and Central City Improvement District (CCID) with a complaint, the noise is reduced for a short while then turned up even higher, and the cleaning and locking up suddenly includes slamming doors and throwing bottles out in to the open courtyard ( the stairwell next to the bedroom windows of the two bottom flats), as well as repeating hooting when the owner and staff leave the premises,” Mrs De Villiers said.

Bar owner, Jeremy Phillips insisted that the establishment was not a nightclub but a bar with background music. Mr Phillips said he usually had a DJ playing and changing the music but said it was a bar. He said while people often danced there was no dance floor and the establishment was not a club. “We don’t play loud music. When police and the CCID do come out and respond to complaints, I invite them in and they always say they can’t see a problem. I am not here to piss people off, I am here to run a respectable business,” he said. Mr Phillips confirmed the agreement and said he was “sticking to it”. When asked whether he had a Health and Entertainment Licence, Mr Phillips said while it had been approved, he was told due to the elections he would only receive the documentation in August.

City Health Director, Dr Ivan Bromfield confirmed that the bar did not have a licence and said an application was first received in October last year. He said they first received noise complaints from Mrs De Villiers in November. Mrs De Villiers also said the City had taken the bar’s owner to court for trading without a licence. Dr Bromfield said: “ A written warning was issued on Monday October 25 in terms of the Noise Control Regulations. Noise level readings were attempted on Friday November 12 but no noise outbreak could be found. Noise level readings were again scheduled for Thursday November 18 but cancelled by the complainant as there was no significant noise outbreak. “On Friday December 17, noise level readings were taken from the complainant’s flat but no significant noise outbreak could be found. Council received a Noise Impact Assessment (NIA) from FatBack Soul on Monday December 20. “This NIA was rejected by the City due to fact that the survey was not done from the complainant’s premises. “A new NIA was called for but none has been received. The complaint has since been dealt with as a noise nuisance.”

While there are several clubs operating in the CBD, the CapeTowner asked City Health Director, Dr Ivan Bromfield, about the licences of these clubs.

Q. How many nightclubs are currently operating in the CBD?

A. City Health is aware of 28 premises that operate as nightclubs in the CBD.

Q. How many of them have Health and Entertainment Licences?

A. Seven of these premises have been licensed as a place of entertainment: nightclub or discotheque.

Q. How many clubs has the City taken to court in the past year for operating without a Health and Entertainment Licence?

A. The City’s Health department has taken the owners of 19 night-club premises to court for trading without a licence between May 1, 2010 and May 30 2011.

Q. How many clubs has the city taken to court in the past year for causing a noise nuisance and contravening the bylaw?

A. Of the 19 premises, three were charged with contravening both Businesses Act as well the Noise Control Regulations.

Q. If a club owner makes an application for a Health Licence and is waiting for it to be approved or rejected, are these clubs allowed to operate in the meantime? Can you please explain the reasons for this?

A. Section 2.33 of the Businesses Act stipulates that no person shall carry on a business which needs to be licensed in terms of the Act without such licence.

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