Tag Archives: Muneeb Hendricks

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.

Dismay when only three people turned up …

From the CapeTowner, 6th September 2012

Officers from the Cape Town Central police station expressed their dismay when only three people turned up for their imbizo, even though notices were sent to the role players. Central City Improvement District (CCID) security manager, Muneeb Hendricks, said he was dismayed at the turnout after sending out more than 100 invitations by email.

“These meetings are important because they give the community an opportunity to liaise directly with police about their concerns. Over the past few years, I have noticed that when things are going well, few people attend,” he said. Mr Hendricks also said there was a shift in crime in the CBD from “major crimes” to “social crimes”. The police precinct covers the CBD, De Waterkant, Gardens, Vredehoek, Higgovale, Bo-Kaap and Oranjezicht, among other areas. However, the imbizo was held to discuss crime in various parts of the CBD including the central city, the Forsehore, the Grand Parade and the station deck.

Station Commander Brigadier Kolindhren Govender expressed his dissatisfaction at the turnout and said officers went out of their way to be there. “Cape Town Central is a very busy station and we need the community to come on board and raise their concerns with us about crime. “On average, more than 450 000 people come and go in to the CBD every day. “It is a very different police precinct in that we cover the residential areas, Table Mountain and the entire CBD. “In the CBD, we manage more than 600 liquor outlets and one only has to drive down Long Street on a Friday or Saturday night to see the problems we have to deal with,” Brigadier Govender said.

Geoff Madsen of the Long Street Residents‘ Association (LSRA) said he didn’t attend because he received no notification of the meeting. Mr Madsen said he attended previous imbizos and found them useful. “In my opinion the biggest crime problem is snatching of handbags, and drugs. A while ago my wife’s bag was stolen at Mojito in Long Street and we reported it to the police. They came to our apartment and weren’t very helpful. We then called our sector commander, Sergeant Clifford Saunders, who came out and helped us to report the case,” he said.

Responding to questions posed by the CapeTowner on the attendance at meetings, Gert Coetzee, a member of the De Waterkant Civic Association, said he was not surprised by the low attendance at the imbizo. “By scheduling a meeting with the public for a Thursday morning, the police commander was sure to exclude most of the community in the CBD and surrounds most residents are at work then. “The same goes for the Community Police Forum meetings – held during work hours,” Mr Coetzee said.

When asked whether the police had considered scheduling the meetings at a more suitable time for residents, Brigadier Govender said: “The arrangement with CPF, security roleplayers and Business of Cape Town CBD is for meetings to be held during business hours and community members will attend evening Imbizos.” Speaking on general crime trends in the CBD, visible police commander, Colonel Pierre Laubscher said dealing with crime in the CBD was a complex issue. “In the city, you find a little bit of everything.

This precinct cannot be compared to areas such as Mitchell’s Plain, where crimes are often gang related. A few months ago, we had a shooting outside the courts in Keerom Street and that was gang related. The city also never sleeps. We have to monitor what happens all the time,” he said. Colonel Laubscher said in the past month, 14 motorbikes were stolen in the precinct and in some cases, arrests were made before the vehicles were reported as stolen. He also said that thefts out of motor vehicle were a concern.

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

Understanding the law and how clubs operate without a license …

From the CapeTowner, by Monique Duval, 15th August 2011

Business licences, trading hours and lack of enforcement were the topics of discussion when residents met with City officials to tackle noise battles in the CBD. The Long Street Residents’ Association (LSRA) requested a meeting with Councillor Dave Bryant and other roleplayers including the Central City Improvement District (CCID) to raise concerns about clubs trading without the necessary licences and causing a noise disturbance. LSRA convenor Byron Qually said after two years of complaints there was no longer a question about whether there was a noise problem. He asked why bars and nightclubs were allowed to continue operating without health and entertainment licences. He highlighted O’Driscoll’s Irish Pub in Burg Street, where the owner had been found guilty in court for causing a noise nuisance, but continued to operate.

Mr Bryant read a response given by health director, Dr Ivan Bromfield which said the City did not allow or condone business that operated without a licence despite being fined or convicted in court. “The law enforcers are, however, reliant on either successful noise level readings or affidavits from affected persons before the repeat offenders can be summonsed back to court,” Mr Bryant said. Good Hope Sub-council chairperson, Taki Amira, said many of the problems faced by the City were a result of the municipality being tasked with carrying out national legislation. “To start, we must note that in order to operate a nightclub, you need two things. A liquor licence and a health and entertainment licence. The issue is that the Business Act is national legislation and the sub-council cannot refuse applications if all the requirements are met. For instance, we receive applications for adult entertainment businesses and while we would like to reject them we can’t if they meet the requirements,” Mr Amira said. He said among the problems faced by the City was the granting of temporary liquor licences. “Once they have that they start operating. We contact law enforcement agencies who visit the premises to check if their paperwork is in order. When we find that they do not have the appropriate licences they are fined. In some cases this deters them from trading but in other cases this is petty cash for them,” he said.

CCID security manager, Muneeb Hendricks said one way in which residents could assist was by keeping an eye on liquor licence applications. “We conducted an ‘exploratory mission’ to take a look at the noise problem. “What we found is that it is often difficult to single out a club because of the ambient noise. We should look into the possibility of compiling a report for residents which looks at what they can do to help. This issue was also discussed in the Cape Town Central Community Police Forum Meeting (CPF) and it’s important to remember that residents can make objections to the Liquor Board in the granting of liquor licences to problem clubs,” he said. Burg Street resident Ashley Lillie said in his opinion the biggest problem was the lack of co-ordination between City departments dealing with noise issues. Residents also questioned the methodology used when conducting noise readings.

Geoff Madsen, one of the developers of Flatrock Suites in Loop Street said that when he first decided to develop the residential block which also consists of hotels suites he loved the idea of bars, pubs and clubs in the area. Mr Madsen invited the CapeTowner to hear the noise emanating from Chez Ntemba nightclub in August. During the visit, the CapeTowner witnessed the roof of the club lifting and heard heavy bass coming from the premises (“Noise raises the roof”, CapeTowner, August 11). “Our residents and guests support these establishments and we have no intention of closing them. All, we ask is for them to comply with the law. “Now we have to spend R2.5 million on soundproofing. We have been complaining for more than four years about a certain club and it seems our concerns have fallen on deaf ears,” he said.

Mr Bryant said that after assessing the problems faced by Mr Madsen he too had some concerns. “How can a building which has a tin roof provide any kind of soundproofing,” he asked. At the meeting residents and officials also discussed the possibility of accompanying officials from the City’s Health Department when noise readings are done in the CBD as well as the possibility of funding additional law enforcement officers to inspect clubs when complaints are received.

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

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The following outlines the minutes taken by the LSRA at the aforementioned meeting:

Attendees: City: Councillor David Bryant and Subcouncil Chair Taki Amira
City Health Department: Lavinia Petersen and colleague
CCID: Mo Hendricks
CapeTowner: Monique Duval
LSRA: Approximately 10 individuals.

Document provided by the City Health Department on the LSRA questions:

Why are bars still able to operate knowingly without a license?

No answer provided.

Why are convicted bars owners allowed to continue with their illegal behaviour?

Some operators continue despite being fined or convicted in an court of law. The City does not allow or condone this type of behaviour. The law enforcers are, however, reliant on either successful noise level readings or affidavits from affected persons before the repeat offenders can be summonsed back to court.

Since 2009, what systems have the City Health Department introduced to assist residents with noise concerns?

The City enforces the Noise Control Regulations which allow for offenders to be fined in terms of exceeding the allowable noise limits and/ or to be summonsed to a court of law. The following systems are currently in place:
– Procedure for summonsing an alleged offender to court via the ‘noise nuisance” procedure in terms of the Noise Control Regulations. This procedure is based on affidavits from affected persons.
– Procedure for summonsing an offender to court when exceeding the noise limits – ‘causing a disturbing noise’. This procedure is based on successful noise level readings.
– Mandatory soundproofing via the Business licensing system.
– Arrangements for combined actions from various Departments are in place. Examples of these are where City Health with Law Enforcement or even SAPS. The CIDS are also included — especially on night-time surveys.
– Availability of staff in the Western district for night inspections increased from once every 6 weeks to every two weeks. This is especially useful where complainants do not want to provide affidavits.
– Increased the level of health court action against premises trading without business licences.
– Agreement reached that health would be informed of all complaints regarding noise that is received from the Call Centres. (Shannon and myself would receive and interrogate and forward as needed if action from City Health is needed – still in infancy and needs refinement as we have only received 6 complaints so far.)
– Regular meeting are held with all role-players involved in enforcement and legal actions where it relates to unlicensed business premises to enable better co-ordination and clear frames of reference.

Primary actions from the meeting:

– CCID and City: 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.
– City Health Department: To provide noise measurement test specifications, test procedure and acoustic report to the LSRA, and to invite members to a testing session.
– CCID: Provide a digital copy of their brochure on noise awareness to the LSRA for posting on the website.