Tag Archives: Richard Bosman

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.

All her responses were sent by email …

From the CapeTowner, by Monique Duval, 4th October 2012

MONIQUE DUVAL Residents in Bree Street and the Community Police Forum (CPF) have objected vociferously to an application by the Orphanage cocktail bar which has filed an application with the Liquor Licensing Tribunal to alter its premises. Orphanage marketing manager Katie Friedman said while the existing premises would remain as they are, they plan to expand into the adjoining building at 11 Orphan Street. “Orphanage is tiny and we are doubling the size of our space to make it more comfortable and to increase focus on our food offering and flexibility. We also want to have a fully-sound-proofed building,” she said.

But the application has not been welcomed by the Cape Town CPF who claim the granting of the application would have a negative effect on surrounding residents. According to the objection lodged by the CPF, chairman Henry Giddy said the Orphanage was known for causing a noise nuisance and said the section of Bree Street could not be compared to the party hub that exists in the upper end of Long Street. “The residents have for many years lived peacefully in the area and are they are being severely prejudiced through the existing operation of the Orphanage as indicated by the numerous listed noise disturbance complaints,” Mr Giddy said.

The 14-page objection also consists of photographs taken from an apartment in CPI House to show how close the bar is as well as photographs showing patrons on the pavements outside the establishment. Resident Nanine du Plesis said since the Orphanage opened, she had to deal with loud music from 10pm to 2am every day and said she has reported the bar several times. “I phoned the Central City Improvement District (CCID) and the police, and I have references to prove it. “I even notified Charlene Vassen, the senior inspector from the City to come and inspect, but unfortunately they arrived after 2am. I live very close to the bar so I am directly affected by the noise that’s why I am objecting,” she said.

The application also includes the extension of liquor trading hours from 2am to 4am. But in the objection Mr Giddy said if one or more establishments in upper Bree Street are permitted to trade beyond 2am, it would act as a magnet for the criminal element operating in the Long Street area. “Upper Long Street generates a significant amount of crime ranging from pick pocketing, robbery, armed robbery and theft from motor vehicle. This is as a direct result of the prevalence of night clubs and the inevitable criminal element the industry attracts. “By analysing the monthly crime map for August (2012) the CPF identified 11 cases of robbery and eight cases of theft out of motor vehicles reported to the police in the upper Long Street area. That compares to zero cases of robbery and four cases of theft out of motor vehicles in upper Bree Street in the same period. “The situation in Long Street would have been far worse had it not been for additional crime containment measures in the form of six Central City Improvement District (CCID) officers and police officers deployed in the Long Street,” he said. Mr Giddy said that neither the police nor the CCID could provide extra resources to Bree Street, should the application be granted.

However, Ms Friedman said she found this odd. “If the Orphanage had wanted to open on Long Street, we would have done so – we chose Bree Street as we enjoy the diversity of its offering. We do not see our current bar as a ‘nightclub’ we are a cocktail bar (emporium), which happens to have a DJ. “The intended Orphanage will be an intimate nightclub with a stage, harking back to the glamorous 1920s style of night clubbing but this will be in a fully sound-proofed and purpose-built building. “Since opening we have had one incident of a bag being taken (or lost). In the past six months there have been no other incidents relating to Orphanage or our guests. “Our guests are generally well-heeled Cape Town inhabitants. “It’s also worth noting that prior to us opening, there were regular instances of the businesses on either side of us being broken into. Since opening this has stopped. “We have superb private security both inside and out and we take our social and neighbourly responsibilities very seriously,” she said.

Ms Friedman said the pictures of patrons on the pavements were misleading. “Orphanage customers are not permitted to consume alcohol or block the pavement. “However, they are permitted to do both of these things on the gravel area and the stoep area. We have excellent security staff who ensure that customers do not remain on the pavement blocking access or consuming alcohol – taking a snap-shot of patrons crossing or walking towards our entrance or permitted areas is misleading,” she said.

According to mayoral committee member for Health, Lungiswa James, the Orphanage did not have a Health and Entertainment Licence and was fined on Wednesday August 29 for trading without one. She said an application had been made in May but had not yet been issued as the owner has not yet complied with the requirements set out by the City. When asked whether the bar’s management was aware of the requirements, Ms Friedman said: “We were not experienced bar-owners prior to the opening of Orphanage. We have been very surprised at the amount of permits, licences, permissions and inspections that are required to operate. “The red-tape is so overwhelming it is surprising that anyone opens anything in South Africa, but we will press on and all our applications are in process -– generally we are waiting for the council to respond or send an inspector which is why the application is not completed. “Orphanage completed all the requirements in the shortest possible time-frame, but we cannot be responsible for the laborious and seemingly-overwhelmed official process.”

Ms Friedman admitted the bar was not soundproofed and they were aware of all noise complaints. One resident who has lived in the area for several years, who asked not to be named, said the biggest problem was noise. “Noise from the music and the people who socialise in front of the venue. Before, most residents had the odd night where the Long Street noise would hit them, but now for many residents it is an almost daily occurrence. Obviously there is also a marked increase in traffic, parked cars, hooting taxis, aggressive car guards, drunken behaviour, shouting and so on. All of which are negative and new to our area,” she said. In response Ms Friedman said: “One cannot expect to live in the centre of Cape Town and not have noise. We agree there is an increase in traffic and parked cars, however, our security ensures external noise is kept to a minimum and guests are always requested to be respectful to neighbours upon leaving our premises.”

Nick Spencer from the Western Cape Liquor Authority said since the application was made, they have received seven objections. He told the CapeTowner that the application had been made under the new Act When asked what role the business licence played in deciding whether the application was granted by the Liquor Authority, Mr Spencer said: “Business licensing and zoning are municipal functions and responsibilities. “Under the new Act, the Liquor Licensing Tribunal looks at these two aspects only when an application for a licence is made. The Liquor Licensing Tribunal will consider the application as well as all representations received, and then make a decision.”

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From the CapeTowner, by Katie Friedman, 11th October 2012

In response to the article (“Bree Street battles”, CapeTowner, October 4), the second headline “City centre residents shouldn’t complain about noise, says bar manager” of the continuation of the article on page 2 is fabricated. No bar manager was interviewed for this article, all responses were made in writing and reporter Monique Duval has said: “The headline was taken from your response to the questions posed by us.” Our response was: “With respect, no-one can expect to live in the centre of Cape Town and not have noise.” Which in no way relates to the sub-headline. It’s also worth noting your omission of the first part of our sentence, which is quoted in the article too, which again skews the perception of what was actually said.

We believe this subheadline and dreamed up quote will seriously compromise and prejudice our licence applications. As a result it will have a serious impact on our business – we are surprised that the CapeTowner with whom we have only had positive dealings in the past operates in this way – creating an untrue quote or headline to sensationalise a story. Additionally, the extra Word On The Street piece states “Orphanage said people cannot expect to live in the city and then complain about noise”. Yet another made-up quote. Additionally you state we are operating without a licence when all licences are either granted or are in application.

We will add this into our complaint to the Press Ombudsman. Shame on you. We are grateful for any comment you have on this fabricated headline. Thank you in advance for your assistance in helping us set the record straight.

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From the CapeTowner, by Monique Duval, 11th October 2012

Ms Friedman’s allegation that the quotes were fabricated are untrue. We investigated this case for several weeks before the report was published. In my conversations with the bar manager Raymond Endean, he told the CapeTowner that Ms Friedman, the marketing manager, would be responsible for liaising with the newspaper. In the second paragraph we stated that Ms Friedman was the marketing manager. The CapeTowner did not have a sit down interview with Ms Friedman as we were told she was in Europe. All her responses were sent by email so the fact that no interview took place is irrelevant because she provided a written response.

Nowhere do we state that there was face to face interview. The headline was taken from Ms Friedman’s response to a question we posed. This is what we sent her: “When asked what their reasons were for objecting to the application made by the Orphanage, one resident said: ‘I think the biggest problem we have faced since the opening of Orphanage is noise. Noise from both music and the people that socialise in front of the venue. ‘Before, most residents had the odd night where the Long Street noise would hit them, but now for many residents it is an almost daily occurrence. Obviously there is also a marked increase in traffic, parked cars, hooting taxis, aggressive car guards, drunken behaviour, shouting, all of which are negative and new to our area.’ Can you provide a response to this?”

Mr Friedman responded: ‘With respect, one cannot expect to live in the centre of Cape Town and not have noise. ‘We agree there is an increase in traffic and parked cars, however, our security ensure that external noise is kept to a minimum and guests are always requested to be respectful to neighbours upon leaving our premises.” We clearly asked her to respond to the complaint made by a resident so the headline is not incorrect.

The Word on the Street, is an opinion piece written by me. And in it l stated that the bars and clubs are required by law to apply for business licences. In an official response from the City’s Health Department, mayoral committee member Lungiswa James said the Orphanage made an application for the licence but that it had not been granted because the Orphanage had not as yet fulfilled all the requirements. It’s important to note that just because the business licence application has been made, it does not mean that approval is guaranteed. Councillors from the Good Hope Sub-council will still have to view the application and decide whether or not it should be granted. Based on the above, I don’t see how saying the Orphanage is trading without a licence is untrue.

The CapeTowner goes to great lengths to ensure that all articles are accurate and fair. We spoke to various sources and Ms Friedman was given a chance to respond to all the allegations made by the residents and the Community Police Forum (CPF). We have written responses to all the correspondence which will prove that there was no fabrication and will counter the claims made by Ms Friedman. Fine time Richard Bosman, Executive Director for Safety and Security, City of Cape Town In response to the article (“Bree Street battles”, CapeTowner, October 4), the City’s Liquor Unit responded to a complaint from the resident regarding the Orphanage and the following actions were taken:

– On Friday May 11 a noise warning was issued in terms of the Streets, Public Places and the Prevention of Noise Nuisance By-law.
– On Friday August 17, a R1 000 fine was issued in terms of the Business Act for operating without a business licence. A second noise warning was also issued, as the first one had expired. The complainant was given the contact numbers of the Liquor Unit, so they could be contacted if the problem re-occurs.

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

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.

Copyright belongs to the Cape Times.

Finally a bylaw comes into effect that can really help residents …

From the CapeTowner, by Monique Duval, 2nd February 2012

Residents in the CBD have welcomed the news that an amendment to the Public Places and the Prevention of Noise Nuisance By-law which allows the sound equipment at noisy clubs to be confiscated has now been promulgated. The amendment to the by-law was passed by the City’s Safety and Security Portfolio in March last year and promulgated in December.

City officials wasted no time in using the amendment and last week the Liquor Enforcement Unit issued a final notice on St Yves in Camps Bay and confiscated sound equipment at the nightclub on Monday January 23. “Following numerous complaints from the public about loud music being played, officers issued a notice in terms of the Streets, Public Places and the Prevention of Noise Nuisance By-Law. “In addition, the unit confiscated basic sound equipment used by the club including one amplifier, one speaker and two compact disc players. The equipment is valued at R15 000,” City officials said. However, CBD residents said they have been fighting noise battles for several years and hope the unit will soon hit Long Street and surrounding areas.

According to Richard Bosman, executive director for Safety and Security, a final notice was issued to the club before the equipment was confiscated. “As with this case, we issue a warning notice.and if it is not complied with, further action is taken – which may include confiscation of sound equipment,” he said. Mayoral committee member for health Lungiswa James said the city had received complaints about St Yves from nearby residents over 13 months. “City Health summonsed the club to court for noncompliance with the Businesses Act in May 2011. “The owner then submitted the required acoustic report and made changes to the premises so that it complied with the Noise Control Regulations. “This was verified by City Health and the case was withdrawn on Wednesday October 19. Subsequent complaints, inspections and further noise readings taken on Sunday December 25 showed that the sound system, which had been previously compliant, had been changed since it was assessed by City Health on Monday October 3. “This renders the previous acoustic reports submitted to the sub-council for consideration for licence approval void and a process to withdraw the business licence has been initiated,” he said.

Byron Qually, convenor of the Long Street Residents’ Association (LSRA) said while they welcomed the amendment, it was their view that if the health department had been effective and strategic in dealing with noise pollution the amendment would not be necessary. “However, if the amendment resolves the standoff between nightclubs and the Long Street community, we welcome it. “It is important to note that only specific nightclubs in the CBD are problematic, and are having an impact on neighbouring clubs that have installed effective sound dampening. “These problem nightclubs have brought the by-law amendment on all entertainment venues, due to their flat-out refusal to work with the communities that surround them, and ironically, in many cases even support them through patronage. “The most important benefit of the bylaw is that there should be no more unoriginal excuses from the health department and the officials dealing with noise that, “they are restricted by legal frameworks’. “Hopefully it will also take residents out of the trenches, and get behind City officials who can shield them from the real threat of victimisation,” Mr Qually said.

Most recently, some residents in the CBD claim they are facing a new type of noise. This they claim is coming from restaurants who have begun hosting gigs and live performances. Long Street resident Piers Allen wrote several letters to City officials raising his concerns about restaurants that are playing loud music. Mr Allen told the CapeTowner he first noticed this early in January. “The first event was stand-up comedy. My flat, and the block I live in, was bombarded with screaming, hysterical invective. “Even our security guard was at the end of his tether. “Other evenings it is loud music performance – amplified, all doors and windows wide open, amplification equipment practically out on the pavement. Intolerable,” he said. He said he had lodged formal complaints.

Mr James explained that the Business Act consisted of various categories, that deal with different types of businesses. “Restaurants must have a sale or supply of meals licence which indicates that the premises is suitable to sell or supply meals. If premises wish to have live bands performing, they must be in possession of an entertainment licence: cinema/theatre. “If loud music is played from a sound system and dancing occurs then the premises would have to apply for an entertainment licence: nightclub/discotheque. “In both instances soundproofing of the premises would be required,” he said.

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

There are also people urinating in the street and on the pavement around …

From the CapeTowner, by Monique Duval, 14th January 2011

A group of businesses that includes pubs, clubs and restaurants in the city centre will be applying for an interdict to prevent the City of Cape Town from implementing the controversial Liquor Trading Hours By-law. The group has met with its lawyers and will be questioning the constitutionality of the by-law. The group known as the Club, Bar and Restaurant Association (CBRA) held a meeting at the Chrome nightclub last week to discuss the issues. Shaan Nordien, owner of Chrome nightclub, said although the association had made submissions and presentations during the comment period, it had not received a response from the City. Mr Nordien met with the association’s legal team on Monday January 10 to discuss the case. “Our lawyers believe we have a strong case and we will be handing a letter to the City soon highlighting the association’s intentions,” Mr Nordien said. He said the main concern of the association was the stipulated cutoff time, which will force all establishments to stop selling alcohol at 2am. He said this will lead to a reduction of trading hours for all establishments. “We are not against the regulation of liquor sales, but this by-law will kill the industry and lead to loss of jobs. We are all licensed establishments and have been operating for years. This is going to cost us millions of rand but we have the funds and we are going to fight this,” Mr Nordien said. He said the interdict would only protect the association’s members. “It is a blanket interdict and will protect all members and establishments who are part of the association, others will not be included,” he said. He said the association’s legal team had found several loop-holes in the by-law and would be proceeding with the application. He said the association would also be suing the City for loss of income following the announcement that the by-law would be enforced on New Year’s Eve.

In a statement released by the City on Tuesday December 28, Councillor Taki Amira, chairperson of the Liquor Policy task team, said that at midnight on New Year’s Eve the bylaw would come into effect. “This means that bars and clubs in business areas will have to close by 2am on Saturday January 1. Those watering holes in or close to residential areas, which may currently enjoy late trading hours, will have to abide by the new legislation and close by 11pm,” he said. However, on Thursday December 30 the City said the by-law would not be implemented immediately but would be “phased in”. “The City would like to allay fears of club and restaurant owners with regards to the enforcement of the City’s new Liquor Trading Days and Hours By-Law. “The by-law will be phased in over the next few months and will not be stringently enforced until all role players have been extensively educated and informed about the new legislation.”

City Safety and Security executive director Richard Bosman said during the initial implementation of the by-law the City’s law enforcement agencies will register complaints from the public and keep a record for future reference. “The City will also register and review the complaints of those affected by the by-law to see how these can best be addressed. “With the implementation of the new smoking regulations the approach taken by law enforcement was first education, support and warning during the initial phase. “This is the approach we will follow with this legislation as well,” Mr Bosman said. However, club owners claim the “damage had already been done” as the initial statement was widely published and deterred party goers from coming into the city.

Vusa Mazula, owner of Zula Sound Bar, said he was annoyed that the first statement was made. “It feels like the whole thing was engineered. How can the City make such a huge statement and then turn around and change its tune? “This by-law will not only have a negative impact on businesses in the city centre but will negatively impact on tourism. “Most party goers only come into the city at 11pm. The busiest time for most clubs is between 1am and 4am. By reducing the hours for the sale of liquor most establishments will effectively only have one hour of trading,” Mr Mazula said. He said the by-law would see businesses run at a loss and in his view clubs will have to implement staff cuts. Mr Amira confirmed that the association had made submissions to about the by-law, but said he was not informed of the letter. He said the by-law was modelled on the Liquor Bill and based on research conducted in other cities around the world.

And while clubs, pubs and restaurants are in a froth over the new by-law, residents have welcomed it. Siranne Ungerer said she hoped the implementation of the by-law would lead to less drunken behaviour and noise in Long Street “We experience noise from the drunken patrons leaving the clubs and pubs and we also have a lot of fights. There are also people urinating in the street and on the pavement around us. “We’ve had our windows broken four times in the last two years due to people fighting and then falling against them,” Ms Ungerer said. One resident, who asked not to be named as she was currently involved in a dispute with a club in Long Street, said she supported the by-law as she hoped it would help to reduce the nuisance caused by noisy party goers.

Piers Allen, who has been living in Long Street since 1997, said he “whole-heartedly” supported the by-law and hoped it would improve the quality of life for residents.“It is with increasing dismay that we have experienced the night-environment being taken over by raucous clubs and bars that have no regard whatsoever for residents or passersby. “We have been fighting a losing battle, together with others including hotels and hostelries, trying to gain the support and assistance of the City to control excessive public noise and nuisance, which arises from so many drinking venues and the excessive consumption of alcohol. “This community-minded effort has seemingly had little appreciable effect on officers of the council: on the contrary – things have worsened considerably over the last 14 years,” Mr Allen said.

In his blog, Constitutionally Speaking, constitutional law expert, Pierre de Vos labels the by-law as “reactionary, misguided and counter productive”. “It is reactionary because it is based on a Christian Nationalist attitude which assumes that we should all go to bed at 2am, that having access to alcohol in a public place after 2am would somehow turn us all into evil sinners and that God will punish us if we were allowed to buy liquor on a Sunday,” he said. The by-law was misguided, in that, “it assumes that if one prohibits the sale of liquor after 2am this will somehow address the scourge of alcoholism and drugs in our community. This is, of course, a completely irrational and mistaken assumption. “Anyone who had visited the United Kingdom at the time when all bars were forced to close at 11pm would know that earlier closing times for bars and pubs do not necessarily prevent people from getting very drunk and making fools of themselves. “There is no evidence to back up the assumptions underlying this by-law,” he said. CBRA members met at Chrome nightclub yesterday, Wednesday January 12, to further discuss the issue, but at the time of going to print the outcome of this meeting was not known.

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