Fresh liquor application

2019-02-26 06:00

The latest application to sell liquor to the public at Jumbo Cash and Carry in Hanover Park has raised concerns.

People’s Post reported in 2017 (“Jumbo liquor ‘not in public interest’,” 30 May 2017) that the store had a temporary liquor licence in place where they were allowed to sell alcohol to those in possession of a liquor licence.

However, in documents submitted to the City of Cape Town’s subcouncil 11, a new application has been brought forward which seemingly contradicts the previous, unsuccessful application.

Upon visiting the premises again recently, People’s Post noticed that the temporary liquor licence notices had been taken down. One was still not allowed to purchase alcohol without presenting a valid liquor licence; however, the store was stacked with liquor.

Ward councillor for the area, Antonio van der Rheede, said their approach is going to be the same as when the first application was brought forward, to which they objected.

“The community have applied their mind via the subcouncil processes, objecting to the granting of the licence to trade as a liquor outlet. We are guided by the legislation which gives us clear criteria for when you want to make an application. It is within those parameters that I have applied my mind as a councillor,” said Van der Rheede.

Lawyers representing Jumbo Cash and Carry have written to the subcouncil, as well as the organisations neighbouring their premises on the corner of Govan Mbeki and Heinz roads, who raised objections against their application before.

“That is not the way, because you are circumventing the processes that the City has. We are raising objections with regard to that and we will follow the due process. The powers that be need to follow up on this.

“This document that we have has been sent to the liquor tribunal as well. If they are not picking this up, then someone is not exercising their oversight with due diligence,” said Van der Rheede.

He questioned the wisdom of establishing the business there initially if the intention was to later sell liquor and that the subcouncil manager has communicated to those who have oversight.

“Councillors are also free to raise the red flag with the liquor tribunal on their own and then send it to the people who have oversight. There can’t be a set of rules for separate entities – we are all governed by the same legislation. Whether you have a small shebeen or a big outlet, the rules are clear. If you transgress, then that has to be dealt with by the liquor tribunal,” Van der Rheede said.

Ccouncillor Anthony Moses, who previously served on the Western Cape liquor tribunal, shed light on his view on the application.

“The application is in contrast with what the Liquor Act of 2008 prescribes. One of the violations in terms of the Act is in Section 34, where it speaks of the public interest. The latter part of the section says it should not prejudice the public within a community. What we have seen in the arguments of the applicant, he is saying that there are no public facilities close to the application for off-site consumption of liquor trading,” said Moses.

As previously reported, the GH Starck frail care centre is located near to the premises, while there is also a church next to the frail care centre, with Voorspoed Primary School less than 200m from the canal, which runs behind the building. Moses is also aware of the lawyer’s letters, seen by People’s Post, sent by the applicant to the organisations situated nearby.

“The applicant has actually intimidated community members by writing legal letters to them. I see there is a form of intimidation which violates the subcouncil processes in terms of the administrative law, the Systems Act and the Structures Act of Local Government. That is an abuse of that,” added Moses.

Moses cited other irregularities in the application such as the inclusion of extended hours as well as Sunday trading.

“As a municipality, there are first other prerequisite times which first need to be adhered to before you can grant extended hours for that,” said Moses. “This whole application, and also one of the most serious offences within the application, is that the applicant is already selling liquor at that property...? Why has this matter not been reported to the liquor tribunal? Obviously the application has a number of transgressions in it.”

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