Residents of Nelson Mandela Bay’s Ward 5 have lost hope that the Eastern Cape Liquor Board will consider their concerns, as liquor licences continue to be issued — even to establishments facing more than 100 objections.
Residents have lost hope after their efforts to stop licences from being issued through petitions, objections, and reports to ward committees were ignored.
Once again, Ward 5 councillor Terri Stander has written to the Eastern Cape Liquor Board to raise concerns highlighted by residents on establishments in Central, Richmond Hill and North End.
She sent the letter on January 30.
That same day, the liquor board held a validation hearing for an establishment that applied to transfer the ownership of the business to another.
“Today, once again a validation hearing is held for a liquor licence application the people of Ward 5 do not want, — despite community objections indicating that some applications are not supported, the liquor board approves them,” Stander wrote.
“The people of Ward 5 have grown disillusioned with the liquor board and ask why should they object or attend the public participation hearings when the application is approved anyway.
“The community has submitted as many as 105 objections to one licence and has commented in the media that their health and safety is further at risk with each new licence issued, and a petition with 240 signatures online and over 100 on hard copy.”
Stander said the board indicated at two hearings that the constitution provided that people may operate a business.
“[They said] there is no law, regulation or policy against which the saturation of liquor establishments can be limited.
“Crime is present everywhere and it is the mandate of the police and the metro police to enforce bylaws.”
Matters of public interest and social impact listed in the letter include:
- The proximity of the establishments to schools, churches, rehabilitation centres and residential areas;
- The liquor outlet will likely contribute to crime, violence, or public disturbances;
- The scourge of drugs on the community;
- The scourge of alcohol abuse in the community;
- The high crime rates;
- Assault, stabbings, robberies just outside some establishments;
- Concerns for students as there is a high density of student accommodations;
- Gross public disorder; and
- There were already too many liquor outlets.
Central resident Owen Fredericks said the neglect of the area by the government manifested on weekends when crime and alcohol abuse played out.
“It is no longer safe walking around Central on weekends. Everyone seems drunk and criminals are on high alert for victims.
“It is sad for those of us who have houses and family here because this is not a place to bring up children.
“The clubs blast music until 6am and during the day loud music comes from the many cars that park here with young people publicly consuming alcohol with no law enforcement in sight.”
North End resident Titi John said they had fought against the operation of taverns or clubs for years.
“We have endured 11 years of living in hell but the community and people of all races came together, attended the hearings and submitted objections every time someone expressed interest.”
John recalled how there was a time they had objected against one tavern and later residents were visited by the owners trying to get them to change their minds.
“They had all our objections which makes one wonder what is happening at the board if people can get hold of private objections that contain their details.”
Liquor board spokesperson Mgwebi Msiya said it was not true that the entity issued licences in Central, Richmond Hill and North End that continuously violated trading conditions.
“The majority of applications considered from these areas are transfer applications, which are often from one person to another person or from a natural person to a juristic person,” he said.
“It is also important to note that when the board considers applications, it takes into account complaints that are directly linked to the establishments and applicant.
“Therefore, if there is no complaint the board received directly linked to the establishment or the liquor trader concerned, it would be prejudicial for the board to refuse an application that meets all the requirements as set out in the legislation.”
Msiya said the board’s legislative mandate was to balance the constitutional right for people to trade and consider the public interest.
“The board also considers safety issues when issuing a liquor licence, hence compulsory community consultations convened by the ward councillor are required.”
Stander said on Monday that the board’s application of the law was not equal as licences had not been issued in other areas where residents objected.
“But with me, they have mentioned how I have spoken to the media against them regarding this matter,” Stander said.
“The board has complete deniability when it comes to enforcing regulations when the closing times, drinking outside the demarcated area of the establishment and underage drinking is taken into consideration before issuing a licence as required by law.”
The Herald
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