The City of Cape Town has slammed the brakes on its controversial liquor by-law while it awaits a legal review to test the legalities of the legislation.
This move comes as a group of about 150 club, pub and restaurant owners claim to have raised a R1-million war chest to fight the by-law in court before certain amendments are gazetted.
The Club, Bar & Restaurant Association of the Western Cape is planning to interdict the city from implementing its by-law once certain amendments have been gazetted.
Yesterday the city issued a statement that it had commissioned a legal review of its new liquor by-law before any amendments were gazetted.
“Except for a few minor technical adjustments, we don’t foresee any major changes to the by-law. We want to make absolutely sure that every aspect of the by-law passes legal muster before it is formally gazetted,” said Speaker Dirk Smit.
Asked if the city was “backing down”, Smit threatened to end the interview.
The city’s statement went on to say that Cape Town had the highest formal incidence of alcohol and drug abuse of any city in South Africa and the new by-law constituted part of the city’s strategy to address the scourge of alcohol abuse.
“With over 3,6-million residents from widely divergent social environments, the city has tried to strike a balance between various interest groups,” said executive mayor Dan Plato.
Danie Cronje, director of commercial services and liquor law at Cluver Markotter, who is assisting the association in its fight, said he was informed about the city’s decision to review the by-law.
“There are a number of problems with it. It’s going to be a problem to enforce it before the Provincial Liquor Act comes into effect,” said Cronje.
He said the by-law was still confusing as there was no clarity on which sphere of government prescribed the trading hours.
On the looming interdict Cronje declined to comment.
“The senior counsel is dealing with it. If the city won’t enforce the by-law it (interdict) may not be necessary,” said Cronje.
Shaan Nordien, who helped form the association, was less diplomatic. “We’re going to knock these guys (city) down. They’re getting scared. We’ve got the R1-million behind us for the fight,” said Nordien.
Justifying the by-law, the city said research had shown that the reduction of alcohol trading hours had a positive impact on alcohol abuse. It cited a study in Diadema near São Paolo, Brazil, and studies in Australia and in South Africa that have also shown positive effects resulting from cutting back on hours.
In Siyahlala, an informal settlement of around 1,300 dwellings in Nyanga, which had the highest murder rate in South Africa in 2006/7, a community initiative was implemented between May 2006 and June 2007, it said.
It said crime had plummeted from between five and eight murders a month to zero, and between 30 and 38 assault cases a month to between 10 and 17. One of the interventions involved getting shebeens to close by 9pm.
- Cape Times
This move comes as a group of about 150 club, pub and restaurant owners claim to have raised a R1-million war chest to fight the by-law in court before certain amendments are gazetted.
The Club, Bar & Restaurant Association of the Western Cape is planning to interdict the city from implementing its by-law once certain amendments have been gazetted.
Yesterday the city issued a statement that it had commissioned a legal review of its new liquor by-law before any amendments were gazetted.
“Except for a few minor technical adjustments, we don’t foresee any major changes to the by-law. We want to make absolutely sure that every aspect of the by-law passes legal muster before it is formally gazetted,” said Speaker Dirk Smit.
Asked if the city was “backing down”, Smit threatened to end the interview.
The city’s statement went on to say that Cape Town had the highest formal incidence of alcohol and drug abuse of any city in South Africa and the new by-law constituted part of the city’s strategy to address the scourge of alcohol abuse.
“With over 3,6-million residents from widely divergent social environments, the city has tried to strike a balance between various interest groups,” said executive mayor Dan Plato.
Danie Cronje, director of commercial services and liquor law at Cluver Markotter, who is assisting the association in its fight, said he was informed about the city’s decision to review the by-law.
“There are a number of problems with it. It’s going to be a problem to enforce it before the Provincial Liquor Act comes into effect,” said Cronje.
He said the by-law was still confusing as there was no clarity on which sphere of government prescribed the trading hours.
On the looming interdict Cronje declined to comment.
“The senior counsel is dealing with it. If the city won’t enforce the by-law it (interdict) may not be necessary,” said Cronje.
Shaan Nordien, who helped form the association, was less diplomatic. “We’re going to knock these guys (city) down. They’re getting scared. We’ve got the R1-million behind us for the fight,” said Nordien.
Justifying the by-law, the city said research had shown that the reduction of alcohol trading hours had a positive impact on alcohol abuse. It cited a study in Diadema near São Paolo, Brazil, and studies in Australia and in South Africa that have also shown positive effects resulting from cutting back on hours.
In Siyahlala, an informal settlement of around 1,300 dwellings in Nyanga, which had the highest murder rate in South Africa in 2006/7, a community initiative was implemented between May 2006 and June 2007, it said.
It said crime had plummeted from between five and eight murders a month to zero, and between 30 and 38 assault cases a month to between 10 and 17. One of the interventions involved getting shebeens to close by 9pm.
- Cape Times
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