Disgruntled residents near the Brackenfell train station has appealed a decision of the tribunal of the Western Cape Liquor Authority to grant a conditional liquor license to Papa Joe’s Coffee Shop, that plans to open shop in Kruis Road opposite the train station in Protea Heights.
The license was provisionally approved by liquor authority in August on condition that certain requirements be complied to.
Conditions include the approval of the land use application, a training certificate, trading hours between 10:00 and 24:00, and that no loud music be played on the premises.
Residents, who are not intrinsically against the new business, believe this application was made under the guise of a coffee shop with the main objective to sell liquor.
In their recommendation to the liquor authority, the City’s subcouncil 2 and ward councillor Marian Nieuwoudt did not support the application for the on-consumption liquor license citing several reasons.
In a report to the Liquor Authority, they stated that the premises was never intended for crowd activity, as it is in a residential area close to abutting neighbours.
It is further stated that the business site is identified as a hotspot in terms of anti-social behaviour and that passing school children on a daily basis and the operation of a soup kitchen for the big concentration of vagrants in the area make the premises unsuitable for sale of alcohol.
Meetings held
Two meetings were called by the liquor board – the last one being on 22 September where 48 residents strongly objected to the operation of the business.
However, not the liquor board or the applicant attended either of the meetings after residents indicated beforehand that they will not be swayed into any compromise.
Resident Dave Thomas expressed his unhappiness about the provisional license.
“What coffee shop operates until 00:00 at night?
“There is no indication of a menu or anything, and who is going to have coffee and cake at midnight?
“There is only six parking bays which means clients will have to park in the surrounding streets and block the entrances to our houses.”
Home owner Reckson Mulidzi says he was never consulted as a home owner living directly across the street from the shop.
“Granting the liquor license will negatively affect the neighbourhood as there is already chaos at the station,” he says.
Also, Ansie Mostert is worried about noise disturbance and is worried that the sale of alcohol will attract “criminal elements” to the area.
Another resident Neville Butler, says the location for the shop is all wrong. He too believes the coffee shop is being opened under false pretences to serve mainly liquor.
He is concerned that the sale of alcohol will have a negative effect on the entire area that already battles with lawlessness.
“The station is in a disgusting state with unlicensed street vendors doing their business there. They totally ignore law enforcement and I strongly believe that a business selling alcohol there will only make the situation worse.”
Mispa Coetzee, who owns the house behind the proposed property says they bought their home in 1983, when a café was operating on this property.
“This suited us well, but later ownership changed with people sleeping in the shop and hanging their washing over the fence. I can only imagine how this shop will operate with alcohol sales from 10:00 to midnight. We as residents don’t feel safe anymore.”
In another objection a resident who does not want to be named says they moved to Brackenfell from Mitchell’s Plain for a better and safer environment for their family.
“We have prostitutes on every other corner around the station and house robberies are happening daily in our area and it’s already a handful to handle and stress about. Granting a liquor license to Papa Joe’s will have a very negative effect on our area. We will not tolerate people blaring their car radios all hours of the day and night, not to mention the noise. I will not allow my children to suffer because of this.”
Coffee shop, gaming activities
According to Vincent Bergh of Vincent Bergh Liquor Law who represents business owner José Nunes, and brought the application on behalf of Papa Joe’s Coffee Shop, the liquor license was made for the operation of a coffee shop and gaming activities, and residents can’t prove otherwise.
“In the application, the nature of the business was described as a gathering place for residents, business people and tourists to meet up, relax and enjoy each other’s company and different types of gaming,” he says.
He says the business, that has not opened its doors yet, is not allowed to sell alcohol before the final approval of the license, should the appeal not be granted.
“The license has been provisionally approved on certain conditions, although the liquor authority acted outside of its scope of power to stipulate trading hours and that no music may be played.”
According to Bergh the determination of trading hours and entertainment (whether music is allowed or not) is, in terms of the Constitution, the competency of the local authority and not that of the provincial government.
He says residents are within their rights to object, but cannot speculate about the nature of the business.
“Should a licensed business not trade in terms of its licence conditions, there is ample protection for residents who are being affected by such failure. The law provides for residents to complain about noise and unruly behaviour to the police, the municipality or the liquor authority and the Liquor Authority can then revoke a liquor license,” he says.
TygerBurger could not reach José Nunes nor the liquor authority for comment.
