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“ Te l lin g it a s it i s” E-mail: post@peoplespost.co.za
Tuesday 1 March 2011
Tel: 021 713 9440 Fax: 021 713 9481
Notice slapped on developer TERESA FISCHER
A
LOCAL businessman has less than 60 days to present suitable plans for construction at his problem-plagued building at a popular social spot in Kenilworth, or face further legal action by the City of Cape Town. The City’s Department of Planning and Building Development Management has confirmed that a notice to submit building plans for deviations to the original approved plans for the building have been issued to the owner of 166 2nd Avenue, Kenilworth, Alan Muller. This notice was, however, not complied with, and a new notice, which gives a 60-day response time, was issued by registered mail on Monday 14 February to the Therapeia Centre CC, represented by Muller. Tenants include Bella’s Music and Sports Pub, Sunny’s Chinese Restaurant and Trattoria Angelico at the business hub. The city also cut off the water supply to the building on Tuesday 15 February, following an article in People’s Post, in which it was alleged the owner had diverted water from the main pipe, bypassing the meter (“Time for action on ‘illegal’ building”, People’s Post, 15 February 2011). By Thursday 17 February there was still no water and it is understood there was an outstanding amount due for water. Cheryl Walters, director of Planning and Building Development
Cooling off Asmah (8) and Shakirah Ariefdi en (5), seeking some relief from the blistering heat, at the Sea Point public swim ming pool yester day. Weather services forecast extremely hot weather for the rest of the week after the tempera ture was expect ed to hit 37°C yes terday.
Management, confirmed the premises does not have an occupation certificate. An application for occupancy was received but this was withheld due to outstanding plans for deviations. In response to concerns that the pillars outside the Chinese restaurant were unsafe, Walters says: “These pillars have been checked on several occasions and were found to be safe. This is verified by a structural engineer’s report.” There were approved plans for the building but the developer had deviated from these plans. A notice to cease deviation was issued on 7 May 2009 and a further notice to cease work was issued on 18 June 2009. A summons was then issued for failure to comply. At a court appearance on 26 November 2010, Muller paid an admission of guilt fine. He then submitted building plans with the deviations included, but the application did not include an application to purchase a portion of City-owned land and to rezone. “The rezoning application was refused and the building plan application was turned down,” says Walters. Meanwhile, Ian Schnetler, Chief Fire Officer, Fire and Rescue Services, listed several contraventions at Bella’s Music and Sports Pub, which in November 2010 applied for a business licence. These included unauthorised building alterations, obstructed fire escape routes, the absence of
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signage to indicate exits, and a lack of fire suppression equipment and escape routes. The owner was not in possession of a population certificate, which specifies the number of people allowed in the venue, and there was no manually activated audible alarm. According to Schnetler, the due date for compliance, 10 December 2010, was not met. “A copy of the notice was sent to City Health’s Environmental Health Section, who have the authority to stop all business activities. “The Environmental Health Section confirmed that Bella’s business licence was not issued and that they can only trade as a pub with their liquor licence.” Bella’s may not serve food or play live music, but weekend braais on the balcony are allowed, according to Dr Ivan Bromfield, executive director of the City Health Department. However, a follow-up inspection of Bella’s was conducted on Tuesday 15 February, after which the capacity was reduced to 25 persons.
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A population certificate, fire escape doors and fire escape signage are not required when the population is 25 or less, including staff. In response to why a business can be granted a liquor licence if it does not have a business licence, Councillor Taki Amira, chairperson of the Liquor Policy Task Team and chairperson of the Good Hope Subcouncil, explains that this is a consequence of the existing Liquor Act, which does not contain an obligation to garner comment from communities. “The Liquor Act of 1989, which is currently in force, does not list the possession or a business licence or a zoning certificate or permission from a municipality as a prerequisite to apply for and be granted a liquor licence,” Amira says. Amira adds the DA lobbied for the right of local government and the ward councillor and community to have some say in the recommendation of liquor licences, which is now an integral part of the amended Western Cape Liquor Act 2008. This Act was signed by the Premier on 17 December 2010 and will probably come into effect in
September this year. “In future the new Western Cape Liquor Act makes provision for the police to, within seven days, lodge a liquor licence application with the local municipality. “The municipality may advertise this to neighbours and interested persons and may make a recommendation. The Liquor Authority will now have to consider these recommendations before granting licences.” He describes the Business Licensing Act as “a national piece of archaic legislation which gives very little leeway in refusing a business licence”. Business licences are issued by the City Environmental Health Department. Ward councillor, Montgomery Oliver, says: “Our hands are tied. The matter is now in the hands of the courts.” Oliver adds he believes that allegations regarding noise and “other nightly unsavoury activities” are being checked by the Claremont Police. Muller could not be contacted for comment by the time of going to print.
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