CITY OF CAPE TOWN EXTENDED LIQUOR TRADING HOURS POLICY
This policy is made in terms of Section 4A of the Liquor Trading Days and Hours Amendment By-law 2012. A licensee of a Liquor License premises in Categories 3 and 4 of the Schedule, to the Liquor Trading Days and Hours By-Law 2010 as amended, where liquor is sold for consumption on the premises, may apply for extended liquor trading hours to a maximum of 4am on the date applied for, subject to the Evaluation Criteria hereunder.
Off consumption liquor licences will not qualify for any extension to those hours stipulated in the City of Cape Town, Trading Days and Hours By Law as amended.
The Council, in considering the application shall take the following factors into account:
- Premises do fall into Category 3 or 4 of the Schedule.
- Any complaints or nuisances reported to the City’s Safety and Security Directorate.
- Required fee of R5000.00 per application has been paid.
- Outcome of the consultation with the community, which will include, but are not limited to, the ward councilor, ratepayers association and abutting neighbours.
- The extended hours requested
- Any extensions granted for the duration of the current license.
- Renewable annually.
- In the transitional period until end December 2012, appropriate zoning will be a pre-requisite.
- Incomplete application forms will not be accepted.
RIGHT TO APPEAL
In terms of Section 62 of the Municipal Systems Act, 2000 any party aggrieved by a decision may appeal to the City Manager against such decision within 21 days after it has been made known and subject to the provisions as further set out in the section. (In this instance, party means the applicant.)
To ensure that the needs of the community and the liquor license holder are considered, the following process will apply:
- Applicant obtains the application form from any of the offices of Environmental Health or alternatively by accessing the City Health Webpage and download the relevant application form. (List of offices attached for ease of use) (http://www.capetown.gov.za/en/CityHealth/Documentation/Pages/ApplicationForms.aspx)
- Applicant to fill in Part 1 of the application form and thereafter firstly obtain confirmation from Land Use Management that the premises fall into category 3 or 4 of the Schedule. Land Use Management needs to fill in the relevant section in Part 2 of the application form. (List of offices are attached for ease of use)
- In case the premises fall outside of category 3 or 4, the application will not be considered.
- Where the premises do fall into category 3 or 4, the applicant then needs to obtain comments and/or statement of history of nuisance and/or complaints or action taken in respect of the premises or the applicant from the Safety and Security Directorate. (List of offices attached for ease of use)
- The information provided by Land Use and Safety and Security have to be entered into Part 2 on the application form by the designated officials, who needs to sign and date stamp applicable section.
- The applicant now pays the application fee of R5000.00 at any one of the cash offices. The account number is ( to be determined)
- The duly completed application form and the receipt of payment can now be submitted to the Environmental Health Office closes to the premises.
- The application form will be captured and forwarded to the relevant Sub-Council Manager.
- The Sub-Council Manager will facilitate the public participation process by obtaining comment from the affected community, neighbours and the Ward Councilor.
- The Sub-Council Manager will forward the report with the comments to the Sub-Council to consider.
- The Sub-Council will approve, refuse or vary the extended hours being applied for.
- The Sub-Council Manager will notify the City Health Directorate and the Safety and Security Directorate of the decision of the Sub-Council.
- The City Health Directorate will in writing inform the Applicant of the decision of the Sub-Council and in case of a refusal his/her right to appeal.