Liquor board responds to residents’ concerns
All matters reported to the Gauteng Liquor Board are taken seriously.
This was stated by Mr Max Mothlake, the acting chief director of the board, in response to an enquiry sent to him by the EXPRESS.
Over the past few months, numerous residents called on authorities including the Gauteng Liquor Board, to take action and close down liquor establishments which were in contravention of the law.
They also called on the board and authorities to stop granting permission to these establishments to operate next to churches and schools.
Residents said they have had enough of crimes emanating from some of these businesses and the noise until the early hours of the morning.
Residents also highlighted their frustration at some liquor establishments being given permission to operate despite them objecting.
In a memorandum handed to the Cleveland SAPS recently, frustrated residents called on authorities to implement legislation pertaining to the operation of taverns in terms of the distance between each other and their time of operation.
When asked what the criteria for opening a liquor establishment is, Mr Mothlake said, “The Gauteng Liquor Act of 2003 provides the legal framework and gives effect to establishments such as a pub. However, there are a number of stakeholders that are involved, leading to the founding of such an establishment. The municipality gives input through its Local Authority Approval (LAA). This is where the municipality gives consent on the land use that is permitted on that particular locality.
“An inspection is conducted to determine section 30 (3) issues, such as schools, churches, transport facilities and observations that may be deemed necessary to assist the board in its adjudication. The board takes a final decision having gone through the file. The board uses its discretion,” he said.
He said these establishments are generally encouraged to operate in areas that are designated for business, as stipulated in the town planning schemes of different municipalities. However, townships are regulated and the municipality gives consent for additional use other than what is in the scheme.
“When a licence is granted, it is issued subject to certain conditions. If the applicant does not comply with any of the conditions imposed by the board, the board may suspend or withdraw the licence,” said Mr Mothlake.
According to Mr Mothlake, when a complaint is received a hearing is scheduled. The complainant and the applicant present their cases to the board. The board makes a decision based on the presentations.
“All matters are taken seriously and the board uses its discretion after giving all parties a fair hearing or an opportunity to give their versions. Not all objections have merit. The grounds of objection are put to test through a hearing and a decision is taken having heard all the parties involved,” said Mr Mothlake.
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