Authorities meet with establishments on noise disturbances

MBOMBELA – The meeting held was as a result of complaints received about noise disturbances against News Cafe and Coyotes Lounge in Anderson Street.

According to Lesley Tshishonge, the chief land use and advertising control manager of the City of Mbombela Local Municipality (CMLM), the liquor outlets had compliant on-consumption licences, but had failed to apply for the necessary amusement land use rights in terms of the Nelspruit Town Planning Scheme.

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Mashaba Gcina, compliance manager at the Mpumalanga Economic Regulator (MER), confirmed that no compliance notices were issed in terms of the Liquor Act (LA).

Tersia Marshall, a DA ward councillor, has been leading the fight against business entities that are non-compliant with LA for more than three years.

“Numerous complaints were laid with the public safety manager of CMLM and notices have been issued, but it would seem that the establishments are simply not adhering to the law due to a lack of policing,” Marshall said.

She stated that submissions were made to the MER to revoke the establishments’ liquor licences. In terms of the Act, businesses must ensure that noise levels are not causing unacceptable disturbances to their neighbours. To date she has been unable to get the authorities to take any drastic steps.
Flash commander at the Nelspruit Police Station, Capt Ronel Bekker, said noise disturbances were a municipal problem and must be dealt with in terms of the municipal by-laws.

“We can go to these establishments and request them to turn their music down, but no criminal case can be opened,” she said. “The police can, however, enforce penalties of between R1 500 and R3 000 in terms of the Mpumalanga Liquor Licensing Act should they be open beyond the hours specified in their licences.”

She said these penalties will go on the institution’s record and the police will open a case of non-compliance after the third transgression.

“In conjunction with the Liquor Board we can then recommend that the liquor outlets’ licences be cancelled or the rejection of a licence-renewal application by MER.”

Bekker also advised News Cafe to cancel all further weekend special events until they acquire the necessary amusement land use right.

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Harris Zwane, the owner of News Cafe, reacted furiously, at claims that he might not have the necessary liquor licences to operate past midnight.”The DA councillor, Bekker and Lowvelder are all racists. They must focus on white places of entertainment and they should stop discriminating. How do they expect you to feed your employees’ family members, if they want to restrict your operating hours? I have a licence to operate until 04:00 and I have 60 employees who will be unemployed if my operating hours are interfered with,” Zwane said.

The owner of Coyotes Lounge could not be reached for comment at the time of going to press.

Draft legislation on by-laws pertaining to noise disturbances was published in Lowvelder last Friday for the community to comment on. These by-laws aim to prevent noise disturbances. Marshall implored all concerned community members to respond. The public has 30 days to comment from the date of publication. All submissions must be in writing for the attention of the manager at the public safety department.

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