Pub open for on-site alcohol consumption shut down by cops
A Pretoria pub owner is consulting with his attorneys, following the arrest of a bartender and confiscation of all his alcohol after he opened his doors for on-site alcohol consumption on Wednesday.
Henk Hanekom from Twisters pub said he opened for on-site alcohol consumption yesterday, after legal guidance from his lawyers.
Hanekom believed since the lockdown regulations were found to be unconstitutional by the Gauteng High Court last month, he was entitled to reopen his business and allow on-site alcohol consumption.
He announced this on the pub’s Facebook page.
“We opened for business on Wednesday and people came to enjoy themselves. We did follow the Covid-19 restaurant health protocols such as screening people, sanitising, wearing masks, keeping social distancing between tables and limitation of persons per time.”
Hanekom said he decided to embark on the reopening after studying the judgement and consulting his lawyers, who drafted a letter on his behalf to the state prosecutor handling the case to alert them of his intention. A letter which he also was to hand to the police on Thursday morning.
Despite the legal appeals underway on the matter, which subsequently suspends the judgement, Hanekom believed he was not breaking the law until a different judgement would be handed down.
He wrote a letter through his lawyers informing the state prosecutor of his intentions that he would hang on the judgement.
“I believe I am not breaking the law. I have submitted the letter from lawyers, which says I am of that opinion that I am acting within the right legal frames until the judge can decide otherwise. Should the prosecutor find that we are breaking the law, they can alert me and I will close if it is found illegal. I also did try and submit the letter to the local police on Wednesday so they could tell me what I have done wrong, but the meeting was rescheduled for today [Thursday].”
Hanekom said the reopening was not to break the regulations, but is to avoid bankruptcy. The government has since bashed the reopening of a local pub for on-site alcohol consumption, saying it was illegal. Cogta spokesperson Mlungisi Mtshali said the action taken by Twisters pub on Tuesday, to allow on-site alcohol consumption, was illegal.
“The judgement by the high court did not rule on the alcohol and tobacco ban regulations; therefore, the ban on alcohol being consumed at pubs did not fall under the regulations ruled unconstitutional.”
Mtshali said the business could lose their liquor licence as they were contravening regulations.
He added: “Businesses need to understand that the regulations are not set up to kick up wars with them. It was made to protect the lives of people. Not complying with regulations makes this difficult.”
Police had not yet commented on the matter by the time the article went to press.
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