Ensure your tavern complies with by-laws

With the country reeling in shock from the recent tavern shootings, the City of Ekurhuleni is calling on all tavern owners to adhere to the city’s policies and by-laws to ensure a safe environment for both patrons and the communities at large.

The shootings sparked a massive debate around underage drinking, safety at taverns and its compliance with the law, including the city’s policies and by-laws.
Ekurhuleni metro spokesperson Zweli Dlamini said the city had completed a preliminary investigation, which found that some establishments presently operating in the area were in contravention of municipal by-laws and policies.

They found that issues of compliance included the use of land or spaces that are not approved through the city’s processes, which gives rise to challenges of inability to monitor security.
Also identified were the mushrooming of illegal land use activities in wrong places, the structural safety of buildings compromising the safety of patrons and neighbours, noise pollution, and the unauthorised use of municipal services (which has an impact on infrastructure maintenance and costs).

Dlamini explained that taverns are governed in terms of the Town Planning Scheme 2021, Spatial Planning Land Use Management Bylaw 2019 and the National Building Regulations and Building Standard Act 103 of 1977 as amended, Gauteng Liquor Act, (Act 2 of 2003) among other legislative requirements.

“In ensuring a common understanding, a tavern is defined as a part of a dwelling house or a shipping container used for the sale of liquor for on-site consumption.
“It may also prepare and sell food and provide entertainment to patrons – subject to the health and safety regulations of the municipality – but the tavern shall remain ancillary to the main residential use.

“It must be noted that tavern applications can be considered to operate where the residential or business property has rights and the building plan complies with building regulations.

It is illegal for property owners to commence with the operation of selling liquor and entertaining patrons from a property that has no land use rights and parking as stipulated by the city’s policies,” said Dlamini.

Fire safety (escape routes, emergency signage), and a number of ablution facilities (health) are also key in approving applications for taverns.
The city, therefore, encourages tavern owners to visit their nearest customer care centre and engage officials in the town planning and building control department for more information on how to regularise existing taverns and apply for new taverns.

Such applications will be considered for approval based on compliance with policies, and applications must be prepared by a valid town planner and where building plans are required, plans drawn by a registered architect.
Inspectors will continue to monitor compliance throughout the city and issue contravention notices where land uses are not in line with the city’s policies and by-laws.

“Together let us ensure the safety of patrons while growing the industry,” said Dlamini.

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