Law has liquor traders angry

Several local tavern owners and liquor traders, approached by the Kathorus MAIL in the townships of Katlehong, Thokoza and Vosloorus, have confirmed receiving a summons from the EMM’s Town Planner, threatening them with legal action should they fail to comply with the demand to obtain the letter of consent within the stipulated 30-day period.

Traders who were approached for comment indicated that they would be taking their grievances about the summonses to the offices of the local Gauteng Liquor Forum for mediation, or for an alternative solution to the stand-off.

They argue that the new requirement is cumbersome and too complicated for the ordinary liquor trader.

“What is wrong with the existing compliance permit system which we have been using since 2004? Besides, why do they give traders such short notice to change to the new system of consent from the Town Planner without prior consultation?” asked an angry female trader, who wished to remain anonymous out of fear of being victimised.

Showing the Kathorus MAIL a copy of a letter addressed to the then Head of the then Provincial Liquor Control Board in Gauteng, Lt Col Rautenbach, and signed by the Gauteng MEC for Economic Development, Nkosiphendule Kolisile on March 1, 2013, a local trader said the Town Planner’s demand on them negates the undertakings of the MEC in that letter about the validity of their existing permits.

In the letter addressed to Lt Col Rautenbach, “regarding the period of validity of shebeen permits”, Kolisile notifies the head of he SAPS that the Committee on Scrutiny of Subordinate Legislation (CSSL) has approved the Liquor Regulation on Shebeen Licences with effect from March 1, 2013.

The letter further adds; “These regulations therefore extend the validity of Shebeen permits which are renewable every year starting from March 1, 2013 to March 2014. The letter also states that the extension will provide the Gauteng Liquor Board (GLB) adequate time to migrate the Shebeen Permits into Shebeen Licences for the period of a year.”

According to the President of the Gauteng Liquor Forum, Linda Madida, the actions of the Town Planner has taken his organisation and its members by surprise.

“We have been complying with the stipulated requirements of the Gauteng Department of Economic Development as per the MEC’s declaration in his letter to Lt Col Rautenbach in March 2013,” said Madida, who argues that the steps taken by the Town Planner were rather drastic.

Madida said liquor traders have been trading on the renewal permit system since 2004.

“The permits were updated every year and a large percentage of our members were fully compliant with their renewals. Now all of a sudden we have been hit with his new regulation by the Town Council,” said Madida. He added that many of his members have been hit “below the belt” by the Town Council’s “Consent Permit Licensing System.

Unpacking the EMM Town Planner’s new “Consent Document” system, Madida showed the Kathorus MAIL a document which says several of their members have already been issued with notification letters demanding that they comply with he new ruling.

The document read as follows, “You are hereby accordingly instructed in terms of provision of section 40 and 42 of the town planning and township Ordinance 15 of 1985 (as amended) to cease the above mentioned alleged illegal land use and restore the property to its original purpose within 28 days from the date of this letter.”

Madida pointed out that the served notifications/summons has created confusion and pandemonium among liquor traders. This is despite a meeting which was held with various stakeholders in Kempton Park on September 17, 2015. At the meeting, it resolved that the issued had been marred by political influence and that it would be raised again with the relevant stake holders including the MMC for further discussion.

Attempts by the Kathorus MAIl to reach the offices of the Town Planned to obtain further clarity on the issue proved futile, as efforts to contact the municipal spokesperson failed.