Tavern owners warned
The acting CEO of the Mpumalanga Liquor Authority, Mr Angelo Sebastian, sent a stern warning to tavern owners who failed to obey the Liquor Act.
BARBERTON – The acting CEO of the Mpumalanga Liquor Authority, Mr Angelo Sebastian, sent a stern warning to tavern owners who failed to obey the Liquor Act.
“We are going to close down and penalise outlets who are contravening the Act. Liquor should not be sold to persons under the age of 18 and we will be visible throughout the province to ensure that the rules and regulations of the Act are adhered to.
We will close down those who do not complying to the law,” said Sebastian.
He also urged members of the community to report liquor outlets who were not complying with the act to the liquor board. Ïf there is a liquor outlet contravening with liquor act, please contact us, help us so we can help you,” he said.
He was addressing crowds who attended the Youth Month campaign initiated by the dti to create awareness among the country’s young people on the adverse effects of liquor abuse.
Speaker after speaker talked at length about negative behavioural activities related to liquor abuse, such as violence, murder, drunken driving, promiscuity, sexual offences and the spread of HIV/Aids, school truancy, and abuse of children and women.
It was also heard that the Umjindi Local Municipality faced significant challenges in terms of alcohol and dagga abuse among the youth, including primary school children.
Ms Tariro Chikoka, a locally based social worker, mentioned her office was dealing with a number of alcohol abuse cases involving school going children, including primary school learners with the youngest victim being a 12-year-old-boy.
She urged parents to empower their children with good morals. “Parents need to know that what they do affect their children. They have to be good role models as children learn more from their parent’s behaviour,” she said.
Stats from the local police also showed that substance abuse is contributing to contact crimes. “On a weekly basis liquor substances contribute to domestic violence, common assault and GBH,” said Const Tutu Nkosi.
The campaign was also aimed at empowering the youth to participate in the mainstream economy, encouraging them to develop their skills, form cooperatives and start their own businesses other than waiting for the government’s grants. Those looking for help can contact the SANCA offices in Nelspruit on 013-752-4376.
OPERATION OF TAVERN IS IN SUCH A MANNER THAT IT CONSTITUTES A NUISANCE THAT HAS SUBSTANTIAL ADVERSE EFFECT ON THE HEALTH AND SAFTEY OF THE NEIGHBORHOOD.
I am writing to express my continuing dissatisfaction with Jabulani Sports Bar, situated behind my house. They operate till 3:00am in the mornings. Parking Mobile Disco’s (these are cars with massive sound systems installed) under the carport that belongs to the municipality and by our wall. Purchasing alcohol at the Tavern and drinking in the streets, some get so drunk that after urinating all over our wall they pass out. They urinate in front of the kids(Charlene 8, Wilma 6, Rose 4, Nadine 9 Janica 8) and this is just the a rounding neighbors girls. This constant noise piercing the night makes sleep impossible, the windows rattle and a vibration can be felt in the walls and furniture. It’s keeping us up and driving us crazy. So much so that we can’t watch TV, and we’ve been sleeping in our study room as it is the least noisiest place in our house with earplugs on. The hanging over our walls drives our dogs insane, throwing bottles at our dogs (God knows what they do when were not at home). The municipality water meter supply been closed so we must go out and risk being attacked again. Precast wall being broken. Windows being thrown out. Windscreen of motor. Dogs that need to be put out because of beatings. Hospital bills for being attacked. Can’t get to your yard, because of cars parking in the middle of the street and the next morning there is broken bottles every wear. We have no privacy in our own yard. It’s not home but Hell.
What is the effect on us from being exposed to this annoying sound and the sleep deprivation?
My kids are writing exams, they battle to concentrate. We have to use earplugs, close windows and doors in order to block out some of the noise. With so little sleep causes the kids to be absolutely exhausted at school when they write.
We that work have to get up at 5 am but if you go to bed after 3 am it is hard, some still have to travel far with just 2 hours sleep. This is affecting our work and safety.
They don’t care about our elderly people, children, sick people or those that work, because they benefit from this noise.
HEALTH 24.com “NUISANCE CERTAINLY HAS AN INPACT ON YOUR HEALH”
• A negative effect on childhood development
• Those of the heart and circulatory system, and mental health problems such as depression and anxiety
• Lowered immunity to infection
Liquorlicensing.co.za “A NUISANCE CAN EFFECT ONE’S HEALTH, MORALS, SAFETY, WELFARE COMFORT OR CONVENIENCE”
This is just two of the searches on the internet.
Department: Community Safety, Security and Liaison (Mpumalanga Provincial Government)
Stated that “The Liquor board will consider each applicant in terms of the applicant, the premises and the public interest”
Liquorlicensing.co.za “Regulations have been put into place to protect residential areas from encroachment by petrol stations, businesses causing a nuisance, factories, liquor outlets and other disturbances.” “The Zoning of a property regulate, among other things the Nuisance emanating from the use of a property. That is “An unreasonable, unwarranted or illegal use of property that infringes the rights of other people”.
I appeal to you for your assistance.
Steps taken
1. We tried talking to the owner with Edwed Nyambi (Community Council representative), but just got threatened that they’ll kill us.
2. We have been calling the police since 2011(Fig1-4) Police don’t want to give their names any more. Captain S Mgwena (082 318 9542). Fig: 3 Police don’t even now trading name. Which means no warning or ticket has ever been issued. No vehicle available or they get warned when vehicle is on the way and after passing they start again and then it’s worse and we get threatened or window gets throughout.
3. Attorney (Leonie Nell) Nell & Lombard. Still waiting for Police Captain to forward license of Tavern.
4. Drawing up a partition.(Fig: 5.1 – 5.4)
5. Communicate with Community Council representative. Edward Nyambi (072 110 7597) Police Captain present and gives wrong cell number. (Fig: 6.1 & 6.2) (Fig: 7.1 & 7.2)(Fig: 8).
Know we want the Tavern Closed.
General Notice. Notice 1194 of 2013 Department of trading and industry Liquor Act, 59 of 2003 Published 4 December 2013.
4.4 Sale or supply of liquor to intoxicated persons. To do so should be an offence and continuous act should also lead to suspension or termination of a license.
4.12 Noise; nuisance and pollution
4.12.1 The licensee shall take all reasonable steps to ensure that noise from the liquor premises should remain within the walls of such liquor premises at all times. (Fig 9.1 – 9.4)
4.12.2 The licensee remains liable and responsible for all land pollution and littering within the liquor premises. The licensee is also responsible for all land pollution and littering outside the liquor premises flowing from the licensee’s business. Liquor premises and surrounding areas shall be kept clean at all times. (Fig 10.1 – 10.5)
4.12.3 There shall be no loitering by patrons outside the on-consumption liquor premises and all sales and consumption of liquor shall be confined to the liquor premises. (Fig 11.1 – 11.10)
4.13.4 An on-consumption license holder shall not sell liquor for take away or consumption off the licensed premises. (Fig 11.1 – 11.10)
4.13.5 Failure to observe the mandatory licensing conditions shall lead to the suspension or termination of the liquor license (according to the above)
4.15.2 The standards of trading hours
4 On Consumption (those in residential areas)
Monday – Saturday
Sundays 10H00 – 21H00
10H00 – 17H00
Other on-consumption licenses
(Fig 1-4)
Steve Tshwete Town Planning Scheme – 2004 Final
Page 49 Business Premises
A property from which business is conducted and includes a shop, office, office park, financial institution and building for similar uses, but does not include a place of assembly, place of entertainment, institution, service station, motor repair garage, industry, industrial hive, noxious trade, risk activity, restaurant, adult entertainment business or bottle store.
We appeal to you for assistance as our lives is a living hell with the noise, threats and damages.
We would love for our kids to play outside.
We hope and belief that the justice system will prevail.
Thank you for your patience.
If you require more information, don’t hesitate to let me know.
Thank you