Cape Town - The City of Cape Town’s draft liquor by-law will allow you to order a champagne breakfast, but no other type of liquor before 11am.
Now the council’s legal team says excluding other types of alcohol from morning celebrations may be unconstitutional.
At a special meeting of the economic, environmental and planning portfolio committee on Tuesday, councillors were told that the draft by-law dealing with the sale of liquor did not accommodate all cultural groups.
The proposed by-law lets you order sparkling wine between 8am and 11am, seven days a week, provided it is part of a meal at an organised function. But legal services pointed out this precluded the serving of traditional beer, for example, which could be seen as discriminatory.
It would also curtail economic freedom as the traders of sparkling wine would be unfairly advantaged.
Chris O’Connor, manager of development integration for the city’s economic, environmental and planning directorate, said the committee had two alternatives.
It could either keep the hours and conditions but extend the definition to include liquor in general, or it could stipulate that establishments needed to apply if they wanted to serve any alcohol at a morning event.
But councillor Dave Bryant said as no one had complained during the public participation process about the provision for sparkling wine, there was no need to make any changes based on the lawyers’ “flimsy” opinion.
Councillor Marian Nieuwoudt agreed, saying that if the committee broadened the definition to include all types of liquor, “we may as well sell alcohol 24/7”.
No final decision was made. When the committee makes its recommendations, the draft by-law will be considered by the mayoral committee before going to the vote, possibly next month.
The proposed by-law deals with extended trading days and hours for outlets that sell alcohol for on and off-site consumption.
On-site consumption trading in residential areas must stop at 11pm, while those trading in business, industrial and agricultural areas may sell it until 2am.
Hotels and casinos can trade until 2am, while the departures area of Cape Town International Airport can sell alcohol without restriction.
Cape Argus