Cape Town - Kalk Bay ward councillor Aimee Kuhl says there have been “long-standing public access issues at the Brass Bell premises”.
Kuhl said despite the property being in a Heritage Protection Overlay Zone, extensive construction work took place on site prior to the festive season without the council's consent.
Some Kalk Bay residents and business owners have decried what they termed "discriminatory practices" by the Brass Bell restaurant for years by blocking mainly Cape Flats families from accessing the beach.
They claimed that since 2012 the Brass Bell had gradually made access to the beach and public toilets more difficult.
On New Year’s Day, beachgoers were left fuming that people, mainly from the Cape Flats, had been blocked from accessing a public toilet and tidal pool near the restaurant.
The gate was later re-opened by law enforcement, with authorities saying control over the gate rested with Kalk Bay harbour master Shafiek Ebrahiem.
In a letter to the Cape Times, Kuhl commended the SAPS, Law Enforcement and Ebrahiem for collaborating effectively at Kalk Bay Beach over the festive season.
“Large amounts of alcohol were confiscated. Intermittent closures took place due to safety concerns and not to restrict access to the beach on principle."
"This was unrelated to the long-standing public access issues existing at the Brass Bell premises,” she said. “City officials have been investigating the building activities and encroachment on public space on an ongoing basis."
"Despite the property being in a Heritage Protection Overlay Zone, extensive construction work took place on site prior to the festive season without the council’s consent.
"In addition, the Brass Bell was found to be in direct contravention of an existing memorandum of understanding (MoU) signed between the City, Tony White (the owner) and Prasa (which owns the land).
Kuhl said recommendations were made in November but remain to be actioned. These include securing the tidal pool and beach as public space.
“Due to repeated non-compliance with the MoU, as indicated to Prasa two months prior, (it was recommended) that the designated pool area be demarcated by a waist-high picket fence and self-closing gate with a clear sign on the gate that this is coastal public property.
"The installation of this would not impact on Mr White's operations. It would clearly define the no alcohol at a coastal public property area rule and is in fact required as per the coastal management act.
"The awning structure and wires must be removed from the city's tidal pool wall and fall within Mr White's restaurant area,” she said.
Each municipality whose area includes coastal public property must designate strips of land as coastal access land to secure public access to coastal public property, she said.
White and Prasa did not respond to requests for comment by deadline.