Cape Tonw - The city of Cape Town is again having to make changes to its liquor trading hours by-law, after businesses complained that it contained a restriction that would make it impossible for them to trade over the festive season.
The offending clause 6 (4) of the city’s by-law, approved in February, states: “No application will be considered or processed for approval by the city during the period starting December 1 and ending January 15 of the following year.”
However, applicants need to be in possession of a valid liquor licence, issued by the Western Cape Liquor Authority, before they could apply for extended hours. These licences are only issued after December 31.
The city’s mayoral committee approved a recommendation last week to delete the clause to clear up this “mismatch” between the city’s by-law and the Western Cape government’s liquor licence renewal cycle.
Lungelo Mbandazayo, of the city’s compliance and auxiliary services, said in the report that was to have been considered by the council that this limitation “unreasonably” prevented trade for extended hours over the festive season.
He said the liquor industry had complained that this would mean that traders with 2014 permits for extended hours would not be able to apply for a 2015 permit until they had secured a 2015 liquor licence in January.
They would then have to wait until mid-January before they could apply for extended trading hours.
Mbandazayo therefore proposed that this section be deleted.
But Taki Amira, who was instrumental in drafting the control of undertakings that sell liquor, said this would be “counterproductive”.
He said the restriction was specifically included to align the by-law with the Western Cape Liquor Act and the city’s own notification policy which prohibits advertising and public participation at the end of the year when council staff and sub councils are on recess.
Amira said the Health Department notice gave successful applicants authority to trade from January 1 until December 31. The city’s by-law also stated that extended trading hour applications are renewed annually, but without specifying a date.
As the city’s trading hours by-law only came into effect in February this year, Amira has proposed that the authority for licensed traders should be extended to the end of February next year.
“Due to the fact that no rights are being affected negatively, no public participation will be called for,” said Mbandazayo.
The by-law has undergone several amendments and revisions since it was first mooted in 2012.
It underwent a significant revision last year when businesses complained about the restricted trading hours.
In its current form, the by-law makes provision for extended hours and Sunday trading.
Cape Argus