Sandiso Phaliso
LIQUOR licence inspector Quinton Morris did not record, or act on, incidents of non-compliance at Osi’s Place, the Western Cape Liquor Authority tribunal heard yesterday.
Morris was giving evidence at a tribunal to determine if the authority should revoke Phumlani Abraham’s liquor licence. His evidence was that this would be in the interest of the community.
Abraham’s licence was suspended in July after a tragedy at Osi’s Place in Khayelitsha on June 28, when eight young women died in a stampede.
Morris, who is in charge of inspecting licensed taverns in Khayelitsha, accepted responsibility yesterday for not handing out fines or dealing with issues of non-compliance.
On his last inspection, just weeks before the tragedy, he noticed infringements but did not act.
Morris told the tribunal on May 29 he had gone to Osi’s Place 14 minutes before closing time to find about 15 people and no minors.
“I was there on May 29 with the assistance of the police and there was no identifiable security. The music was playing loudly and there was no signage of trading hours,” Morris said. He did not issue a warning or a fine.
“It (records of non-compliance) might not be documented or handed (in) as evidence, but I have picked up issues of non-compliance,” said Morris.
“I honestly cannot tell you why it (non-compliance records) had not been brought before the tribunal.”
He said he had informed his bosses about issues of non-compliance.
Presiding officer Vincent Berg said it was concerning that Morris had told the tribunal that contraventions of the liquor licence had been ongoing, yet no fines or notices were issued to Abraham.
“Why did you not issue non-compliance (fines) but you know the history of the place,” Berg asked.
To which Morris replied: “It is my mistake.”
Thulani Phike, who is on the Bench, asked Morris why Osi’s Place was never called before the tribunal if it had contravened its liquor licence. Morris replied that he did not know.
Abraham’s legal representative, Aubrey Xhashimba, told the tribunal the evidence points to the fact that there had been no indications the tavern was overcrowded.
“We are not sure about minors being inside the premises,” said Xhashimba. “The applicant does not have a history of disturbance in the community.”
Xhashimba said to Morris: “This thing that happened on the 28th (of June) was a terrible accident. You failed to do your duties.”
Investigating officer Monwabisi Ngweniso said he had not interviewed patrons or taken statements at the scene.
The hearing was postponed to September 28.
@PhalisoSandiso