By Fred Kockott
In 12 years of trading, Durban's Bean Bag Bohemia has become a legendary hub for the city's creative talents, an institution of sorts, its meals, music and manifesto - "being uninhibited, unbuttoned, creative and free" - a regular drawcard for visitors and locals alike.
Indeed, a night out at Bean Bag was billed as a must-do experience among many international stallholders at the recent Tourism Indaba 2007.
This week that all changed. Bean Bag's owner, Guy Wood, says he is fast losing trade and laying off staff after a municipal hearing decided to revoke his trading licence.
At the hearing one angry resident brought in more than 400 sound and video recordings as evidence of gross disturbances to neighbours.
The decision of the eThekwini council was that trading cease immediately, with an instruction to arrest Wood or any staff member with keys should Bean Bag's doors reopen.
Among the reasons were the tables and chairs on the pavement without a permit; excessive noise emanating from amplified sound; people double-parking and obstructing traffic outside; and smoking in a non-designated area.
Established in 1995, Bean Bag is situated in a double-storey, listed building in Windermere Road, Greyville. It comprises a downstairs cafe bar opening out on to the pavement, a courtyard and upmarket restaurant upstairs.
"We've been serving at tables and seats outside for 10 years," said Wood, pointing at the now empty paved area outside Bean Bag's entrance.
The decision to shut down was taken at a licence committee hearing attended by various heads of department, including fire, health and Metro Police last Wednesday.
"It was a total kangaroo court and procedurally unfair. To have one's licence revoked without warning, and for the reasons given, is absurd," claimed Wood.
He has appealed against the decision, but has subsequently been charged for continuing to trade illegally pending the outcome of the appeal. He has, in the meantime, removed the outside tables and chairs.
"At the licence hearing, the SAPS was instructed to shut me down, and get everyone off the premises immediately. They came that night," said Wood.
The city's own legal department had to intervene, advising police that this was procedurally incorrect, said Wood.
"Luckily, my lawyers were there. After lots of negotiating, they issued a summons for trading illegally, but we are keeping our doors open pending our appeal," said Wood.
Municipal chief licensing manager Dees Sooknunan defended the hearing's decision.
"He (Wood) is defying the law," said Sooknunan, "It is incumbent on him not to create a disturbance and noise. And he has his chairs and tables occupying the pavement without a permit to do so.
"There's congestion in the road outside, cars and taxis double parking and they've been warned a few times about not complying with the tobacco legislation."
Sooknunan said these concerns had resulted in the licensing committee's decision to revoke the Bean Bag's licence last week.
"If (Wood) does not want to comply, then it must be closed down. He is licensed to run a restaurant, not play karaoke or an entertainment disco," he said.
Sooknunan's comments about "filth and grime" at the place do not match the experiences of some patrons, including former Durban Art Gallery director Carol Brown, now an independent consultant on city projects and urban regeneration in Cape Town and Durban.
"This is absolutely ridiculous. Bean Bag is one of Durban's treasures - the hub of the city's cultural life.
"Guy's done a wonderful job. It's safe there, with good service late into the night, excellent food and always a great vibe going," said Brown.
But Sooknunan referred to complaints tabled before last week's licence hearing, including the neighbour that had brought in more than 400 recordings as evidence.
"Another man had to send his wife away with his baby because they can't sleep at night. That's sad," said Sooknunan.
Sooknunan confirmed that Bean Bag had been trading legally for 12 years. He said before last week's licence hearing, no written warnings, or ultimatums, had been given to Wood advising that his committee was considering revoking Bean Bag's licence.
"We are not required to do so. We called him in for a licence hearing where these decisions are made. It would not have made any difference if he had been trading for 20 years," said Sooknunan.
He said health authorities had been liaising with Woods about issues they wanted him to address regarding designated smoking areas, but nothing had been done since February.
"It was quite evident at the hearing that if I let him off, he continue to do this, therefore it (Bean Bag) should be closed," said Sooknunan.
Last year Wood renovated his premises, also paving the outside area at his own cost pending the outcome of an application for a permit to trade on the pavement .
But Sooknunan likened this to someone driving on the roads before being granted a driver's licence. He said pavement trading was in breach of the bylaws, and that action would be taken against other restaurants that were doing so, including those along the length of Florida Road.
"There is no approval for anyone to trade on the pavement. They are doing it illegally," said Sooknunan, warning of action to curtail this trade.
"As much as people support pavement trading, there are people objecting," said Sooknunan. "You can't walk along the pavement of Florida Road any more, especially in the evenings and over the weekend.
"People end up walking in the road. It's dangerous. Someone got knocked over by a car the other day. We can't compromise people's safety."
Sooknunan's warnings to clamp down on pavement trading fly in the face of the vision for the city articulated by its leaders, including Municipal Manager Mike Sutcliffe.
"The cafe lifestyle is very much part of what we support and encourage," said Sutcliffe.
But Sutcliffe conceded that the promotion of the city's cafe lifestyle was not outlined in any official policy document or plans for the city.
He said bylaws also still needed to be amended to legalise pavement trading, and this process needed to be expedited to avoid further uncertainty arising from actions taken against Bean Bag.
Sutcliffe declined to comment on the controversy around Bean Bag's licence being revoked, but said he had asked for a report on what had led to the decision and how it was made.
The action by the city's authorities has astounded patrons. Not just arts and culture gurus, but a wide number of leading representatives of the city, other top restaurateurs, and even the marketing arm of the council, Durban Africa.