Long Street residents take fight against nightclub liquor licence to appeal tribunal

RESIDENTS of a building on Upper Long Street will intensify their battle against the granting of a liquor licence to a nightclub when their appeal is heard by the Liquor Licensing Tribunal (LLT) on Friday.

TOA night club lodged an application for the transfer of an on consumption (liquor) licence on October 21, 2024. The application concerned an on-consumption lounge and bar with the licensed premises situated in Long Street. The licensee sought to transfer the licence to the prospective licensee.  

Several residents and trustees of a neighbouring block of flats had submitted an objection against the granting of the transfer application. 

“As a resident in Senator Park, a residential building on Keerom street, this would significantly impact on myself. The noise levels at night in particular would make it untenable to maintain as a residential abode. The noise and rowdiness on the streets would make the building unappealing to stable tenants or owners to live there. And this makes the building vulnerable to overcrowding and crime. Both of these elements would also affect the area itself as we have seen in the past,” one objection read. 

“The impacts of the nightclubs on Green Street fueled by a liquor license will have a severely negative impact on those living in Senator Park. Please do not grant this license or allow the transfer of license application from Kora/TOA to affiliated entities. Please take seriously the following considerations: Noise disturbances – the nightclubs invariably cause noise nuisance to our residents through music and the shouting and singing from drunk partygoers as they leave in the early hours of the morning. This is disruptive to the sleep of our residents, the quality of their peace at home and their willingness to stay in the complex long term. Public safety concerns – the nightclubs on Green Street are causing safety concerns as we have drunk / intoxicated and otherwise unwelcome behavior on the streets right next to where residents live,” another read.

The license was still granted by the Liquor License Tribunal on February 5, 2025. 

On April 5, the trustees of Senator Park lodged an appeal citing that they felt their more than 40 objections were not adequately considered. 

The LLT who are listed as a respondent in the matter disputed the allegation that the objections of residents were not considered. 

“As stated in the reasons, the objections were adequately considered along with all the other evidence provided. It is clear that the objections centre on the conduct of the previous licensee. The LLT cannot hold the prospective licensee responsible for previous conduct, especially when there is no evidence to suggest that the prospective licensee will conduct itself in a similar manner. 

“A transfer application is not a mechanism by which the validity of the licence is considered or tested. A transfer of the licence considers the suitability of the proposed licensee to take transfer of an existing licence. The Act provides for other mechanisms to ascertain whether a licence is still in the public interest. To put it plainly, if a transfer application were refused, the previous problematic licensee would still be the valid licence holder of the licence and could in future resume the licence business to the detriment of the objectors,” legal documents read.  

Arguments for the nightclub noted that their application submitted by the licensee and the prospective licensee “substantially complied with the requirements of section 65 of the Act and Regulation 32 of the Regulations”. 

“The objections were all similar in substance and in summary, concerned the noise disturbances and the various bad elements that accompany a nightclub and objected to the transfer of the licence. The complaints centred on how the licensed business was run by the previous owner. One objector raised the issue that the licence of the previous licensee was suspended and therefore the transfer should be refused. The applicant responded to the objections. The applicant stated that the licensed business has been operating as a bar and lounge for 30 years. The applicant stated that the licence is in existence and is valid and is not a new licence that is being applied for.” 

The Western Cape Liquor Authority (WCLA) said  any person aggrieved by a decision of the Liquor Licensing Tribunal has the right to appeal. 

 “Guided by the Western Cape Liquor Act and accompanying vision “Public Interest served through liquor licensing and regulation” the WCLA considers all objections submitted, especially those based on public interest concerns, as serious. While the Appeal Tribunal is independent, it weighs the views of residents alongside all other relevant legal and factual considerations. The WCLA remains committed to a fair, transparent process that protects serving the public interest.”

Cape Times