A bottle store - next to a church, opposite a mosque and near a crèche and a high school - has caused an uproar in Cape Town.
|||Cape Town - A Blue Downs bottle store - next to a church, opposite a mosque and near a crèche and a high school - has raised the ire of some in the community, prompting urgent court action.
Residents, organisations and local representatives lodged an application at the Western Cape High Court on Monday. They want an urgent, interim interdict to stop the outlet from trading until the court has reviewed, among other things, the granting of its liquor licence.
The outlet, Ernie’s Liquor Store in Blue Downs Way, was to have opened on Monday.
Judge Dennis Davis, however, would not hear arguments in the matter because the respondents - there are 22 of them, including several local councillors, the Western Cape Liquor Authority, Premier Helen Zille, mayor Patricia de Lille and Ernie Fell, the liquor licence holder - had not yet had a chance to respond to the application.
Outside the court, a small group of residents holding posters protested, expressing outrage that a liquor store should be allowed to open so close to places of worship, and where children gathered, even though it was in a busy road.
Community leader Ridwaan Davids contends in an affidavit, which forms part of the application, that nothing came of numerous letters of objection, as well as a petition to stop the bottle store from opening.
According to councillors Yagyah Adams and Achmat Williams, who have assisted the community with the issue, they had come to court as a last resort.
Adams said the property had previously been zoned for residential use but had since been rezoned so that it could be used for business purposes, although the Fell family still lived there.
In letters of objection attached to the court papers, organisations such as the Tuscany Glen Ratepayers’ Association and the Blue Downs Community Based Organisation stated their reasons for not wanting the outlet to operate from that position.
Among their objections was the fact that liquor would be sold next to a church, opposite a mosque, “less than 100m” away from a childcare centre and “less than 500m” away from Tuscany Glen High School.
They also complained that they hadn’t been properly notified or consulted.
“The community certainly would have raised strong objections to such an idea of a liquor outlet right in the middle of the community,” said Tuscany Glen Ratepayers’ Association representative Charles Sedeman in a letter to the chairperson of the liquor authority as long ago as November, 2007.
“We vehemently object against such an outlet in our community.
“This outlet will surely impact our businesses in the area as the crime levels will increase with more readily available alcohol and elements hanging around these kinds of outlets.”
Judge Davis said he was inclined to hear the matter this week once the respondents had had an opportunity to answer to the founding papers.
The matter is expected to be heard either on Thursday or Friday.
leila.samodien@inl.co.za
Cape Times