The Western Cape High Court has ordered the shutdown of a Blue Downs bottle store - at least for now.
|||Cape Town - The Western Cape High Court has ordered the shutdown of a Blue Downs bottle store - at least for now.
Ernie’s Liquor Store in Blue Downs Way is positioned next to a church, opposite a mosque and near a crèche and a high school, sparking outrage in the community.
A group of residents, organisations and local representatives applied to the court on Monday seeking an urgent, interim interdict to stop Ernie’s from trading until the court reviewed the decision to grant the outlet a liquor licence.
This was on the same day that the outlet first opened.
Judge Dennis Davis granted an interim order yesterday - by agreement between several of the parties involved in the court application - restraining the bottle store from operating for the time being.
He noted that even though Ernie Fell, the outlet’s liquor licence holder, had been properly served with the court papers this week and had an opportunity to respond by either submitting an affidavit or making an appearance at court, he had not done so.
Among the other 21 respondents are the Western Cape Liquor Authority, several local councillors, Premier Helen Zille and mayor Patricia de Lille.
Fell, along with any of the other respondents who wished to do so, had until September 11 to show why an order should not be granted stopping the bottle store from trading until the review had been finalised.
After court proceedings, a small group of Blue Downs residents welcomed the outcome.
“I feel elated and vindicated,” said community leader Ridwaan Davids.
“We didn’t just do this by going on emotions. It was about the impact it would have on our area.”
Local residents said Davids had been objecting to the outlet since 2007 when they had first started sending letters of objection to the authorities.
“He (Fell) disregards the community. He knew as far back as 2007 that the community was against it, but he went ahead with it very quietly,” he added.
He said a community meeting would be scheduled for tonight at the crèche near Ernie’s to discuss the court outcome and what would happen next.
Councillor Achmat Williams, who has been assisting the applicants, said the community had “fought hard” to prevent the liquor store from opening its doors for business and would now take the matter forward by “getting the place permanently closed”.
In one letter dated November, 2007, the Tuscany Glen Ratepayers’ Association objected that liquor would be sold next to a church, opposite a mosque, “less than 100m” away from a child-care centre and “less than 500m” away from Tuscany Glen High School.
According to the association, it would impact on other businesses in the area because crime levels would “increase with more readily available alcohol and elements hanging around”.
leila.samodien@inl.co.za
Cape Times