10 RESIDENTS CAN CLOSE ‘NOISY’ LIQUOR OUTLETS

MBABANE – The Liquor Licence Act gives power to 10 or more aggrieved community members to call for the shutdown of a misbehaving liquor outlet.

This is contained in the Liquor Licence Act of 2023. Previously, a person was allowed to object to the operation of a liquor outlet in a particular area, without the need to form a group. Section 17, subsection 1 of the Act, states that a complaint, in writing, can be received from not less than 10 adult persons, who are residents within a distance of one kilometre from licencsd premises, situated in the local authority area or within a distance of 500 metres from a licensed premises, situated outside the local authority area.

It also states that the complaint may be lodged with the Secretary of the Board of the region in which the licensed premises are situated, requesting such a board to consider that the license concerned be either cancelled; suspended for a specified  period of time; amended in respect of conditions pertaining to the license; or reviewed. Subsection (2) of the Act stipulates that a complaint lodged under subsection 1 shall, in general, state the nature of the grounds substantiating the request to be considered by the board and nominate a person to accept and an address for service of notices relating to the petition.

Complaint

According to Subsection 3, upon receipt of a complaint, the chairperson of the Board shall, within a reasonable period of time, convene a meeting of the Board to determine the petition. “The secretary shall, within seven days  after convening the meeting, in terms of paragraph serve on the licence holder and the person nominated in terms of paragraph (b) of subsection (2). If the license concerned is a hotel or parks liquor licence, this can be served on the principal secretary in the Ministry of Tourism and Environmental Affairs,” the act reads.

The copy of the petition concerned must state the venue, date and time of the meeting. It is stated in Subsection 4, that at the hearing by the Board, as envisaged in subsection 3, any resident, whether or not a signatory to the petition concerned, may appear in person before the Board and make submissions, give evidence or with the consent of the Board Chairperson, call witnesses in support of or against the petition. The Liquor Act also highlights that a resident may be represented by a legal practitioner.

Mandla Ntshakala, the Consumer Forum Chairperson said the operation of liquor stores within residential areas had been a concern to consumers. Ntshakala said they were against the running of such bottle stores within residential areas. “There is so much noise coming from these bottle stores and the owners are uncontrollable. Sihlolelekile nje as we approach the festive season. We will be hearing a lot of noise 24/7,” he said.

Unrealistic

Ntshakala frowned upon the high number of people required to lodge a liquor bottle store. “This figure to me is unrealistic. It will be difficult for some to form the group of 10 before approaching the secretary of the Board of the region in which the licensed premises are situated and lodge their formal complaint. This law needs a review,” he said.

According to Ntshakala, any individual was supposed to be allowed to lodge a complaint before the Board. He was later asked to react on some scenarios where investigations ended up not being done, even if complaints had been lodged by a group of people. Ntshakala said it was unfortunate that there were such incidents happening within communities as a result of existing relationships between the operators and those in leadership positions in that particular community. To resolve this problem, the Consumer Forum saw the need to have an independent board to address such issues.

Also, Patrick Bhembe, the current Chairperson of Ratepayers and Residence Association in Mbabane, said he was concerned that most liquor premises were operating within residential areas and exposing innocent people to danger. “When we look at Ngwenya Village, most of the liquor bottle stores are being operated close to the residential areas. People can’t sleep because of the noise. Some of the alcohol imbibers have a tendency of breaking empty bottles on the roads. Bayinkinga nje,” said Bhembe.

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