MBABANE – Over 10 popular liquor outlets, most of which are known to be favourite hangout spots operating closer to the capital city face closure.
This is because their applications to have their licences renewed have not been approved as they did not comply with certain provisions of the Liquor Licensing Act, 2023 which empowers the Municipal Council of Mbabane to regulate land use for business operations.
The outlets, which are known to this publication, are situated in residential areas such as Fonteyn, Sidwashini and Checkers.
The Liquor Licensing Act No.27 of 2023 regulates persons who manufacture or supply liquor or spirits for financial gain and prohibits the use of dangerous or unsafe substances in the liquor industry in Eswatini.
The legislation provides clear provisions to regulate noise, operating hours and general compliance during this busy period. It states clearly that in considering an application for licences, the Board looks at a variety of matters including the need to avoid, as far as possible, the establishment of licensed premises in the vicinity of schools, places of worship, hospitals or clinics.
This publication has gathered that the owners of the outlets, which include those under the category of bottle store and wine and malt, did not file applications for rezoning, and this is despite that they were warned over one or two years ago.
Rezoning in municipalities is the legal, administrative process of changing the officially designated land-use classification of a property.
According to reliable sources, the liquor traders got to know that their licences will not be renewed early last month.
Some are said to have demanded answers from the municipality and the relevant ministries, but their attempts have not been successful.
Making the situation worse is that chances that they can appeal and win are less, at least for now. The possibility, as confirmed by the municipality, is that the outlets may be closed until next year.
This is because the Town Planning Scheme’s 10-year period is elapsing and a new one is currently being worked on.
The exercise of preparing for the next Town Planning Scheme was advertised openly and the public was notified that as per the provisions of the law, a new one has to be established.
The law is clear that once an application has been filed to establish a new scheme, no new applications can be allowed or approved.
It has been gathered that the issue has caused uproar as some of the business owners have not taken kindly to the decision of not having their licences renewed. Some, it has been gathered, have accused the current Chief Executive Officer, Gciniwe Fakudze, as being personal.
When engaged about the matter, the CEO explained that the issue has to do with compliance and nothing else. She revealed that in Mbabane, there are 103 outlets and that from these, over 60 per cent are complying.
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Find premises in city centre – director of planning
MBABANE – The Director of Planning and Environment in the Municipal Council of Mbabane, Busangani Masina has advised the affected business owners to set up their businesses in the city centre.
This she said when asked if there is any remedy for the affected business owners. Masina explained that as they visited some of the outlets, it transpired that some traders do not apply their mind when it comes to complying with the law.
She said people needed to understand that it is not the municipality that issues liquor licences. “It is unfortunate that people accuse the municipality, yet it is the Liquor Licensing Board which has such a mandate. What we did was inform the business owners that the zoning was not proper and we did this a year or so ago,” she said.
She said the business owners had enough time to do the right thing. Masina echoed the words of the Chief Executive Officer Gciniwe Fakudze that the municipality is now working on the new Town Planning Scheme.
Due to the ongoing process, she said the affected business owners cannot be assisted at this point if they want to either appeal or apply for the rezoning. “You can no longer interrogate the Town Planning Scheme while it is in process. For them to come now and request to apply for a rezoning, it becomes difficult. The law does not allow us,” she said.
*Full article available on Pressreader*
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