‘I have been left bankrupted . . . and I am seeking justice’

in public when, in 2004, the bad behaviour of patrons was highlighted in the media.

He further disputes the appointment of the attorney who represented him, whom he indicated had been struck off the roll in 2004.

“I do not know him and I was surprised to hear that he was acting for me as I terminated the services of my attorneys.”

Reed added that he was wrongly advised by his attorney that he could purchase and take over the liquor licence that was obtained from the previous owner of the Louverdis building.

He stated that he was granted a liquor licence on the property for the first year of operation in 2000. Thereafter all consequent applications for renewal were refused.

He had lost a previous court battle as well as an application to the Supreme Court of Appeal, where the court ruled in favour of the Liquor Board, not to grant him a licence.

The lease agreement and offer to purchase the building had to be cancelled after concluding a lease agreement with a property agent in 2005, as the liquor licence was not granted.

Reed indicated that the matter was costly and that he had no way to run his business and he felt “lost and let down”.

“I have been left bankrupted and in poverty and I am seeking justice.

“A liquor licence was issued to Y-Not nightclub that occupied the same premises in 2006. Disheartened, I let go of any hope until years later, in 2013, I became aware that an order in my favour was granted by the high court where the board was supposed to reconsider my application. Summons was issued to the Liquor Board and the MEC for Finance. The matter was directed to court for an application for co-ordination as so much time passed since the date of the order.”

Reed said that no explanation was provided as to why the Liquor Board had failed to furnish him with information over a period of almost one year during 2017.

“It is a clear violation of my constitutional right to access to information.”

Chief financial officer of the Northern Cape Liquor Board, Oupa Makhale, yesterday pointed out that he was appointed to serve on the board in 2014.

“The board does not have jurisdiction over the licence that was declined 14 years ago. The records that Reed is requesting may no longer exist as they are kept for a maximum of five years. He applied for a liquor licence under the 1989 liquor regulations that were revised in 2010.”

He stated that the application was reconsidered and was turned down due to widespread objections.

“Complaints were received from the municipality, members of the public, businesses and the police, coupled with the disapproval to high noise levels, urinating in public, littering and vomiting on the pavements.”

The CEO of the Northern Cape Liquor Board, Rudess Stadhouder-Andrews, pointed out that the licence that was awarded to Reed in 2000 was a temporary events licence issued by the magistrate’s court and not by the Liquor Board. “The appeal should be made to the national minister.”

She recommended that Reed make a new application under the new Act.

“Any person is free to apply for as many times as they wish. Reed indicated that he intends referring the matter to the Constitutional Court, although we do not know on what basis he will present his case, especially in light of losing applications in the Northern Cape High Court as well as the Supreme Court of Appeal.”

Stadhouer-Andrews advised that the transcripts and documents could be accessed through Reed’s legal representatives or the courts.

“We also do not get involved with third parties or the applicant’s legal representatives.”

She pointed out that liquor licences were not for sale.

“A liquor licence can only be transferred if a business is sold as a going concern, although it is still subject to the approval of the Liquor Board.

“Liquor licences can be declined on the basis of public interest and recommendations from the SAPS.

“If the police are unable to regulate an establishment it makes no sense to grant a licence.”