Fears liquor licence bid in Bathurst could harm area
Maintaining town’s character is vital, say residents
A bearded butcher, a blacksmith, the oldest inn and third-oldest pub in SA, a town crier, books and authors, reclusive world experts, craftspeople and artists.
Unspoilt natural Albany thicket, a pristine nature reserve, natural springs, a sacred pool, a classy indoor-outdoor entertainment venue that hosts the likes of jazz giant Andile Yenana while providing a platform for up-andcoming local artists.
A world famous pineapple monument that points to an agricultural industry that has supported livelihoods and lifestyles for several generations.
The annual Bathurst Show that brings together curious townsfolk with pigs, cows, chickens and their broadbrim-hatted owners.
It’s a village where new-generation tie-died minstrels can walk around bearded and barefoot; home gardeners coax nutritious vegetables from tiny yards and generous smallholdings and recycling and upcycling is practiced, not preached.
Scores of hapless British settlers were dispatched from here as buffers in the long, bitter and terrifying conflict between the British armed forces and Xhosa, Khoikhoi and San hunters, farmers and pastoralists.
Relics of that history are dotted around the village. All of these attract foreign and local tourists.
The rural nature of the village also attracts many professionals to invest and live there, forming a significant portion of Ndlambe’s rates base.
But some residents fear Bathurst could lose its quirky village ethos if a new liquor outlet opens on its iconic approach road.
The owners of Engage Art Studio are selling their Bathurst properties and moving out. These include the studio (formerly the Wiles Gallery), four adjacent flats intended as artist in residence accommodation and, on the next property, a large warehouse that was home to their beautiful classic car museum.
They have applied for an on/off sales liquor licence. Some residents fear this could open the door for an outside investor with no ties to the village to operate a business that changes its ethos.
The Bathurst Ratepayers and Residents Association has raised concerns on procedural grounds. They have flagged the way the public participation process was handled.
Documents that TotT has seen show that an application for retail sale/micro manufacturing of liquor at Engage Art Centre, Erf 549, was lodged in Brackenfell on October 14 last year.
According to the Eastern Cape Liquor Act, a notice must be served on the ward committee of the area where the premises intended to be registered for liquor trading are situated.
Ndlambe Municipality was notified of the application on February 7 this year.
“The Ward Committee is then expected to convene a meeting and consider the implications of the application with the members of the community and a written report should be presented to the [Liquor] Board and to the relevant municipal council,” the notification says, citing the Act.
The notification incorrectly identifies Andile Marasi as the ward councillor. Marasi is the speaker and Mzwandile Sweli is the ward 5 councillor.
The notification advises that according to the Act, any objections must be lodged within 28 days of the application.
A set of questions follows, to be answered and signed by the ward committee chair (councillor).
The final question is, “Does the ward committee support the application? Please provide details.”
A detailed account of objections and concerns raised at the meeting is also called for.
An invitation dated February 23 this year advertised a public participation process on March 17. The meeting took place at Engage Art Centre.
According to the minutes, the owner was given an opportunity to address the meeting, through his attorney.
Concerns raised at the meeting were: ● The time the restaurant would close: the response was 10pm because the property is zoned commercial.
● That the liquor licence was being applied for before the transfer of sale.
● The minutes record that there was a motion for the approval of the application, and a motion against it.
Those who had objections were advised they could submit them in writing to the speaker, the minutes said, and the application would be submitted to the ward committee for consideration.
In other words, it seemed the ward committee was to see only the application, but not the objections – which would be handled separately by the municipality’s administration, via the speaker’s office.
This is what the Bathurst Ratepayers and Residents Association has flagged.
“It undermines the democratic process,” chair Chris Boyd told TotT.
“All the facts are supposed to be brought before the ward committee, which directly represents the community.”
Opportunity for artists
Objections to the application come from residents in the vicinity of the centre.
One resident said when they were consulted about additions to the former Wiles Gallery, they understood it would be a place in the village where artists were welcome to live, work and exhibit art on one property.
“We did not object, we felt it would uplift the village and give struggling artists an opportunity to be discovered without the pressures of earning a living while creating art,” the resident said.
“The premises never housed such artists. Now that the property is up for sale, there seems to be a need for a liquor licence in order to attract a buyer
“… If the main attraction is a liquor licence then the plot has been lost …
“By not objecting to this application we would be opening ourselves up to the possibility of new buyers that may have the idea to conduct a business concern that is damaging to our community.”
They said there was already mayhem at a bottle store close by and that there were already enough liquor outlets for a small village.
According to another resident, Bathurst already has three active liquor licences.
Nolukhanyo has at least one –
“more than adequate to serve the community”.
Talk of the Town sent questions to both Ndlambe Municipality and the Eastern Cape Liquor Board, as well as the liquor licence applicant who is selling the property. Only Ndlambe Municipalilty responded.
Below are our questions and the responses we received from Ndlambe via the municipality’s communications officer Cecil Mbolekwa.
TOTT: This is a complex issue that goes to the heart of public interest and how and why such decisions are made. The first six questions are about process, arising from concerns some residents have expressed. The last two are about vision and planning and the bigger picture and more related to spatial development and town planning.
1. What is the status of the application for an on/off liquor sales licence at Engage Art Centre in Bathurst?
The application was sent to the ward committee and was not approved.
It will now be sent to the Eastern Cape Liquor Board with all objections.
The liquor board has the final say on the matter.
2. How many valid liquor licences are current and operational in the Bathurst/ Nolukhanyo area and what kinds are they? (on-/off-sales or both)?
That cannot be confirmed at this stage.
3. Some ward 5 residents say they weren’t informed about the public participation meeting on March 17. Who was informed, and how?
People who are informed of the meeting are the ones who reside within a 100m radius of the property.
4. Some residents have expressed concern that the applicant’s attorney was present at the public consultation meeting. Are you concerned that this could compromise the status of this meeting?
Yes the attorney was present and it is not out of the ordinary that attorneys attend such meetings.
5. Some residents have expressed concern that those objecting to the granting of the licence were told to send the grounds for their objections to the speaker’s office. They believe it would have served the democratic process better if the objections had been discussed in the ward committee meeting. Please could you comment on that? The objections will also be sent to the liquor board.
6. According to the Liquor Act, the recommendations from the community about a liquor licence application should go directly to the liquor board in addition to the council. Has that been done?
The objections will accompany the application.
What is the spatial development plan for the Bathurst/Nolukhanyo settlement. What community amenities does it involve, and where? Is this (establishment) proposed development in line with that spatial development plan?
Can we at this stage shelve this question.
What is Ndlambe’s vision for Bathurst as a tourist destination and what is the best way to nurture and develop this?
As Ndlambe municipality we are aware that Bathurst is very rich in history: that alone creates interest from people outside Bathurst.
It offers a unique kind of tourism – such as craft shops, businesses that are always open on Sundays. There is live music that plays on Sundays at Emzini Lounge in Nolukhanyo – a classy venue which attracts well-known national artists.
The area’s B&Bs are always full during these kinds of events, which also contribute to township tourism.
There is also the annual Bathurst Agricultural Show, where the Local Economic Development section of Ndlambe books space for local crafters to sell their products.
There are many more initiatives.