Liquor Application Update: The Countess

In line with our policy on liquor licences, objecting to all liquor applications, the MRA Committee engaged with the applicant for The Countess at 27 Boxes in regards to the liquor licence sought by it and its intended operations.

This engagement bore fruit in the form of an agreement between the MRA Committee and the applicant which sets out terms and conditions to be incorporated in the licence which is acceptable to the committee, should the licence be granted.

The local liquor board committee indicated that they would recommend the grant of a restaurant licence incorporating the following terms and conditions:

The trading hours of the business shall be limited to the following:

– 08h30 to 22h00 on Tuesdays, Wednesdays and Thursdays
– 08h30 to 23h00 on Fridays and Saturdays
– 08h30 to 18h00 on Sundays

All liquor consumed outdoors shall be served to, and consumed by, seated patrons only, and as an accompaniment to meals.

All liquor served indoors shall likewise be served only to seated patrons as an accompaniment to meals, except at the designated bar counter area, where all patrons thereat are required, without exception, to be seated when consuming alcohol.

No speakers shall be mounted outdoors on, or be pointed toward, the verandah area. Music shall be ambient and for background purposes only. Upon receipt of a noise-related complaint by any resident of Melville or member of the South African Police Service, we undertake to take reasonable steps to timeously address the cause of the complaint.

There shall be no live performances or entertainment at the premises

Agreement that this undertaking is equally binding on the company to be formed for the purpose of owning and carrying on the business (“the company”), as well as upon the applications jointly and severally.

There shall be no transfer of shares, members’ interest or any other form or ownership or means of control in respect of the proprietor/s of the business, without the prior written consent of the Melville Residents Association (“MRA”) or its successors in
title.

Any liquor licence granted in respect of the business and/or its proprietor/s, shall, in terms of section 3 (2) (b) read with sections 15 and 21 and section 37 (3) of the Gauteng Liquor Act, 2003 or any legislation which repeals or amends same, incorporate all the terms and conditions recorded herein as enforceable restrictions forming an integral part of the conditions of such licence. Any contravention of the terms recorded herein shall likewise be deemed to be a contravention of the terms of any liquor licence granted in respect of the business and/or its proprietors, whether they be natural or legal persons.

This agreement and undertaking may not be varied, nor may it be cancelled, in part or as a whole, unless same is recorded in writing and signed on behalf of a duly authorized representative of the MRA whose mandate to do so shall be obtained from a majority vote of the general membership of the MRA.

Insofar as any of the above-mentioned terms are in conflict with the provisions of any legislation, we hereby waive the right to rely upon any such conflicting provisions and agree that the terms recorded herein shall take precedence.

This undertaking is a material condition for the granting of any liquor licence applied for in respect of the business and/or its proprietor/s within the municipal boundaries of Melville.