Simply Fish Moreleta Park CC and Others v Tshwane Local Committee of the Gauteng Liquor Board (20158/2006) [2007] ZAGPHC 353 (7 February 2007)

Simply Fish Moreleta Park CC and Others v Tshwane Local Committee of the Gauteng Liquor Board (20158/2006) [2007] ZAGPHC 353 (7 February 2007)

The court held that section 31(2) of the Gauteng Provincial Liquor Act 2 of 2003 is clear and unambiguous: a catering or occasional permit may only be granted for a period not longer than seven consecutive days under a single application. The Act distinguishes between licences and permits, and does not provide for the granting of multiple seven-day periods under one application. The previous liquor legislation is not relevant to the interpretation of the current Act, which introduces a new regime for permits. The applicants' reliance on the Domitz case was misplaced, as that order did not decide the interpretive issue. The applicants' attempt to avoid multiple application fees by seeking...

Citation
[2007] ZAGPHC 353
Parties
Applicant: Simply Fish Moreleta Park CC; Applicant: Café Grenadine - The Village; Applicant: Wekker Restaurant CC; Applicant: Wonderjohn Restaurant CC; Respondent: Tshwane Local Committee of the Gauteng Liquor Board
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
7 February 2007
Case Number
20158/2006
Procedural Posture
Review Application / First Instance Judgment
Outcome
Applications dismissed with costs.
Judges
A. P. Ledwaba
Legal Topics
Statutory Interpretation, Liquor Licensing, Exceptional Circumstances, Permit Application, Costs Award
Administrative Law Civil Procedure Statutory Interpretation Liquor Licensing Exceptional Circumstances Permit Application Costs Award

Case Brief

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Parties

Simply Fish Moreleta Park CC

Applicant

Café Grenadine - The Village

Applicant

Wekker Restaurant CC

Applicant

Wonderjohn Restaurant CC

Applicant

Tshwane Local Committee of the Gauteng Liquor Board

Respondent

Procedural Posture

Review Application / First Instance Judgment

Legal Issues

  1. 1 Whether section 31(2) of the Gauteng Provincial Liquor Act 2 of 2003 permits the granting of catering or occasional permits for multiple periods of seven consecutive days under a single application.
  2. 2 Whether the applicants' interpretation of section 31(2) is correct in light of the statutory context and previous legislation.
  3. 3 Whether the principle of stare decisis requires the respondent to follow the decision in the Domitz case.

Ratio Decidendi

The court held that section 31(2) of the Gauteng Provincial Liquor Act 2 of 2003 is clear and unambiguous: a catering or occasional permit may only be granted for a period not longer than seven consecutive days under a single application. The Act distinguishes between licences and permits, and does not provide for the granting of multiple seven-day periods under one application. The previous liquor legislation is not relevant to the interpretation of the current Act, which introduces a new regime for permits. The applicants' reliance on the Domitz case was misplaced, as that order did not decide the interpretive issue. The applicants' attempt to avoid multiple application fees by seeking...

Court Disposition

Applications dismissed with costs.

Orders

  • The applications are dismissed with costs.
  • The applicant in case number 20158/06 is ordered to pay the respondent's costs, including costs of two counsel.