Plan to bar bars that are near churches

Some of the country's popular taverns and shisanyamas, which attract thousands of local and international tourists, could be hamstrung by a controversial new liquor law.

Amendments to the Liquor Act proposed by the Department of Trade and Industry will stop the issuing of liquor licences to premises within 500m of schools, churches and other public facilities.

Provincial liquor boards this week warned that the new law could hamper the growth of the popular venues.

The department initially proposed that all liquor licences for outlets within the prescribed area be cancelled. This will now apply only to new licence applications.

Nevertheless, traders and tavern owners are worried that it could hinder expansion plans. They want the proposal to be scrapped altogether, claiming it favoured big businesses at the expense of small township operations.

Among the popular taverns where future expansion could be stymied by the proposals contained in the Liquor Amendment Bill is Max's Lifestyle in Umlazi, south of Durban.

Max's Lifestyle is one of Durban's biggest drawcards and is one of only three South African restaurants to make Condé Nast's recent "Best Restaurants in the World" list, published globally in September.

The venue is opposite the St John's Church, just 200m away.

At least three other churches can be seen from the deck at Max's.

The proposed amendments to the law have made owner Max Mqadi livid.

"It is these very businesses that make what is called township tourism," he said.

"Has the government considered how many people are earning a living through these establishments? I employ 150 permanent staff but when there are major events, we hire even more," he said.

Other venues which could bear the brunt of the 500m radius rule are Cape Town shisanyama Mzoli's Place, which borders on Gugulethu's Intshinga Primary School, and the Nambitha Restaurant on Soweto's Vilakazi Street, which is close to Phefeni and Orlando West secondary schools. Jack Buda, which is close to Ezazi Primary School in Mamelodi, Pretoria, could also be hit.

The Gauteng Liquor Board's director of client relations management, Cleo Bodibe-Lushaba, said township businesses would also suffer.

The board had submitted its concerns to the department, particularly around the radius rule.

"Gauteng is unique from other provinces in a sense that it is the smallest province, yet the economic hub with the highest population," she said.

"If the 500m radius were to go on, no one would be able to run a business in the townships."

Laurine Platzky, a deputy director-general in the office of the Western Cape premier, said the provincial government understood the rationale for the 500m radius, but did not believe it was always practical.

"For example, in certain suburbs in Cape Town there are schools which have been in existence for decades right opposite licensed restaurants, without alcohol being abused. The Western Cape government feels this is too blunt an instrument to be effective in reducing harms in all cases."

Bheko Madlala, a spokesman for the KwaZulu-Natal economic development and tourism department, which is the shareholder of the province's liquor authority, said concerns were being raised about the law.

The liquor authority and the KwaZulu-Natal Liquor Traders Association have objected to Minister Rob Davies.

They said the rule "oppresses township trading".

Basic Education spokesman Elijah Mhlanga said the department fully supported the law.

"We actually campiagned for it. We have suffered a lot by having alcohol so freely available to teachers and pupils. You can't completely stop it, but you need to be seen to be doing something to discourage it."

South African Council of Churches general secretary Bishop Malusi Mpumlwana said he could not comment until he had read the proposed legislation in full.