Bulawayo bars, nightclubs operating illegally

AT a time when most nightclubs and bars are expecting to record brisk business as the festive season fever grips the country, the Bulawayo City Council may soon shut doors of some nightspots amid revelations that only six bars and eight special restaurants are licensed to operate in the country's second largest city.

However, most of the city's most favoured bars and nightclubs, mostly in and around the city centre, are operating illegally, with records showing that only Skittle Inn, the now defunct Club Forty, Matabeleland Turf Club (Ascot Race Course), Café Munandi, Marisha in Old Magwegwe and Mahweba Night Club in Cowdray Park, are the only licensed nightclubs.

Ironically, Café Munandi shut down years ago and never operated as a night club despite having a licence to operate as one, meaning in the Central Business District (CBD) there is just one licensed bar.

In addition, only Carne Carsa, Vivo Safari, Extreme Sports Club, Grey Bottle Store and Signature which closed its doors last year and is now operating as a pharmacy have permission to conduct business as special restaurants.

These are eateries, which have a separated dining and bar area, that serve alcohol to diners as well as patrons that want to consume alcohol without any meals.

Since Cabinet in October allowed the reopening of licensed bars and nightclubs following a hiatus of over a year-and-a-half due to Covid-19 necessitated restrictions, nightspots in Bulawayo have been recording brisk business as the city restores its reputation as the party capital of the country.

However, most of these nightspots are not only operating illegally but break Covid-19 regulations on a daily basis opening way beyond the stipulated curfew of 9pm to 6am.

According to council regulations, restaurants classified as ordinary are not supposed to serve alcohol while licensed restaurants can only serve alcohol with food.

Responding to written questions from Sunday News the council corporate communications manager, Mrs Nesisa Mpofu, revealed that in terms of council by-laws they had seven different development permits that they could issue to liquor outlets, namely; licensed restaurant (special), licensed restaurant (ordinary), sports bar, bottle store, social club bar, night club and hotel liquor licence.

She further noted that licenses for liquor outlets are issued by the Liquor Licensing Board once the applicant has obtained a development permit for the same from the Bulawayo City Council.

"Night clubs are also established through special consent, they are issued with a development permit which is renewable after every five years. A development permit then enables the applicant to apply for a liquor license from the Liquor Licensing Board.

"The following are some of the properties that have been issued with development permits for night clubs: stands 342 and 343 Bulawayo Township, stand 1344 Bulawayo Township, stand 4370 Cowdray Park Township, Matabeleland Turf Club (Ascot Race Course), stand 472 Bulawayo Township and 5830 Magwegwe Township," said Mrs Mpofu.

She said illegal activities within the city are dealt with in terms of the provisions of the Regional Town and Country Planning Act, where once an illegal activity has been noted, officers visit the premises and advise the perpetrator to cease operations of an illegal activity.

"Written warnings and notices are served to the property owner and the tenant. If the activity continues authority is sought from council to serve enforcement and prohibition orders to the property owner and the tenant and caveats are also imposed on the title deeds of the concerned property. The process continues up to litigation if the perpetrator does not cease the illegal activity.

"However, in the case of an illegal activity occurring on a Council leased property, the perpetrator is dealt with in terms of the Conditions of the Lease Agreement. Unfortunately these cannot be served with enforcement and prohibition orders as such orders are served upon the owner of the property and in this case the owner of the property would be Council," said Mrs Mpofu.

The council spokesperson said development permits that are issued for the establishment of restaurant and liquor outlets have a number of conditions that are set out to guide the operations and there are some conditions that are of major importance and they apply to almost all development permits that are issued by council.

She said these conditions are invoked in case of violation of the development permit.

"Some of these compulsory conditions are that building plans shall be submitted and approved prior to operation of the proposed development, any valid complaints received from the general public in regards to the running of the proposed development could result in the permit being revoked by Council.

"No noise nuisance or nuisance of any kind shall arise from the operation of the proposed development and the property and the immediate environs shall be kept in a neat and tidy state at all times," said Mrs Mpofu.

In terms of enforcement, the council spokesperson said this was done through the Municipal Police and the Zimbabwe Republic Police is also employed to address the issues of illegal activities within the city.