MOSSEL BAY NEWS -  Yesterday evening, 20 May, the popular Mossel Bay restaurant Big Daddy’s announced on its Facebook page that it would be closing its doors from today, 21 May, until further notice, leaving all its patrons scratching their heads.

Although the reason for this closure is unclear at this stage, Mossel Bay Advertiser is aware that on 23 December last year, the Mossel Bay Municipality entered an application for an interdict against the restaurant and two other respondents in the civil court of Mossel Bay Magistrate’s Court.

The application claims that the restaurant, which had moved to a new location at the Eden Office Park at 8 Grave Street in Mossel Bay last year, has been in operation for almost a year without a business license, and that the restaurant had allegedly been operating while in contravention of municipal by-laws for public nuisances and air quality control.

In response to the media queries the Advertiser sent the municipality, it confirmed that there “are currently criminal and civil cases pending...” The municipality said it could not add further comment at this stage, “as the information is deemed to be privileged and sub judice.”

Contraventions
According to the civil court application, a copy of which the Advertiser is in possession, the application was filed against three respondents: Big Daddy’s Foods (Pty) Ltd, which operates from the Eden Office Park, and two others, from whom Big Daddy’s rents the property. 

The application asks the court that the respondents be ordered to immediately cease their restaurant operations until a business licence has been issued, and that they cease contravening sections 3(1)(g) and 4(1)(a) & (i), read with section 38(1) of the Mossel Bay Municipality by-law relating to public nuisances, 2010, as amended; and section 26(1) of the Mossel Bay Municipality by-law relating to air quality control; until such time as the respondents have complied with certain provisions.

The application also seeks that the property not be utilised contrary to the approved plans until such time as the revised submitted building plans have been approved and a certificate of occupancy, alternatively completion, has been issued by the applicant.

It further states that if the respondents fail to comply, the sheriff, assisted by the South African Police Service and employees of the municipality, if necessary, would be authorised to close the property and ensure it stays closed until the respondents have complied with the necessary legislative requirement.

The application has an accompanying affidavit from the municipality’s planning and economic development director. It stated that Big Daddy’s also conducts a restaurant from the corner of Powrie and Riley streets in Mossel Bay.

The affidavit claims that a complaint was received in July last year regarding construction taking place during the night at the Eden Office Park, and that upon investigation by the municipality, it was found that the director of Big Daddy’s, Chris Bester, had opened another branch or, alternatively, relocated a portion of his restaurant business to the business park.

Inspections conducted
The affidavit said an inspection was then conducted by a municipal senior inspector, and it was found that a portion of the property, which is indicated as office spaces on the approved plan, had been converted to form part of the restaurant. It claims this was a deviation from the approved plan.

The affidavit stated that on 31 July, a notice of contravention of Section 4(1), as read with Regulation A25(5) of the National Buildings Regulations and Building Strandards Act No. 103 of 1997 (NBR) was issued to two other respondents, requesting that all non-approved activities be ceased immediately and that plans with all the deviations from the last approved plan be submitted for possible approval, or that the property be restored in accordance with the last approved plan, within 21 days of the notice.

The affidavit said a plan indicating the deviations had been submitted to the municipality for approval on 18 November, but that this plan has not been approved yet.

It also claims that noise travels from the restaurant and the extractor fan installed in the chimney, which leads to various noise and fume nuisance issues at the adjacent properties.

An inspection report was issued warning Big Daddy’s to ensure that a valid business licence be obtained within 14 days and that remedial steps (sound-proofing and extension of the chimney) be done within 10 days of the notice.

Big Daddy’s allegedly did not adhere to this notice.

The affidavit further claims that on 17 September, Big Daddy’s applied for a business licence, and the restaurant’s director indicated it had a liquor licence, but the licence address did not match the 8 Grave Street premises.

On 25 September, a further notice of contravention, summarising all previous notices as well as the contravention of the public nuisance by-law, was sent to Big Daddy’s. Around this time, the municipality sent a letter to the restaurant, stating that the business licence could not be approved due to the contraventions.

No co-operation
The application concluded that the respondents refused to co-operate or comply with the notices from the municipality, despite the contraventions being brought to their attention.

It claims the municipality has “well-grounded apprehension of irreparable harm if an interim interdict is not granted”, further alleging that the respondent’s (Big Daddy’s) business operations as a restaurant were causing serious health violations and nuisances.

The applications stated there is no other remedy available but to obtain an interdict against the respondents from proceeding with business operations and activities, as well as proceeding with the erection of unlawful structures on the property.

Before the restaurant’s closure was announced, Big Daddy’s attorney told the Advertiser that their client disputed the allegations as they have been presented. “As the relevant issues are the subject of ongoing legal and regulatory processes, it would not be appropriate to engage in detail on matters that are before court,” they said.

When asked about the notice of closure today, 21 May, Bester commented the following: “I truly wish I could share and explain my side fully. However, due to ongoing legal matters and advice received, I am unfortunately unable to comment at this stage.

It is also understood that the homeowners of one of the adjacent properties to the restaurant brought an application for an urgent interdict against Big Daddy's at the High Court in Cape Town. The outcome of this application is not yet known. 

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