City club in court after ‘rattling’ sleepy Bo-Kaap

The owner of a city nightclub has become the first to stand trial in the Municipal Court for allegedly contravening noise by-laws, after residents complained that the club’s heavy bass was rattling their kitchen sinks and keeping their children awake.

The case was brought to court by the City of Cape Town’s Liquor Enforcement and Compliance Unit, and was based on the evidence of residents and city officers who visited their homes to take noise readings.

The unit has taken city nightclubs to task under the noise nuisance by-law before, but Club 121, in Bo Kaap, has become the first establishment where the case has gone to trial.

The unit said that by January it had received more than 100 complaints from residents living in the Bo-Kaap.

Club 121, which started operating 18 months ago, is facing three charges in the municipal court. Two relate to operating without a business licence and one relates to the noise nuisance complaint.

Part of the Liquor Unit’s case was that officers, who had visited the complainants’ homes in the early hours of the morning, observed kitchen sinks shaking and babies crying because of the noise levels coming from Club 121.

The unit’s senior officials testified that desperate residents SMSed them in the middle of the night complaining of the noise.

But club owner Allen Tavakoli, who is from the US, argued that he had spent thousands of rands on sound-proofing the premises, and had taken all measures to comply with the city’s regulations.

His lawyer, Kenneth Bredenkamp, argued that there were other establishments in the area that were causing the noise.

Tavakoli’s application for a business licence is still pending.

The trial started three weeks ago, when Nathan Ladegourdie, the unit’s assistant chief, testified on his visits to the residents’ homes.

Ladegourdie said that in one home, the music was so loud the kitchen sink vibrated.

Yesterday, Aletta Williams, the unit’s regional inspector, took the stand and was asked by the city’s lawyer, Bryan Frazenberg, to recount her experiences involving the club.

Williams said the club was the city’s worst transgressor regarding noise complaints.

She said she first started receiving complaints about Club 121 towards the end of last year, with the most recent received just last week.

In November, she sent a senior inspector to the club after complaints from Bo-Kaap resident and city councillor Taki Amira.

Williams said the club was then issued with a warning notice.

A month later, after more complaints, two officers were again dispatched to the club. The officers visited the complainants’ homes and found the sound from the club to be “very loud”.

Williams said the club was then issued two fines for operating without an entertainment licence and for the noise levels.

After another complaint in January, Williams visited the home of one of the complainants.

She said that by this time, the unit had received around 100 noise complaints relating to the club.

“I could hear the sound of the music all the way as I was walking to the complainant’s house. When I went into her bedroom, I could hear the sound of the bass.”

Williams said she went to the club and asked the manager to speak to her outside, as she was not able to hear him inside the club.

“I took him to the parking area, and I told him to listen to the music, that it was too loud. He said he agreed that it was too loud.

”I asked him to turn the bass down because we can’t come to the premises every night.”

When she drove past the club about 45 minutes later, Williams said the music sounded softer.

Later that month, Williams received another complaint on a Sunday night. She said she asked Ladegourdie to accompany her to the club.

They visited one complainant who said her children could not sleep.

“We sat in the (complainant’s) kitchen and we could hear the music.”

Williams said her and Ladegourdie went to the club where they were again met by the manager.

She said they again pleaded with him to keep the music down.

Williams testified that in one home, she had observed an eight-day-old baby crying. The mother explained that the child was unable to sleep because of the music. She said parents also complained that their children were lethargic and unable to concentrate at school because of the noise.

On one occasion, Williams said she and Ladegourdie met Tavakoli at the club.

They walked up the street near to the complainants homes.

“Ladegourdie asked him if he could hear the bass and he said he couldn’t hear anything. I was so surprised because I could hear it loud and clear.”

Williams said Tavakoli was “aggressive” during their meeting, and that he believed there was only one complainant.

The trial is set to continue on July 11.

bronwynne.jooste@inl.co.za