Embattled Oh! Brigado Champagne bar owner Olwethu Hoyana has lost his case.
He had sued the police minister and the Eastern Cape Liquor Board (ECLB) for shutting down his popular drinking hole in the Beacon Bay Crossing complex amid accusations that he was operating without a liquor licence.
East London High Court Judge Yolanda Renqe dismissed the case last month with costs yet to be determined.
The ECLB and police closed down the popular nightclub in April after Hoyana allegedly failed to renew his category 1 on-consumption liquor licence. The licence, which is renewable after a period of one year, allegedly expired in February last year.
Hoyana denied the allegations and took the police and the ECLB to the high court for the April 28 raid and shutdown of his club.
Although the East London police confirmed the outcome of the court action, they would not comment further.
Hoyana said he had not received court documents on the matter, adding he would appeal the decision.
According to ECLB spokesman Mgwebi Msiya, Hoyana’s interim court order which he obtained to be allowed to trade pending the finalisation of the court action, was also suspended.
“This effectively means the applicant’s bid to interdict the ECLB and the SAPS, has failed. He cannot continue to run that club as the interdict does no longer protect him.”
The criminal case brought by the police against Hoyana for operating without a licence also stands, said Msiya.
Hoyana launched the court action in April after the Beacon Bay police and public order police (POP) raided the popular bar before confiscating liquor worth more than R200000. The place was shut down in front of scores of patrons, some of whom had converged in East London for Africa Bike Week. —firstname.lastname@example.org