High Court orders Alex Park restaurant to stop noise pollution

Suburban Reporter

The High Court has ordered a restaurant in Alexandra Park to stop playing any music and instruments or cause any noise pollution in the neighbourhood, in a major victory for residents who had been enduring noisy nights from the joint.

The dispute pitted the owners of the restaurant JC Delonics Investments trading as Cosmopolitan Bar or Corner Peak and residents of the area under the Alexandra Park Residents Association.

Justice Regis Dembure made the order with the consent of the contesting parties in case Number HCH5365/24 and permanently halted the enforcement of the residents’ decision to suspend JC Delonics Investments’ liquor license number LLB  8000622024.

However, Justice Dembure also ordered the owners of the restaurant Nicholas Mandeya and JC Delonics Investments to remove the first two steel structures they put up on Stand Number 31 Fleetwood Road, Alexandra Park and create parking for their operations inside their premises.

“Whereupon, after reading documents filed of record and hearing counsel it is ordered by consent that:

The enforcement of the decision of the 1st Respondent dated 20 November 2024 against the Applicant to the effect of suspending the restaurant liquor license LLB 8000622024 be and is hereby permanently stayed.

The applicants shall remove the first two steel structures erected in stand number 31 Fleetwod Alexandra Park, Harare, and create parking space for patrons, staff, and customers inside the premises within two months from the date of this order.

The applicants are hereby interdicted from playing any music or instruments so as to cause noise or disturbances to neighbours.

The applicants shall not cause patrons to use the area adjacent to stand number 29 Fleetwood, Alexandra Park, Harare without requisite approval from the relevant authorities or any permit holder.

The applicants shall withdraw the appeal under case number ACC 49/24 without any costs.

There shall be no order as to costs,” ruled Justice Dembure.

Mandeya and JC Delonics Investments were the applicants in the matter while Dr P Sibiya was the first respondent, Alex Park Residents Association the second respondent and Local Government and Public Works Minister Daniel Garwe was the third respondent.

Before the legal actions between the parties, Old Alexandra Park residents had complained that the restaurant/bar was gravely breaching their peace by playing loud music and hosting live musical shows.

The residents alleged that the restaurant/bar was wantonly violating council by-laws dealing with noise pollution and had become a big source of significant disturbance for the community’s peace.

According to the residents, the restaurant frequently hosted loud parties, karaoke nights and live music events that run into the early hours of the morning. The residents also accused the nightclub of allegedly polluting the environment because its patrons were leaving litter including empty beer bottles and used condoms strewn all over.

The burden to clean up the mess was on the residents who were compelled to act to protect school children attending Alexandra Park Primary School, located less than 200 metres away. Residents also criticised Cosmopolitan for its patrons’ disrespectful behaviour such as relieving themselves on security walls of neighbouring properties and parking on road verges adjacent to residents’ houses because of the lack of designated parking at the premises.

The residents then approached the courts seeking the suspension of the liquor license for Cosmopolitan before the restaurant made its application challenging the residents’ demands.