By Phindile Chauke

The owner of a top Sandton hot spot has denied running a nightclub and accused the councils legal director in court of drunkenly imagining the presence of DJ booths and dance floors.

Gregory Ioannou, owner of The Palms, a night spot at which Joburg celebrities like DJs Fresh and Sbu have performed, told the Joburg High Court that his establishment was instead an "up-market restaurant" that contravened no bylaws.

Last week, the Joburg council and Sandton residents took Ioannou to court to try to force him to stop operating a nightclub.

The city says that The Palms, which only has permission to operate as a restaurant, is running a nightclub illegally in an area not zoned for the purpose.

Neighbours say the establishment which has a cover charge at night of at least R100 and which opened last year after costing R8 million to decorate makes far too much noise.

Their lawyer, Corien Potgieter, said they had asked the court to order The Palms to stop serving drinks without meals to patrons who, they say, urinate in their gardens.

A neighbour, who asked not to be named, said in his affidavit before court:

"A further nuisance is caused by patrons using Linden Road for parking, talking loudly, hooting and playing loud music on their car radios when they leave. Recently.

I observed a patron of The Palms urinating into my garden through my front gate."

"Both Ioannou and the company that owns the building that houses The Palms, Sandton Isle Limited, were taken to court by the city. Judgment was reserved.

After numerous complaints by residents, the council sent its legal services acting director, James Rammala, last May and June to check whether The Palms was a nightclub operating in contravention of town planning rules.

Rammala said in court papers that he heard loud music and observed a "variety of disco lights", a "disc jockey booth" and a "demarcated area for use as a dance floor".

Rammala said The Palms was a restaurant and corporate function venue by day, but by night "its identity completely changed to that of a nightclub", and he issued Ioannou a written warning to stop operating a nightclub immediately.

But Ioannou hit back in responding papers, saying that Rammala had brought three friends along to the inspection and arrived again, two weeks later, with another friend and "insisted to drink without eating and also asked for a cigar".

Ioannou claimed Rammala and his friend knocked back four double whiskeys and he was "somewhat concerned about their ability to drive, particularly since they had refused to eat anything and were somewhat intoxicated".

He said: "It is ludicrous to suggest that a council official goes about official business accompanied by a friend, not once, but twice. The denial of being intoxicated does not come as a surprise."

Rammala presented the court with photographs of The Palms, which is decorated with crystal chandeliers. The long bar serves Dom Perignon champagne at R3200 a bottle.

The Palms's website says the establishment has guest DJs on Friday and Saturday evenings, and admits to the presence of two DJ booths.

But in court papers, Ioannou says:

"There is no disc jockey booth as alleged. There is, however, a control room from which the lights and music are controlled. There is no demarcated dance floor as alleged.There is an open space that facilitates easy movement by the waiters carrying food to the various tables."

"The Palms does not operate as a place of amusement and a nightclub as alleged."

Sunday Times