Thu 26 Jan 2012
Beluga blogger ban: ‘Blonde’ legal and service reaction
Posted by Chris von Ulmenstein under Blogging news, Cape Town, Chris von Ulmenstein, Restaurant news, Service news, Whale Cottage Portfolio
Yesterday Twitter was a-buzz with the news that Beluga restaurant owner Oskar ‘Blonde’ Kotze had banned blogger Shaun Oakes from his restaurant, because his girlfriend had written to him to share their poor service experience at the restaurant with him. It is rare that one sees such a reaction to an incident on Twitter. A link was provided in a comment on Oakes’ blog to our Sour Service Award given to Beluga, for similar heavy-handed treatment by Kotze, and had a record of more than 1000 unique views yesterday. The volume of activity about the Beluga ban was reminiscent of the Portofino owner and customer interaction, which was featured on the 2Oceansvibe website almost two years ago.
In short, the service from the waiter was poor and he was cheeky, the couple complained, received the meal and drinks on the house, and the girlfriend sent an e-mail to Kotze, to which Kotze sent an angry reply, all of which Oakes documented in his blogpost. This was Kotze’s ‘Blonde’ (Oskar loves blonds and ‘Blonde’ is the name of his failed restaurant in Gardens) reply:
“The fact that you swore at my waiter **** is completely unacceptable – I have convinced him to lay a criminal case against you, and the company will back him all the way – its the year 2011 and no one has the right to speak to people the way you did – even your mail below is degrading and condescending. From my side, I am sorry that I was not here, I would have chased you out of my restaurant if I was. As to your personality, lack of manners and general attitude to life I will refrain from commenting – the fact that you even have the audacity to contact me and threaten me after what you did – seriously, wow, what a joke. This will be the last communication that you will receive from me – I have asked ***** to provide me with your ID number so that we can use that for the criminal case. Obviously I never want you to come close to any of my businesses ever again – and if your friends condone the way to deal with people, and you convince them not to come to my restaurants, well then that will also be ok”.
Beluga is completely out of line in its reaction to Oakes and his girlfriend:
* The restaurant has lost not just one couple as clients, but possibly hundreds too, if the more than hundred comments posted to Oakes’ blogpost is anything to go by, the majority of commenters disparaging the poor service and poor quality food at the restaurant. Very few positive comments were seen to be in support of Beluga. Capetonians who had not been to Beluga even wrote that they would not try it out, because of Kotze’s action.
* There is no legal action that Beluga’s waiter can take against Oakes, as he and his girlfriend have not contravened any law
* Beluga’s action is illegal relative to the new Consumer Protection Act, which does not allow one to discriminate against customers in any form
* Beluga’s action goes against all norms of customer service. Yesterday we wrote about a new initiative of the Department of Tourism to introduce a National Service Excellence standard for the tourism industry, which would include restaurants, and it contained a service standard of : “Service: should be friendly, professional, guest focused and driven, and offer an effective service recovery”, none of which is reflected in Kotze’s action!
Oakes could lay a charge against Beluga for discrimination against him as a customer with the National Consumer Commission, as well as the Western Cape Consumer Protector, that is if he would ever want to return to Beluga. The treatment we received from Kotze, in sending the police to evict me from the restaurant as an invited guest due to giving sister restaurant Sevruga a Sour Service Award, and other feedback I have heard from past staff, makes one wonder why action has not been taken against Beluga and its owner! The only winner in the Beluga blogger ban is Oakes, whom most other bloggers had not heard of before, but whose blog will have achieved a record number of hits yesterday, and who has become one of the best-known bloggers in Cape Town overnight.
Chris von Ulmenstein, Whale Cottage Portfolio: www.whalecottage.com Twitter:@WhaleCottage



January 26th, 2012 at 11:53 am
This is such a non-issue, yet there’s so much noise about it?!
My view is that Oakes’ girlfriend could have emailed her complaint without essentially threatening the owner (by saying she and he and their friends were all bloggers.) It wasn’t necessary and would piss anyone off.
Beluga, rightfully pissed off, should have been far more graceful in their response. Customer (regardless of how pathetic they are) is king.
Case cosed.
January 26th, 2012 at 12:57 pm
I agree Dale.
It’s easy to fire off an e-mail when one is angry, and Kotze should have read it a second time before sending his e-mail.
Chris
January 26th, 2012 at 1:53 pm
“Beluga’s action is illegal relative to the new Consumer Protection Act, which does not allow one to discriminate against customers in any form”.
….that’s not true and well you know it Chris.
“right of addmission” is still reserved.
January 26th, 2012 at 4:02 pm
The thing that makes me really laugh is how people are making fun about the “influential blogger” line… the fact is that he blogged about it and it was the #1 trending topic in South Africa. That seems pretty influential to me!
January 26th, 2012 at 4:06 pm
Dear Ryan
I am not a lawyer, but have studied the Consumer Protection Act closely. Any form of discrimination, including ‘right of admission reserved’ is discriminatory!
Chris
January 26th, 2012 at 4:07 pm
Self-fulfilling James, if nothing else!
Chris
January 27th, 2012 at 1:58 am
the consumer protection act (and discrimination)has all to do with colour, creed,sex, disability,etc…and rightfully so
and has little to do with behavior,appropriate dress code,reputation,etc,etc…and rightfully so
by your line of thought a bar could not turn away an already very drunk consumer and clubs and restaurants could no longer excersize a dress code.
January 27th, 2012 at 7:42 am
Discrimination is discrimination, in whichever form Ryan.
‘Behavior’ (sic) is a subjective evaluation, and banning based on this is discrimination. The Act does exclude actions which could lead to physical danger, but this was certainly not the Beluga case.
I am surprised that as a restaurant owner you are condoning such discriminatory practices.
Chris
Chris
January 27th, 2012 at 8:27 am
well,we’d need to agree to disagree.
of course you would go the “Discrimination is discrimination” route.
do you allow pets in your guest houses?
I think I have made my point and enough people would understand that an establishment is entitled to it’s own rules regulations and code of conduct.
January 27th, 2012 at 10:43 am
Right or wrong, surely the customer is always the customer?
Without customers they are just a nice building with nice decoration.
January 27th, 2012 at 11:04 am
anyone who dines at beluga deserves what they get and that includes food poisoning but hey its got a lecker vibe man as the capetonians say and with most peole these days the food doesnt really matter as long as its cool !!!
am i getting old
January 27th, 2012 at 11:24 am
Chris, why don’t you go to Beluga and test your discrimination theory in relation to the Consumer Protection Act? It does sound to me, with the level of detail you have studied the act, that you are finding every opportunity to test it.
January 27th, 2012 at 11:28 am
Dear Paul
I have been evicted from Beluga once already, so don’t need to test their ‘discrimination theory’ any further. At that time the Consumer Protection Act was not in place unfortunately.
Chris
January 27th, 2012 at 11:30 am
Dear Ryan
No house rules or regulations or code are above the law!
We do not allow pets, but they have not as yet been defined as people, and there is no law demanding that pets be accepted (yet)!
Chris
January 27th, 2012 at 11:31 am
Agree with your sentiments Darren and Anton.
Chris
January 28th, 2012 at 5:21 pm
I am a loyal Beluga,Sevruga customer,and regardless of what anyone says,there food,and service is great.
People who take humor up so seriously,should really just rather put a sock in in,and stay at home!!!!
They are unhappy people,and will always have a problem with everything!!!
Oskar,and the whole Caviar team, well done,and I salute your success,the food and SERVICE!!!!
Mel
January 28th, 2012 at 5:58 pm
There would be many who disagree with you Mel. I for one do!
Chris
January 30th, 2012 at 8:15 am
What she was looking for with this quote:
“What I would like to point out, Oscar, is that both Shaun and I are bloggers/writers, having good friends who are the top bloggers in Cape Town. Shaun works at the biggest internet marketing company.”
A free meal lifetime?
I agree that the waiter was way over friendly, but they should ask for a new waiter from the begin, instead of looking for faults and for a free meal like any f*%$#ing blooggers does!
That is all they look for: mistakes and free meal for them and friends!
February 4th, 2012 at 8:55 pm
i’ll be going to beluga more after this.
condescending self obsessed lady who had no need to send a message of the tone she did.
free meal and changed waiter. leave it at that.
no one cares u know a lot of people in the blogging world.
everyone is a blogger these days.
this article also seems a bit one sided, in not showing what the girlfriend said.
but i suppose all bloggers will be behind her. and the rest of us common folk might just be the only ones to see how much of a bitch she was being.
feel free to ban me from reading your blogs. haha
February 6th, 2012 at 10:31 pm
Oh dear… I think the last couple of comments are purposely detracting from the point. One word for Beluga restaurant, the waiter and owner - COCAINE. Us common folk do deserve better, that was the girlfriend’s point.