On February 13, 2024, the Honourable Justice Asif KC granted leave to several beach vendors to apply for a judicial review of the decisions made by the Public Lands Commission to deny them beach vendor licenses. The parties involved in the ex-parte application are seeking to have the Court overturn the decisions of the Public Lands Commission and declare that the Commission acted unlawfully and in violation of the Cayman Islands Constitution Order by not appointing a lawful Appeals Authority to allow vendors to appeal their beach vending license application rejections.
According to the Court documents, the parties, Lurlane Berry, David Lyons, Blue Mushroom Ltd., Elardo Mcdonald, Eric Ebanks, Daphne Ebanks, Carolyn Anderson-Hudson, Vanzeletha Jackson, Rue’s Experience Ltd., Taneisha Mason, Andre Woodman and Sandra Woodman, “individually and jointly are Caymanian citizens or entities who have acted as independent Vendors, operating peaceably and without significant incident on Seven Mile Public Beach for the past 2-19 years.”
The Court documents added, “All of the Applicants have operated incident-free, having never been arrested for any offence with respect to the Public Beach; some Vendors being in operation for over 19 years and some operating under consent or acquiescence of the Cayman Islands Government which predates the enacting of the PLA in 2017.”
Notwithstanding this, the Court documents noted that “The Applicants have all received letters dated 15th January 2024 under the Public Lands Act (2020 Revision) (“PLA”) refusing to grant vendor licenses to operate on the Seven Mile Public Beach Park (“Refusal letter”) and demanding they cease trading at the location and vacate the site by 14 February 2024 (“Notice to Vacate”).”
It is alleged that “The Refusal letter, received on or around the 15th and 16th January 2023, do[es] not provide for any redress and the PLA does not provide for appealing the decisions.”
On January 29, 2024, legal counsel for the applicants reportedly “sent a written request to the Secretary Public Lands Commission, and to Mr. Wilbur Welcome, Chief Officer, Ministry responsible for the Public Lands Commission, expressing the need for urgency given the limited time allowed in the Notice to Vacate.” A copy of the written reasons for refusal was also requested.
It is alleged that the request was “acknowledged received by the Secretary of the Public Lands Commission and Chief Officer Welcome on 30 January 2024, however, no documents or substantive replies have been received therefore further hindering the Applicant’s ability to fully and properly bring their action in a timely manner.”
The Court documents added:
The Applicants contend that as a result of the assertions and promises made to each of them, they have a legitimate expectation that they would be permitted to continue to vend along the Seven Mile Public Beach Park.
All Applicants have received the requisite PRIDE Tourism.
Further, those involved in watersports activities have received First Aid training and those involved in food service have received the necessary food service handling/safety training from Department of Environmental Health which they were directed was necessary for vendor licensing on the public beach.
It is alleged that “The Position taken by the Commission to refuse these application[s] will cause major losses to all of the Applicants as this is a primary income that they rely on for the financial survival of themselves and their family.”
After hearing the applications for appeal of the PLC’s decision, the judge ordered the following:
1. Each of the applicants is granted leave to apply for a judicial review of the decision by the Public Lands Commission to refuse to grant that Applicant’s applications for a vendor license.
2. Any proceedings with respect to the enforcement notices issued to the Applicants to cease carrying on commercial activity/vending/operating on public lands is stayed pending the determination of the Applicants’ application for judicial review or further order of the Court.
3. Each applicant shall file and serve a further affidavit by 4.00 pm on 23 February 2024 fully setting out that applicant’s evidence as to the precise nature of the representations and/or promises which that applicant alleges were made to them by Winsome Prendergast regarding the grant of a vendor’s license and on which the applicant allegedly relied, to include the location, date, time and words used.
4. Costs in the cause.
