A restaurant owner told the Liquor Licensing Board of Grand Cayman that if a variation in his liquor licence is not granted his business will likely fail.
Mr. Chesley Parsons of Alfresco on 53 Town Hall Road, West Bay, was speaking at the board’s quarterly session 7 June at Custom’s Headquarters.
The decision was still pending by press time on whether Mr. Parsons would be permitted to serve beer and wine with food on an outside deck at the restaurant.
The variation application, to include the deck as part of the licensed premises, had been deferred from the previous quarterly meeting on 8 March.
Four objectors addressed the Board last Thursday.
In his address, Mr. Parsons said since 90 per cent of his business was done on the outside deck, not getting the variation in licence would be detrimental to his business. In fact, he said he gets lots of cancellations because he cannot serve alcoholic drinks there with his beer and wine licence.
‘I’m struggling very hard to make it,’ he told board members. ‘And I feel if I’m not allowed to serve beer and wine on the patio I will have to shut the business down’.
Mr. Parsons gave board members documents from Lands and Survey and the Planning Department along with a letter from the National Roads Authority.
Asked by Chairman Mitchell Welds if the deck is on the same parcel of land as the building, Mr. Parsons answered that it is.
Mr. Parsons also noted that Mary Mollie Hydes Road dissects this parcel of land.
Board member Craig Nixon asked if the NRA had started a de-gazetting timeframe for the Mary Mollie Hydes Road.
Mr. Parsons said he had spoken to the Minister responsible for roads and that the process is in order.
Mr. Parsons said he would be more than happy to abide by board member mandated stipulations for serving beer and wine on the deck.
Objector Ezmie Smith said the deck hasn’t been set back a full 20 feet from the road as is usual.
‘It’s right in line with Mary Mollie Hydes Road, which is still a public road,’ she said.
She said she wrote to the NRA to enquire about the road and received a letter back saying it is still classified as a public road, but it is no longer open to traffic.
But Ms Smith said she has seen many people use the road.
She said she made an enquiry with Planning and there had been no application made for the building of a deck recently, or under the name of the Silver Sands Café, which the property was called formerly. ‘It’s right on the edge of the road,’ she said.
The restaurant is only small and there appeared to be only one bathroom, she said. ‘So I wonder if there was a large crowd how would they accommodate this?’ she asked.
Contrary to section 9 (e) of the Liquor Licensing Law, the premises causes an inconvenience to residents of the neighbouring property, she said, because there is insufficient parking and cars park instead on a nearby parcel of land.
‘That parcel is being used without the owner’s permission,’ she said.
She also said safety is an issue because to get to the deck from the restaurant you have to cross the Mary Mollie Hydes Road. ‘It could result in an accident,’ Ms Smith said.
She said the upstairs of the two-storey building the restaurant is in could be used in place of the deck.
She asked board members to take note that the deck had been there before any variation was given, and noted Section 32 of the law, which states that no alteration other then redecoration and maintenance can be carried out to licensed premises until a variation order has been granted.
Ms Smith also said she had seen beer and wine served on the deck on a previous visit to the premises.
When asked if she had photos, Ms Smith said she did not but she had someone with her whom she could produce if need be.
She suggested that the location of the deck is not in the public’s interest. One more establishment increases the garbage, she said.
Objector Kervin Glidden said the capacity in seating has doubled at the premises, but parking has been reduced.
The location of the deck was originally a parking lot so there is less parking now and Mr. Glidden said that cars are parking on his property instead.
While objector Dale Banks said he has the greatest sympathy for anyone struggling to make a living, he thinks the application before the board would be detrimental as it has always been a family oriented area. ‘The solution to the man’s problem would be to keep the operation inside using both floors of the building,’ Mr. Banks suggested.
The old parking area should be reverted to that purpose, he added.
Church Minister Gareth Haylock of the Church of God in West Bay said alcohol, even though consumed with food, is still dangerous.
Tommy Bodden, business manager for the Church of God Full Gospel Hall, said because of the proximity to the church those in church service on a Sunday could probably see people drinking on the deck if the application is granted.
Mr. Welds said board members have a letter from the National Roads Authority promising to look into the situation with the Mary Mollie Hydes Road and are awaiting feedback.
Mr. Parsons told the members that his property has three bathrooms including one upstairs for staff, which could be used for customers.
Mr. Parsons said he can tell people not to park on Mr. Glidden’s property, but it is an open space. Mr. Parsons has permission for parking in two other nearby areas, he said. The parking area where the deck is could only hold three cars anyway, he said.
He said he has never served alcohol outside.
He said there are bottles of beer thrown all over the road, bottles that he doesn’t even sell, but he picks them up and cleans the area nevertheless.
He said he would put a security guard on duty if he is allowed to sell beer and wine outside.
He noted that Margaritaville, which is a bar, looks down on Elmslie Memorial Church.
‘If I can’t proceed to sell beer and wine outside this business will fail,’ he said.
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