Variation Not Granted
The Liquor Licensing Board on
Variation of Licence to Jacques Scott and Co. Ltd ("Applicant") to relocate its licence to the district of West Bay.
The Liquor Licensing Board ("Board") of Grand Cayman hereby informs the public of the Cayman Islands of the following facts in relation to the Application for variation of the licence for the Applicant:
- The Board is constituted of 5 members, 2 of whom, including the Board's Chairman, recused themselves from the decision-making process from the outset due to a potential conflict of interest;
- Upon a judicial review of the Board 's decision to deny the variation, the Honourable Chief Justice sitting in the Grand Court, by Order made on 21st October and issued on 25th October, 2010 set aside the original decision of the Board and ordered that the Board reconsider its original denial subject to the laws and regulations relevant to the application for variation;
- On Wednesday, 3rd November, 2010, it was reported in the Press that the variation had been granted;
- The Board wishes to clarify that no meeting of the Board was held between 25th October,2010 and 3rd November,2010 by virtue of which the Board could have reconsidered the said application for variation;
- Further, since 3rd November, 2010 and the present date the Board has had no opportunity to meet for the purposes of reconsidering the variation as there was no quorum following the absence of one member due to medical reasons;
- The Deputy Chairman of the Board, did not approve the application pursuant to section 13 of the Liquor Licensing Law, (which in any case would have to be ratified by the Board acting in quorum), but instead actually agreed only to a reconsideration of the application by the Board in quorum, as soon as reasonably possible and in accordance with the Order of the Chief Justice;
- As a statutory board of the Cayman Islands Government charged with responsibility for matters concerning liquor licensing in Grand Cayman, the Board understands that the Courts may guide the Board in its decision-making but that ultimate responsibility and power to grant any variation vests solely with the Board in the exercise of its administrative duties for which the Courts as guided by the Cayman Islands Court of Appeal cannot substitute its own decision on an application;
- It is accordingly the Board's position that no such variation has been granted to date and is therefore due for reconsideration at the earliest opportunity.