(CMR) The Grand Court has granted leave to nine beach vendors to apply for a judicial review of the decision by the Public Lands Commission to refuse to grant their applications for a vendor license.
According to the court document, any proceedings with respect to the enforcement notices issued to the applicants to cease carrying on commercial activity/vending/operating on public lands are stayed, pending the determination of the applicants’ application for judicial review or further order of the Court.
Last month, the PLC announced that 34 vendors were approved for the Seven Mile Public Beach Park area following an invitation for vendor permit applications last year. Vendors who had not been granted a permit were issued with a cease and desist order to vacate operations by 14 February 2024.
However, several vendors whose applications were not approved filed an ex parte application for leave to apply for judicial review of the PLC's decision. According to court documents, the applicants, 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 to 19 years.
The applicants said they have never been arrested for any offense on the beach, and some have been operating for years under the consent or acquiescence of the Government, predating the Public Lands Act (2017).
The applicants said the refusal letters received from the PLC do not provide any redress, and the PLC does not allow for the appeal of the decision. They assert that this is in direct contravention and breach of their rights under Sections 7 and 19 of the Cayman Islands Constitution Order, 2009.
According to court documents, the decision taken by the PLC to deny these applications will cause major losses for these vendors, some of whom also employ others. The vendors contend that they have received the necessary certifications and training with the promise that they will be allowed to operate on the beach.
The vendors said they are not opposed to regulations and a licensing regime but that the regulations must be lawful. Also, they are of the view that the PLC failed to administer these regulations and licensing regimes objectively and fairly.
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