Last night we had the story of the business owned by former UDP National Campaign Manager Karim Berges. It's called "48 Baymen" and Berges says it will serve as a business conferencing center to hold formal and informal meetings and seminars. But he says he needs a liquor license because sometimes at the end of business, there is a taste for pleasure. The neighborhood watchdogs say that another liquor license in this residential community will just further deteriorate a qualify of residential life that's already been eroded by two liquor licenses in the area. They both took their case to the Belize District liquor licensing board and on May 14th. Berges won out. Last night we gave you the broad strokes of the difference of opinion, tonight we look into the finer details. Jules Vasquez reports.
This is the petition circulated by 48 Baymen Avenue owner Karim Berges garnering support of 30 names including city councilor Roger Espejo who strictly speaking does not live in the immediate area. Those opposing the project say they have 100 names and of residents who live in the immediate proximity. They asked the liquor licensing board in this letter to stop the "gradual invasion" into their neighborhood and to "halt the nuisances."
But on May 14th the City Council still granted this license signed by Chairman Wilmot Simmons. In a 4 page explanation of the decision to both Berges and Perdomo - on May 14, Chairman Simmons explained that the board disagrees that the business is likely to become a nuisance and finds that is not sufficient grounds to deny the license. It also points out that Berges provided a list of signatures of residents who do not oppose the license. Simmons concludes that if there were more of a consensus opposing the granting of the license, then the board may have decided differently.
That's where it stood, for about 24 hours when this letter came from the Ministry of Local Government saying that on behalf of Honorable Carlos Perdomo, the Minister of Local Government has considered the appeal of the residents and "has decided to overturn the decision of the Belize District Liquor Licensing Board."
In a letter dated that same Friday, attorney for the Belize District Liquor Licensing Board, Darrell Bradley wrote back to the Minister of Local Government warning that the reversal of the license is "serious" and that it is, "illegal and unlawful because it violated every rule of natural justice and due process. In Bradley's letter The Board asks the Minister to withdraw his decision and if he does not, the board will seek judicial review of the decision.
Chairman Wilmot Simmons explained why the Board takes the reversal of its decision so seriously.
Wilmot Simmons, Chairman - Belize District liquor Licensing Board
"Now Mr. Darrell Bradley is the lawyer on board and he is a member of the Board and also Legal Counsel and he advised us that what was done to the Board was not proper. That we were not made aware of this appeal, we were not a party of this appeal and there was no proper appeal heard. Similar like how the Board could have entertained both parties and heard both arguments. Mr. Bradley, Legal Counsel for the Board said that should have been the proper way the appeal went and we believe it was not done properly. Natural justice was not given and the Board felt that we have to try and do something about this; we felt disrespected that we believe it didn't go through the proper channel for it to have been revoked. They should have called us in, call all parties and listen to everybody and if then the Minister wants to revoke we would have no problem with that. "
Jules Vasquez
"So then you all informed the Ministry of Local Government that if the Minister does not withdraw his decision by the close of business on Monday May 17th then the Board will seek Judicial review. Have you all proceeded with that?"
Wilmot Simmons
"Yes, that letter was sent to the Minister that the Board disagreed the way how they did it. How they revoked the license. We would like them to do it properly and so we ask them to please withdraw back that letter and let us sit down and see if we can work out something amicable. According to the lawyer who checked with the Ministry, they are saying that they did not withdraw the letter. The Board with advice from its attorney has proceeded from there."
Jules Vasquez
"So you all will seek judicial review and an injunction against the decision of the Ministry of Local Government in the appeal."
Wilmot Simmons
"Yes. Again that's legal counsel's advice to the Board. He thinks that the proper for us to go forward. And so he will be applying for that. "
Jules Vasquez
"Wilmot, beyond legal advice and beyond the structures and the appeal process, you know that UDP to UDP something's wrong with this picture. The Belize District Liquor Licensing Board shouldn't be fighting with the Ministry of Local Government who shouldn't be fighting with the Party's former national campaign manager. Something does not add up in this equation."
Wilmot Simmons
"Jules, it's ticklish and sensitive and I don't like to be in the middle. You are right, it doesn't look good. I don't like to be doing this interview in the first place seeing that it appears that you are taking sides which I am not taking sides. Really I don't like the idea of having the campaign manager fighting against the people of Caribbean Shores and hence the Area Rep and the Minister of National Security who is my very good friend. But again this is how it is, the Board is a legally constructed Board, the Liquor Licensing Board and we feel that when we take out our time from work and go there and make decisions that it should be respected and go through proper procedures. It's UDP against UDP which I don't like."
Berges says his attorney Mike Peyrefitte will also take the ministry to court to seek redress for his rights to natural justice. We'd say that would make it even more of a UDP swirl of contention except that after successfully defending Ralph Fonseca against a charge for theft of public funds, Peyrefitte might be the first to tell us that he longer qualifies as good company under the cozy side of the red tent.
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