Minutes of the Parish Assembly
Wednesday 27 November 2013 at 7.00 pmAssembly Room, Town Hall
57/13 / Welcome & Apologies
Apologies:
Deputies Andrew Green, The Very Rev R Key
Deputies in Attendance:
Deputies Richard Rondel, Jackie Hilton, Mike Higgins, Rod Bryans and Judy Martin
58/13 / To approve the Minutes of the Parish Assembly held on 30 October 2013
Proposer: Deputy Jackie Hilton
Seconder: Geraint Jennings
The Minutes were unanimously adopted.
59/13 / To consider an application by Unawatuna Limited, holder of a 3rd Category Licence in respect of premises at 8 Caledonia Place, to extend the licence to incorporate an external area of land adjoining the premises on Weighbridge Square used for al fresco dining
Carol Gunasekara, Director of Unwatuna Limited, presented the application
Proposer: Sandra Duncan
Seconder: Fiona Duncan
Geraint Jennings asked if the extent of the al fresco area would be in line with the neighbouring premises and Mrs Gunasekara confirmed that it would.
On being put to a vote, the application was unanimously approved.
60/13 / To consider an application by Club (Gap) Limited, holder of 3rd and 7th Category Licences in respect of La Cala, Beresford Street, to vary a condition of the licence to increase the number of persons permitted to be on the premises from 400 to 490 (excluding members of staff)
Advocate Georgina Cook presented the application
Proposer: Stephen Neil
Seconder: Scott Risley
Geraint Jennings asked if the operation of the premises would continue as before and would there be an increase in staff, specifically security door staff, to manage the increase in numbers.
Advocate Cook said that she envisaged there would be a requirement for additional security staff and that she was sure that her client would ensure there was adequate staff on duty to serve the number of patrons on the premises.
In relation to the operation, Advocate Cook stated that her client was looking to run an operation similar to his current business in Bond Street.
On being put to a vote, the application was unanimously approved.
61/13 / To take into consideration an application by Night Vibes Limited, holder of a 7th Category Licence in respect of Tanguys, Mulcaster Street, to vary a condition of the licence to increase the number of persons permitted to be on the premises from 80 to 110 (excluding members of staff)
Chris Tanguy, beneficial owner of Night Vibes, presented the application
Proposer: Andrew Videgrain
Seconder: Penny Dawkins
Geraint Jennings asked a similar question in relation to staff on the premises.
Mr Tanguy stated that he did not envisage having to increase either as if granted, the increase in patrons would only be 30 if the premises were full.
On being put to the vote, the application was unanimously approved.
62/13 / To recommend to the Licensing Bench the following applications for licences for the year 2014 in virtue of the Licensing (Jersey) Law 1974
Name / Category / Business Address
Chico Café Limited
Francisco Camara Bonito Sec / 3rd / Chico Café
Shop 2, Park House,
Gas Place
Advocate Rui Tremoceiro presented the application
Proposer: Jose Velosa
Seconder: Beverley Coutanche
No questions were raised.
On being put to a vote, the application was unanimously approved.
Name / Category / Business Address
Don Inn (Jersey) Limited
Geraldine Davies Sec / 1st / Don Inn
56 Don Road
Gareth Jones presented the application.
Proposer: Penny Dawkins
Seconder: James Craven
No questions were raised.
On being put to a vote, the application was unanimously approved.
Name / Category / Business Address
Malgorzata Ewa
Forte / 6th / M Store
105 St Saviour’s Road
Gilberto Franco presented and proposed the application
Seconder: Jose Norberto Rodrigues
Deputy Jackie Hilton asked if the proposer could give details of what experience the applicant has in the licensing trade and what training would there be for staff.
Mr Franco said that the applicant’s husband has 15 to 20 years of licensing knowledge in respect of his role at the Hotel Ambassador and that Mrs Forte had worked alongside her husband for part of that time.
Geraint Jennings queried what the proposed opening hours were and it was confirmed that they were likely to be from 7.00 am to 10.00 pm.
On being put to a vote, the application was unanimously approved.
Name / Category / Business Address
Jacqueline
Gill / 1st / The Oxford Pub
2/6 Union Street
The applicant’s partner presented the application
Proposer: Nigel Woodland
Seconder: Nigel Marshall
Geraint Jennings said that a few years ago there had been a problem with smokers from the premises congregating on the narrow pavement but the previous applicant seemed to have managed the problem and he asked if the new applicant would keep up the good work.
It was confirmed that they would.
On being put to a vote, the application was unanimously approved.
Name / Category / Business Address
Gloney Limited
La Ville Secretaries Limited
Sec / 1st and 3rd / Squires Bar
Seaton Place
Gareth Jones presented the application
Proposer: Penny Dawkins
Seconder: James Craven
The Constable asked if the application included the small al fresco outside the premises and the applicant replied that he would like it to.
On being put to a vote, the Assembly voted in favour of including the outside area as part of the application.
No questions were raised.
On being put to a vote the application was unanimously approved.
Name / Category / Business Address
Luis Alberto De Abreu Gomes / 6th / Eurobites Takeaway
79a Colomberie
Advocate Simon Habin presented the application
Proposer: Americo Mendonca
Seconder: Orlando Gouveia
Deputy Jackie Hilton stated that she had always had concerns with regard to the sale of alcohol along with the delivery of take aways and for that reason she would be voting against.
Advocate Habin explained the precautions his client proposes to put in place and believed they were sufficient.
On being put to a vote, the application was approved by 28 votes for and 4 votes against.
Name / Category / Business Address
IWTM (Jersey) Limited
Anthony Moffa Sec / 1st / Big Maggys
Street
Tony Moffa presented or proposed the application
Proposer: Deputy Rod Bryans
Seconder: Deputy Richard Rondel
Mr Moffa explained that the plan was to specialise as a Wine Bar selling wine only, which he believes will be the first for St Helier.
Geraint Jennings asked if an undertaking could be given that patrons would not block the narrow pavement outside the premises.
Mr Moffa said that the premises had two entrances so he did not foresee a problem.
Mr Jennings asked if any smokers could be encouraged around the side of the premises and not in front of it.
On being put to a vote the application was unanimously approved.
Name / Category / Business Address
P&F Paving & Landscaping Specialists Limited
Fernando Fernandes Sec / 6th / Promotion Foods
34 Colomberie
Advocate Simon Habin presented the application
Proposer: Joao de Sousa
Seconder: Jose Quintal
Geraint Jennings queried the opening hours and the applicant confirmed they would be from 7.00 am to 10.00 pm.
Deputy Hilton queried the experience of the applicant.
Advocate Habin explained that unlike the previous application where the Deputy had queried the experience of the applicant, this application was being made by a Company and therefore Mr Pestana, the proposed Manager, had to be interviewed by the Constable and then approved by the Royal Court. He had not been interviewed to date as the application by the Company had not yet been approved by this Assembly or the Licensing Bench and therefore it would be premature to do so until approval had been given.
On being put to a vote, the application was approved by 23 votes for and 2 votes against.
Name / Category / Business Address
The Jersey United Services Club
Maurice James Fuller Sec / 5th / Live Lounge
13 Rue de Funchal
Robert Le Brocq presented and proposed the application
Seconder: Lester Le Brocq
No questions were raised.
On being put to the vote the application was unanimously approved.
Name / Category / Business Address
Mihai Tunariu / 3rd / Casa Velha
2 Elizabeth Place
The applicant, Mihai Tunariu, presented the application
Proposer: Alexandra Baditoiu
Seconder: Alex Le Garignon
The applicant explained that he was looking to take over the premises and to open the first Romanian Restaurant in Jersey.
Geraint Jennings asked if there would be any change in the capacity.
Mr Tunariu stated that the premises were small and did not allow for any increase in occupancy.
The Constable wished the applicant well with his application for the first Romanian Restaurant in Jersey.
On being put to the vote the application was unanimously approved.
63/13 / To take into consideration and, if deemed advisable, to approve a recommendation of the Connétable and Procureurs du Bien Public that the Parish should enter into a 21 year lease agreement with Jersey Gas to install a gas pressure reduction station on an area of approximately 208 sq. ft. of Belmont Road Car Park, Jersey Gas to pay the Parish’s reasonable legal fees involved in the transaction
Proposer: Peter Pearce
Seconder: Clive Barton
John Stievenard, Director of T&E, explained the background to the proposition.
Geraint Jennings explained that this matter had been under discussion for a long time and it was felt that this was the best place for the equipment to be sited and he recommended it to the Assembly.
Deputy Richard Rondel asked if there would be an annual increase on the income to the Parish.
John Stievenard confirmed the figure was index linked.
On being put to the vote the proposition was approved by a large majority.
64/13 / To take into consideration and, if deemed advisable, to approve the sale of an area of approximately 9,688 sq. ft. of Westmount Gardens to Jersey Electricity plc for the construction of an electric sub-station to serve the west of St Helier for the financial consideration of £250,000 from Jersey Electricity plc, £83,000 from the States Treasury, the latter to be ring fenced for an urban renewal project on Parish land, and an area of land approximately 39,200 sq. ft. adjacent to the western end of Westmount Gardens from the Public of the Island. Jersey Electricity plc to pay the Parish’s legal fees involved in the transaction and the Assembly to authorise the Connétable and Procureurs du Bien Public to pass the necessary contract in relation thereto
Proposer: Clive Barton
Seconder: Peter Pearce
Chris Ambler, CEO of JEC explained the background to the proposition and took the Assembly through a power point presentation with which he hoped to give the Assembly all the reassurance they may be seeking.
Geraint Jennings asked if the Constable could confirm or deny that there had been threats by the States of Jersey that compulsory purchase would take place if the Assembly rejected the proposition.
The Constable stated that he was not aware of any threats at this stage.
Senator Philip Ozouf said that he would like to offer thanks to the Constable, his team for the support given to the States and the JEC. He believed that the best deal had been achieved that would benefit all the parties involved plus parishioners and he urged the Assembly to support the proposition.
Deputy Mike Higgins stated that at first he was sceptical but having been to some meetings, heard the arguments and considered the matter, he was prepared to recommend the proposition, as he believed most St Helier Deputies would do.
Deputy Jackie Hilton echoed Deputy Higgins’ remarks and said she believed this was the right site in St Helier. She did query why a two-year time limit in which the Parish had to spend the money being given by the States had been stipulated.
The Constable said that he could not see it in the Proposition.
John Stievenard stated that he was unsure of why the time limit had been included but believed that an urban renewal project would be achievable within two years.
Deputy Hilton said that she also could not find mention of the time limit in the Proposition but believed it to be in the main body of the Report and urged the Constable to ensure that no time limit is included when drawing up the legal documents.
Mr Clarke said that mention had been made of an environmental study taking place and he asked if there would also be historical and heritage surveys/studies taking place.
Mr Ambler said that his Company and team would work with all interested parties to ensure that all the required studies would be undertaken if necessary.
Stewart Mourant asked if the land being given by the States was suitable for allotments.
The Constable said that it was the opinion of the team that this land would be incorporated into Westmount Gardens.
Ted Vibert spoke on behalf of the First Tower Residents Association and stated that the Association gave the Proposition its full support.
Geraint Jennings sought clarification on a number of points regarding the building works etc. Would paths be closed, where would equipment be kept whilst building work was being done and the visual impact of the site whilst the work takes place?
Mr Ambler stated that a number of the issues still had to be determined because until all the required studies had been undertaken, it could not be confirmed that the site in question was the right one. He was not expecting to use a huge spread of the gardens. The paths above could remain open but those coming down to the site would have to be closed off for safety reasons. There would be some disturbance with traffic along St Aubin’s Road for a period of approximately 12 months with one lane having to be closed, but fortunately there are three lanes along the road at that point.