Bullied by the States
Friday 1st August 2008, 2:30PM BST.
The de Carteret family – from left: Elka, Gary, Lynn, Kiara and Anis – in the Pembroke Bay slipway kiosk they have run for 17 years. (Picture by Alex Digard, 0614945)
A KIOSK owner claims the States is trying to bully his family out of business. Gary and Lynn de Carteret bought the Pembroke Bay facility outright about 17 years ago and they run it as a family concern.
They opened for business as usual, despite having had a letter signed simply, ‘The Law Officers’, delivered by hand to their home the day before telling them not to. ‘We took legal advice and were advised that as our annual ground rent has been paid up to date and accepted [by Treasury and Resources] until the end of the year, there was no reason why we shouldn’t trade as normal,’ said Mr de Carteret.
The family have been warned that unless they remove the kiosk within a month and make the area safe, the States will do it and bill them for the work.
Rent was originally paid to the L’Ancresse Commons Council but in late 2002, the former Board of Administration wrote to the council saying it had been discovered that the land had been ceded to the States in the 1960s. A new establishment (eventually The Mirage) was being built in the area and the board felt that and the kiosk at L’Ancresse were sufficient to serve the bay and there was no need for an additional facility.
‘How can our kiosk be referred to as an additional facility when it’s been operating there since 1946?’ said Mr de Carteret.
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I’m starting to get tired of the way the States are acting towards the ‘individual’. Appears to me like bullying by state. A family getting on, caught up between the Law Officers, the Environment Dept hate for the L’ancresse Commons Council and the interests of the Mirage.
Guernsey is changing for the worse, we don’t seem to let people just get on with their lives.
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The kiosk is a benefit for tourists and locals alike and should be allowed to remain.
It is unbelievable that the States should take such a high handed attitude over this local family run business that has been operating for so many years with no problems.
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As regular visitors to the island over the last 25 years, we always make sure that we visit the kiosk because of the high quality of food prepared and the very friendly service received. We simply cannot understand why the kiosk cannot continue with this service, or why the States is adopted such a high handed attitude. It is definitely not an “additional facility”, and provides a far superior service to beach goers than the Mirage.
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This is well out of order. Show your support by joining the “Save Pembroke Bay Slipway Kiosk” Group on facebook.
http://www.facebook.com/group.php?gid=33342249872
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Is there an agenda with regard to the small kiosk at L`Ancresse, has some property developer got his beady little eyes on the site for a large ugly development similiar to the Pembroke Mirage.
When are the higher echelons going to appreciate this islands selling point with regard to tourism.
Quaintness, small friendly service, family run businesses, pretty unspoilt bays.
Having just returned from spain which has been destroyed by overdevelopment over the last ten years surely the States of Guernsey should be supporting not hindering the small cafe or small beach kiosk!
Once again short sighted and to say that there is not room ofr two kiosk on that beach is ridiculous.
If your on the beach at L Ancresse Bay, all you have to do is walk two minutes to get a cuppa from the De Carterets kiosk, not 20 minutes there and back to get refreshment from the Mirage.
There is more to this than meets the eye?
The Guernseyman and woman is basically being treated as a thorn in some civil servants eyes. Perhaps we should remind them that actually Guernseys success has been built on the hard work of the small Guernsey business and the Guernsey man womans tenacity to succeed. The last thing we appreciate is being treated like something to an island being run by New Labour!
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The kiosk is a traditional little building that reminds all older traditional Guernsey people what used to be on most beaches around the coast, usually with deck chairs and wind breaks propped against the building available for hire. The owners supplied chip baskets filled with a steaming pot of tea, hot water, milk and cups to be taken down on the beach, and the children ate ice creams and crisps bought with their pocket money. Carefree days.
Then someone decides that change has to happen and the States decide to rid the Island of all these quaint kiosks and build monstrosities such as the new building at Pembroke Bay.
Hopefully someone will have some sense and let the kiosk stay and keep some Guernsey traditions alive. The De Carteret family have owned and run it for years – let them stay they offer a wonderful service and we need to support small businesses in Guernsey.
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Typical States – anything quaint and traditional has to go. In these days of globalisation and everything starting to look the same wherever you visit, its wonderful to have the little kiosk like the old days. I remember seeing the Mirage for the first time in a photo (I live away) and just feeling utter shock ! The kiosk is a way of life – scones, tea-baskets, ice cream and deckchairs – what on earth are they thinking ? Ooooops almost forgot, Guernsey is not a bucket and spade island anymore – just a large finance machine with all the cogs in place to make people lots and lots of lovely money ………bet the States are rubbing their little hands together.
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I’ve just read the letter in the paper from the Law offices to the De Carteret Family, And now you’ve got me puzzled on a couple of points..
1. The police tell me that the law officers have stated that I can’t do anything about kid’s entering my garden unless they do damage as there are no trespass laws in Guernsey.. So how come the De Careters are entering the States PUBLIC land Unlawfully.. How can this be ?.
2. How come the Law officers would appear to have the right to order the eviction of the De Carteret Family from their property and the destruction of their property without a Royal Court hearing or a Royal Court Order ?. No one else has these right ???. Other then the Royal Court ?.
3. It was my belief that under Old Guernsey law that if you had occupied an area of land to make your living for more then 3 year and had obeyed your original agreement. You were initialled to a years notice ????..
4. I thought the Law Officers of the Crown we’re appointed by the Her Mag Queen of England to help and assist our Bailiff / Magistrates / States / Government officials with matter of the law. Not to act as their own Judge and Jury taking the law in to their own hands, And throw their wait around as they wish..
The Royal Court needs to deal this matter in a public hearing, surely not some jumped up official ?.
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Having read the letter from the “Crown Officers” in the Press today I notice a couple of things – the letter seems unsigned and the tone is completely hostile – I trust that this is being investigated by at the very least the Bailiff because I would suggest this brings the Crown Officers into disrepute.
The second point is about a comment from Commerce and Employment where a spokesperson said it was a very trivial matter – well not to the people who work there it isn’t.
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Hugo… I total agree. the letter was very shamefull and not what I would have exspected from a crown officer.
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Perhaps the Law Officers letter might be published here for the benefit of those not on the island, but who have an interest in what is happening at Pembroke Bay
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Good idea Stephen John.I would like to read it as I did not get the opportunity here in the USA.
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A number of readers have asked us to reproduce in full the letter from the Law Officers threatening action against the de Carteret family for continuing to operate their Pembroke kiosk.
This is what was sent to them:
IT HAS just been brought to our attention that you have recently been preparing the kiosk on Pembroke Slipway for opening.
We would draw your attention to the letter from the Treasury and Resources Department of the States of Guernsey dated 10 October 2007, in which your occupancy of the land was terminated with immediate effect from the date of that letter. You were further requested to remove the kiosk and make good any damage by no later than 10 November 2007.
It was noted in a further letter from the department, dated 16 November 2007, that you had at that time failed to do so.
Please note that you have no right to operate the kiosk from the premises. Any attempt to do so will immediately result in legal action being taken against you, including an order for you to account for and pay by way of damages any receipts taken by the kiosk by reason of your unlawful entry onto the land.
Further, your failure to remove the kiosk and to make good the connections and surface of the land, as previously requested, now makes it necessary for the States to undertake this and all costs incurred in the removal of the kiosk and the associated works will be for your account. We are willing to postpone this action for a final further period of one month to enable you to make the necessary arrangements. No further notice will be given and the States will not be responsible for any property or equipment belonging to you, which will simply be disposed of.
LAW OFFICERS OF THE CROWN,
St James’ Chambers,
St Peter Port,
GY1 1BY.
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Isn’t this shameful bullying by another States department? The De Carteret family believe that they have already paid in advance to lease the land (and the States accepted and cashed their cheque in) and they own the kiosk! The bone of contention seems to be that they do not operate their kiosk for as long as other kiosks on the island which may be a cause of angst. The real issue here is have the De Carterets got the right to keep to their original lease or can they be forced to operate under what appears to be new rules?
They provide an alternative the The Mirage (which i happen to think also provide a good service).
Of course the real winners here will be the lawyers one way or the other! We are slowly losing all that made Guernsey special – soon we will be no different to any UK seaside town – just much more expensive!
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Thanks for publishing the Law Officers letter.
The aggression showni the letter is woirrying fpor a number of reasons. One I suspect is the fact that the Law Oficers know that any legal action by the de Cateret family will be very expensive.
I note that Bernard Floquet made a very similar and came across as a smug comment, the other evening, about the effect of the sewage on the Cobo surfing business.
The inference of Deputy Floquet that they could always sue is, of course correct, but I got the impression from the interview it was made with the silent caveat – if you can afford it.
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All the more reason for Guernsey to have a legal aid system for those who need it to be able to take on the bullying establishment. Access to the law should never be restricted just to those who can afford it, otherwise such despicable bullying by faceless civil servants/law officers wiull continue.
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The States are quite simply behaving in an aggressive manner and anti-competitive in seeking to close a small business that’s served locals and tourists for 50 years and done nobody any harm to benefit Le Mirage.
Who do the States think they are?
What was the public policy precisely, was it passed by the States, and which Deputies approved this policy?
We need to be told who these arrogant States members are and why they’re trying to bully locals running a long established local business. Let’s put some faces on this faceless officialdom.
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David,
Guernsey Law is as shambolic as the States itself. It’s a mess.
And as SJ above posts Deputies are quite well aware ‘our’ justice/legal system bars justice to those without a fat wallet.
That’s an inditement of the States and should be a priority but do they address priorities of the people?
Just as damning is if you do get legal aid the States will chase you like a vulture to try to get the money back. If only they were so keen to chase the £millions in over-spending and waste?
It’s one Law for them and another shabby law for us. Until the States address these injustices they can’t call themselves anything but in contempt of the people they purport to represent.
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JohnnyB and David
Even if there was a reasonably priced access to the courts, there would be other hurdles such as the fear of not getting a fair hearing before the jurats, in cases where the defendant is the States of Guernsey.
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