Booze board’s gas station decision faces audit
(CNS): A decision by the Liquor Licensing Board to grant Gary Rutty, the owner of the Peanuts convenience store and Rubis gas station in Red Bay, a licence to sell liquor seven days per week is to be reviewed by the government’s Internal Audit Unit. Commerce Minister Joey Hew, who now has responsibility for the liquor board, said that the unit will undertake an independent inquiry to determine why the gas station is allowed to sell booze on Sundays when liquor stores are prohibited from doing so, and whether or not the issue is down to a major mix-up.
As the incoming minister, Hew said, he was not “privy to the history of this application”, but given the concerns that have now been expressed in the community and what he said was “the seriousness of matter”, he has decided to request the audit to determine what has happened.
According to the minutes of the quarterly LLB meeting on 24 March this year, which are online, Rutty was refused both a retail liquor licence and a beer and wine licence. Although liquor store owners have expressed concerns about gas stations being granted booze licences, Rutty was not the first gas station owner to seek permission to sell booze, and several have been granted. However, he appears to be the first to apply to sell alcohol on Sundays.
The minutes show that local attorney Cline Glidden, arguing on Rutty’s behalf, said that there was significant demand for Sunday liquor sales in the area. The records also reveal a contentious exchange between the board chair, Woody DaCosta, and long-time retail liquor licence holder, Robert Hamaty, who objected to the entire issue of gas stations getting permission to sell alcohol.
Hamaty pointed out that there is a Cabinet order in place that prohibits liquor being sold at these service stations that has not been revoked. He said that this would give more power to the fuel companies.
According to the minutes, Hamaty argued that “these licences are not really being granted to individuals but to businesses controlled by large petrol franchises and that the entire retail package liquor industry (conventional Liquor Stores) will be adversely affected by these large multinational companies”.
Despite the indication on the minutes that the application was refused, Peanuts has been selling liquor on Sundays for the last few months.
The local newspaper, The Cayman Compass, claims that this is based on the fact that Glidden was told that Rutty had been granted permission, along with a limited notification of the board’s decisions that was sent to the press a few days after the meeting.
However, this was only a draft and over the years the LLB has said that such notifications, which are routinely sent to the press following meetings to assist with background for news reports, are not confirmation of decisions made or conclusive final reports.
The press notification of the meeting in question was sent, as usual, before the minutes were completed, and although it indicated that Rutty had been granted a retail licence, there was no indication on the agenda that the licence included Sunday sales.
The Compass also reported that DaCosta has since stated that Peanuts was never granted permission to sell booze on Sundays and he believed the board secretary, Marva Scott, had released the information erroneously. The paper further implied that the secretary had since been moved from her job as a result, a suggestion denied by Deputy Governor Franz Manderson, who is head of the civil service.
Offering his support Wednesday to Hew’s decision to audit the chain of events, Manderson said that Scott’s transfer had nothing to do with the issue of the Peanut licence but that she was “moved to accommodate her prior request to be reassigned”.
How, or indeed if, Peanuts was ever given a licence that includes Sunday trading was further confused by DaCosta’s claims that the issue was never settled at the March meeting. He said that the agenda was not completed until June, when the board convened a virtual meeting where the licence application was rejected. However, there are no minutes on the Department of Commerce and Investment website for that meeting.
The Cayman authorities still retain strict conditions around Sunday trading and the sale of alcohol combined with dancing on Sundays. Only gas stations, small ‘mom and pop’ stores and tourist establishments when cruise ships are in port are supposedly allowed to trade on Sundays. Though there has always been some lax interpretation of these laws, the last PPM administration tightened the legislation after public consultation on Sunday trading rejected the idea.
Selling booze on Sundays is limited to bars, restaurants and hotels where no live music is played or dancing permitted, and no retail liquor stores are supposed to be open for business on Sundays.
Category: Government oversight, Laws, Local News
Wicked Peanut!!!?
Now Kirky can get lil’ OT on Sunday 2.
I support ya Bro…
It would be interesting to know why the last Chairman of the Liquor Board Campbell Law resigned his position.
Claimed a potential conflict of interest with his new business venture then went straight back into fund management. Wee bit more clever than young Woodward most likely.
Good point. I’m thinking the truth is also another cover up by dci and the board. There is a story circulating that is very interesting indeed.
Don’t go there ..
And why not?
When will we do away with these antiquated laws?
SEPARATION OF CHURCH AND STATE!
Nothing wrong with the law….this whole thing started by a competing liquor store owner who does not want anyone else to have any business.
Let him eat cake.
Either it’s OK to sell booze on Sundays and the liquor stores should be allowed to open, or it’s not OK and no-one should be allowed to sell it. If you give one guy a license to sell booze on Sundays and then make every other liquor store close all you’ve done is handed that guy a monopoly every Sunday and with it a big fat pile of free money. I remember that happened at the TI shop a few years back and every Sunday there was a queue out the door all day. And they put the prices up.
It’s amazing how you keyboard warriors unite on cns to condemn Cayman laws as backward but in the real world you do nothing. If the law is so ancient then why not petition for its removal? It’s 2017 (as you all like to say) it’s full time to turn the talking into doing.
It’s a Caymanian issue, indeed resolve it. Or is the problem that you just cannot unite full stop?
What a silly comment – Laws are changed in the LA by the people you elect – not by the general populace
Can we please do away with all these antiquated boards who are just causing confusion, delays and have too many individuals who are sitting on these boards just to dish out favors and act important?
half of the dudes that sit on these Boards (Immigration included) don’t know what it is to go to a meeting. They are there for the ‘prestige of having their name on the slate, as a member but are clueless when it comes to what the hell is going on. There is favouritsm as regards who gets permits passed and who don’t. It’s time for Legislators to address this mess that is going on with permits.
Panton made a mess of rewriting the liquor law a couple of years back. Many of the current and historical issues were not corrected in the rewritten law.
The new law is a nightmare. And the team they have handling liquor licensing now at the dci office doesn’t seem to know their head from their behind. They rarely answers the phone and emails, never return calls and you have to stand in line for an hour just to pay fees. This board went downhill right after they placed it under dci and government still can’t see that. I join the many that are convinced peanuts sunday license was approved and I’m angry to know the secretary was publicly blamed for the change in decision that is so evident. As Mr. Hamaty said about the board, admit your mistake, correct it and move on. We are all humans. But don’t go accusing the only person that knew what they were doing when it comes to liquor licensing and hiding behind these luney tune stories about this one sick and the others can’t talk. As a matter of fact, based on my dealings with the secretary over the years for my premises, she would make a better chairperson right now than the whole group of you. And as a previous poster said, she was never recognized all of these years for her excellent service but this board and dci were quick to jump to this opportunity to defame her for being honest. My liquor license is up for renewal soon and I am dreading having to come to that government building to deal with dci. I think Minister Hew should consider moving liquor licensing from under this bureaucratic department, put the civil servant back in her role that was so beneficial to liquor licensing for many years and let us licensees get back to the smooth runnings that we were accustomed to.All of what is happening now is bullsh*t!!
What a trail of anti-caymanian mess Wayne Panton left behind! The Conservation Law, the Liquor Law, the Copyright Laws, thank God they stopped him with that Legal Practitioners Bill, I have to wonder who he really was looking out for! Thank the Good Lord for removing him from office.
Hear who they gone mess with. My old buddy from CYB. Marva na make none this fools make you the bad person. You have did an excellent job all these years with no complaint. I cant wait hear your side. I hear the old expat they ga working there dont like caymanians but he should had me deal with. Peanut, hold your head high my friend. They ga deal wid it.
Alrighty then, if you say so Ms. Leecie
Here in the U.K. Shops and major stores are open 7 days a week! You can buy anything you desire. We just don’t cater for tourists. The majority of people work every day and the only shopping or leisure time they have with their families is on a week end. This is 2017 Cayman Keep up!!
I think the majority of people would be forced to work 7 days a week if Sunday trading were allowed here. The same checks and balances on workers doesn’t exist, it would be very easy to make your staff work an extra day under threat of losing your job to someone who would work. The enforced day off is good for some people.
No, 4.25pm no one works 7 days even though the stores are open. Employees still get their days off during the week. Normal working days are 5. If they work on a Sunday they get time off in the week. Exactly the same as Emergency Services in Cayman.
What a wonderfully simplistic approach, Look, I couldn’t care less what happens in the U.K. (or anywhere else). Each society acts in accordance with its particular beliefs and customs, For example, in the U.K. church attendance is almost non-existent (except for baptisms, weddings and funerals!) and causing a racket with your power tools after a trip to B&Q on a Sunday is normal. Same thing with doing your yard on a Sunday. Its basically a pagan society.The notion that Cayman should act the same way (“It’s 2017!”) as the U.K. is so crackers it’s totally cute!
Cayman is a British Territory 9.42am! It’s not some 3rd world country out in the bush. We’ve moved on over the years with everything for the better. Like some posts explained, you can’t have one law for one and another law for another.
Evidently you (10.45am) haven’t got a clue about the Cayman Islands, have you? Do you imagine that being a “British Territory” necessitates Cayman mirroring British society’s values, customs and traditions? And to not doing so would label Cayman a “3rd world country” (sic)? If so you have a lot to learn about life and the world in general, my friend, but keep studying and learning, and eventually you’ll get a handle on life. Good luck, and see you in church this Sunday!
I lived in the UK when stores were closed on Sundays. I happen to enjoy Sundays as a family day, six days a week and late opening is plenty of time to shop. I hope that Cayman keeps the Sunday trading law, not because of religion, but because it sets us apart from the rest. If people really don’t like it, there are many places to live where you can shop 24/7.
Caymanians always try to hold down Caymanian businesses. One would think it would be easier to do business as a Caymanian but NO. Stop trying to control who sells when. Prohibition is over.
Damn right. Everybody drinks all day, everyday!
As a younger Caymanian… Can anyone please explain to me what the purpose of these laws banning the sale of liquor from certain establishments on Sunday are meant for?
So it’s OK to buy liquor from a bar but not from Peanuts?
And it’s also OK to drink and dance on Saturday, but not on Sunday? Does the dancing shake the alcohol up and make people more drunk or something?
Why am I forced to drink more on Sunday to get the same drunk that I did on Saturday because I can’t dance to accelerate the effects?
Also why can’t Fosters or any of the major supermarkets be open on Sunday? Forcing people to either ration for the weekend and pray nothing comes up, pay 50% more for milk and similar items at a gas station on Sunday, or be harassed by beggars at a small corner shop? (not like the big stores are any better these days but still)
Laws are set in place for a reason (duh) but I really never understood these ones.
It is somehow perceived to correlate to Sunday Church attendance and reverence of the Holy Sunday “day of rest” that a minority of electorate observe and subscribe to. A vestige of time-honoured, antiquated, and illogical thinking. Obviously not working or having the intended effect. Sunday is one of the most popular drinking (and driving/boating) days in the weekly calendar. The only day of the week where bottomless Champagne brunches, booze-fueled Rum Point flotillas, rowdy Dominos matches/fish-fries, and lot-stuffing Royal Palms crowds transpire.
9:54am, the ironic thing is the same people who say they don’t want Sunday trading due to the Christian values will be the same ones in Fosters if they were allowed to open on a Sunday.
One would hope if Sunday trading is allowed, employers would allow employees one day off but that is not guaranteed.
Cayman is quite diverse. Let those who are Christian and go to church keep their Sabbath by not patronizing those stores that open on a Sunday but give the others who are not Christian the option of shopping on Sunday.
I respect that not everyone here is a Christian, and it is not just expats, a lot of Caymanians are not Christian, do not read the Bible or follow it, yet they are being held to uphold laws that were created when most, if not all, of Cayman were God-fearing church goers.
Because if we sell liquor on Sunday, God will forsake the Cayman Islands and we would be all doomed to a watery grave.
Give me a boozy grave, any day over a watery one. Much more fun.
It’s all designed to make Sunday feel like a day where the Cayman Islands are ‘switched off’. Hypocrits can go to church, Caymanian merchants can take their boats out without thinking about their businesses being open, etc. These laws have long since passed out of the realm of logic. Change will have to wait for the new generation to take power and the oldest generation to pass on.
The Island will never move forward. People need to wake up and get out of this mind set that we still live in the 70s 80s or 90s.
It is 2017 and 2018 is less than 6 months away. And we still cannot go to the grocery store on Sundays… We can’t dance on Sundays… ha
We need to move forward, not backward LLB. WAKE UP.
It will take until about 2040 before this goons are out and ‘modern mindset’ people are implementing items that should have been in place since 2005.
By 2040 most of the bars in Cayman will be “wet” if you know what I mean.
Yeah, cuz drinking every day of the week is moving forward.
Working on a Sunday might stop some of the drug smoking and dealing that is increasingly in plain sight…of course it wont stop it completely but it might help
Do you think more liquor will enable the islands to move forward. Most of you don’t even understand the real issue here.
The only thing banning these stores on Sundays does is increase the lines on Saturdays.
You missed the point here, pal. The issue at hand is that, we will not move forward if simple, SIMPLE, things like this are an issue. Really? People are going to drink either way. So what’s the big deal that they have to be closed? Christian community? Ok then stop Pirate’s week.
As usual, the little person who can’t speak up for their self, ( Marva ), gets the blame for it. The usual thing that happens in government. The big bosses don’t take the heat.
From what I gather there were 2 sets of minutes and one meeting?? how can this be? Cant wait for Marva to speak up.
Hold on. We’ll soon hear from her I’m sure, even if I have to be her voice. This woman has handled my liquor licenses at government for nearly 10 years and I have no reason to doubt her statement. I believe the board granted the license to peanuts and this is a prime case of shooting the messenger. Shame on you liquor board and the department of commerce and investment too.
9:14. You are correct. Thankfully the Minister and DG stepped in.
I totally agree with you. I believe the license was granted, then someone complained and ever since they have been in clean up mode. Probably that someone complained to another someone in high office and it was decided to change the ruling. I am not advocating for more liquor licenses, I think we have far too many now, and too much booze running from Sunday to Saturday.
Who is Hamaty? Ruttys are Caymanians who have established buisnesses here for generational years! You know what only in the Cayman Islands people like Hamaty Dart could have all these businesses . Try Bermuda ! Be grateful for the priveleges that Cayman has given you , as a paper Caymanian I only heard about the Ruttys in the early days. Does Mcdonald open on Sundays?
People will write rubbish at 1.35 a.m…still, I guess you have your own booze supply as you certainly couldn’t buy it at that hour..
Business here must be majority Caymanian owned & status awarded to people here the same as in Bermuda. So what wouldn’t happen in Bermuda?
Mr. Hamaty is a Caymanian! Whether you want to call him a paper one or not, he is a Caymanian, just as Mr. Rutty is a Caymanian.
Does it make sense to get Caymanian status if you are never acknowledged or accepted as Caymanian?
For your information, Capt. Hamaty put the Cayman Islands on the map with his Tortuga rum cakes. I am pretty sure he and his family has contributed a lot more to this economy that you have or will.
Why does everything have to come down to Caymanian vs. Expat?
If it was Prentice Panton challenging it, would it make you happier?
It should have been foreseen that this would end up in this mess, particularly the attention this gathered when the initial license was granted.
Let’s make it clear. I am not against the retail of liquor on a Sunday per se, but any changes like that should have sought broad consensus from the country, by the government, and not one or two or three people sitting in a meeting room. Cayman has always had a particular way of trading. Supermarkets do not sell alcohol neither are they opened on Sundays. The little mom and pop shops make brisk sales on that Sunday. It’s just the way things have been. Not that it shouldn’t and or we cannot change them, but let’s do this in a holistic manner.
The retail liquor stores have always been denied the ability to open on Sundays. Forget the bars, restaurants, hotels for a minute here, which do not have a retail license by the way, but I acknowledge alcohol is alcohol. The retailers have one main income stream at their operation. Peanuts have four income streams. Gasoline, convenience store, alcohol and Burger King. Yes competition is competition, but let’s face it, it would be unfair to deny the retailers the same, and as such this is where the broad consensus comes into play. If approved by the people, then an invitation to apply, to all alike to operate on a Sunday should be well communicated.
Mr. Hew, I propose for your consideration after your findings, to change the board, whether at fault or not, particularly in light of the newly elected Government. This will hit the reset button and potential conflict of interests. Secondly you institute the controls outside the scope of actual Board members themselves to avoid a repetition of this faux pas.
I believe the main attention this gathered was a collective sigh of relief that one more long overdue common sense change to this society had been made. You just didn’t hear it.
No, that noise was not my sigh of relief. Disgust, yes at retailing alcohol on Sundays at a gas station. God luck to the light poles, they’re going to need it.
So no alcohol but everything else at three times the price including some pretty dodgy food that will be far more dangerous for your health is OK? Cayman logic.
But Joey’s bars can sell liquor on Sunday. This place is convoluted.
Bars have always sold liquor on Sundays. Not a retail license as in this case, baffoon.
Irony. Telling someone they are wrong and trying to insult them for their stupidity and incorrectly spelling the word they used to insult them with. Smh.
Woody: ‘I’m sorry caller but I’m about to hit a hard commercial break”.
Caller: ” not today bobo”.
Woody has been a disaster from Day 1. I listen to Rooster talk show for a few weeks. But quickly realised Woody has no intention from hearing from his guests.
The last show that I listen to. In a 30 minute period Woody talked for 13 minutes and the guest 11 minutes.
Randy …its time for a change.
Woody lol what a joke
This will be interesting. I know Peanut and he not going to back down on this. His legal team are sitting and watching the others play their cards and when they finish exposing their poor hands his lawyers will drop 4 aces and take the whole “board” down.
Yup! Why these boards haven’t worked out that they are not entitled to make law out of their firmly held personal views is beyond me. One would have thought the pasting the IAT and PAT got from the Grand Court would have been enough (and they’re appeals tribunals, never mind first instance boards!). Boards do not make policies, they make determinations. If they have too much discretion, reduce it. People and businesses are entitled, in this century, to lawful, rational, proportionate and procedurally fair action by the Government and all its appendages. Full stop.
Boards should be staffed by educated expats who have no self interest because they cannot own a local business.
I’m afraid we’re decades away from that, given the lack of entirely justified lack of trust between Caymanians and expats. And if you don’t think expats would find a way to grease their palms too you’re delusional. Put expats in a position of administrative power over Caymanians? I don’t think so.
The point is the board shouldn’t have the power to make policy or do they have the power.
There should be a set of criteria that an applicant has to meet. If they meet it the. It is granted if they don’t then denied. If law isn’t written in a manner that they take three months to make a decision, then the law needs to be rewritten.
As to whether liquor should be available for sell on Sundays or not, we should move into the 21st century. We have restaurants selling on Sunday. Sunday Saturday or Tuesday the day doesn’t matter.
It appears the license was granted and the board
Got pressured to change their mind. Who is pressuring the board. How can minutes mysteriously change?
Again if we are going to have boards
To carry out decisions like this then the laws have to be clear and not subjective to the boards
Personalities or opinions.
The issue isn’t about it being granted, the issue is about it NOT being granted.
Thank you Minister Hew and DG. Very proud of you to take this bold step.
Gone are the days when our leaders ran for cover when a scandal occurred.
It would be interesting to get an FOI confirmation that Marva’s request for transfer came before all this. I seriously doubt it.
6:48. I have no reason to doubt our deputy governor. I may not like all the decisions he has made. But he certainly owns the decisions made by civil servants.
Thank you Marva for your many years of Service. I hope you are enjoying your new role.
Thank you Minister Hew and Deputy Governor this is action is absolutely necessary and speaks well for both of your commitment to good Governance.
7:38 ‘I have no reason to doubt our deputy governor.’ LOL, that puts you in a very small minority of the population!
5:17. Really!!. Our DG is one of the most respected persons in our entire Cayman islands.
Tell us what he did to you? Go back to sleep you are up too early to think straight.
Marva Scott ever since knowing her is perhaps one of the most efficient workers in Government. I have often wondered why she hasn’t been recognized. She is so very thorough and responsible. People of her type are usually targeted in our soldier crab environment. Marva I am sure asked Mr Manderson for a transfer where she could feel more comfortable and be appreciated for the good worker that she is. For all those crabbies please try and get as efficient as her.
Marva did a great job as liquor board secretary. I am disappointed to read what has happened. I am sure the truth will come out and she will be able to resume her post as the secretary.
Gasoline and alcohol? I always heard that gasoline and alcohol don’t mix. It really isn’t a good idea. Do you want to make it easier to drink and drive?
And how do people get to bars restaurants and liquor stores
Woody is in big trouble.
Anyone who can be a guest and the host every morning on a talk show is slick. But he has met his match now.
He certainly has. And I’m not referring to Gary either. I know Marva quite well and I seriously doubt it she’s going to sit back and let this Board throw her under the bus.
10-15% of your gas is made of ethanol. Last time I check ethanol is an alcohol. It seems to mix pretty well in the gas you buy
our laws are so draconian. There is no difference from getting alcohol from Peanuts versus a bar or restaurant.
Bulk.
A bar or restaurant is meant to cut you off once you’ve reached your limit, which is usually just after you’ve made an arse of yourself and bothered other drinkers!
CNS can you confirm your information please as I went to buy liquor two weeks ago on a Sunday and was told that they were not selling liquor. According to your story they have been selling liquor on Sundays for the past few months.
I love dancing on Sundays.
This Peanuts saga is nuts.
This situation looks as though it deserves a thorough and rigorous application of the ” Sniff Test”.
The smell I’m getting reminds me of being downwind from Mt Trashmore on a bad day.
Woody is well out of his depth on this one.
I note on this post everyone is jumping on Woody, what about the other members of the board that seems to be supportive of this nonsense? Noel Williams, Magdalyn Ebanks, Philip Tatum, Wayne Kirkconnel, Ralph Lewis, Heroon Pandohie etc., they are just as guilty as Woody even if they have just decided to keep their mouths shut.
Exactly! From what I heard, six of them voted to grant Gary his license and they’re hiding behind woody and his crazy statements. Come on guys, we all make mistakes. What is so hard in admitting you changed your minds? Geez
jumping on Woody… please tell me you were aware of this pun…
The response in the Compass is classic. :
The Compass also sought confirmation from other board members, including Wayne Kirkconnell, Phillip Tatum, Noel Williams and Magalyn Robinson-Clark, on the electronic meeting, asking if they attended and when and how it took place.
Only Mr. Kirkconnell responded and only then to redirect questions to Mr. DaCosta and Ryan Rajkumarsingh, the director of DCI.
The Compass also sent questions to Mr. Rajkumarsingh about the preparation of the minutes and the communication of the board’s decision. He responded to say he was out of office sick and had referred questions to the ministry.
How is it possible that Mr. Kirkconnell felt that he could not answer if he attended the “electronic meeting” and if he did how and when it took place? Why would he need Mr. DaCosta or the director to answer that question? We would hope that he knows the answer to those questions? This is really getting stinker by the minute.
Its common, and common sense, for most Boards to have a ‘one voice’ policy, i.e., members refer all questions to a central point for answering. It helps to keep confusion to a minimum.
One Voice – One Love.
Loving all the hypocrisy.
I would hope they could stand on their own two feet instead of behind one voice. If they decide to have one voice then why don’t they have a one member board. At least the ownership would be there.
This is pretty scary, Mr. Kirkconnell needs Woody or Ryan to say whether he Mr. Kirkconnell attended the meeting, if he can’t answer that question for himself, really what can we expect from him? Come on guys this is embarrassing for our country.
Because a lot of persons on these boards don’t even understand why they are there and mostly just nod their heads and say yes. They don’t have a clue what is going on most of the time.
Get rid of the board, make the application for liquor licences a clear and set procedure, not based on someone’s feelings and then let the free market take care of the rest. Can we have music and dancing on Sunday too?
Now that is a novel idea. The last time I went to a club all the men were lined up around the bar counter and the ladies were all dancing in a large group.
Interests, interests interests….