St. Ouen's Bay: Beach Trading Licence: Transfer

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A decision made 19 October 2018:

Decision Reference: MD-E-2018-0043
Decision Summary Title :	Transfer of Beach Trading Licence from Ms Penny Setubal to Surf N Sun Watersports Limited T/A Absolute Adventures		Date of Decision Summary:	18 October 2018
Decision Summary Author:	Hospitality and Leisure Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Transfer of Beach Trading Licence from Ms Penny Setubal to Surf N Sun Watersports Limited T/A Absolute Adventures		Date of Written Report:	18 October 2018
Written Report Author:	Hospitality and Leisure Manager		Written Report : Public or Exempt?	Public
Subject: Transfer of Beach Trading Licence from Ms Penny Setubal to Surf N Sun Watersports Limited T/A Absolute Adventures
Decision(s): The Minister approved the request to transfer the licence held by Ms Penny Setubal, La Braye Beach Blokarts, St Ouen’s Bay to Surf n Sun Watersports Limited T/A Absolute Adventures. This permission is granted for the undertaking of Blokarting sessions to individuals or groups, the hire of surf/belly boards and Surfboards within the following designated area of beach at St.Ouen’s Bay, from La Pulente to 100 meters south of La Braye Slipway. This transfer of licence will be effective immediately.
Reason(s) for Decision: Under Regulation 3(1)(d) of the Policing of Beaches (Jersey) Regulations 1959 written permission of the Minister is required to engage in trading on any beach. The Minister is content that the new licence holder is able to fulfil the terms and conditions that apply to the licence for this concession.
Resource Implications: Additional income generated, no human or additional resource implications.
Action required: The Hospitality and Leisure Manager to notify Ms Penny Setubal and Surf N Sun Watersports Limited T/A Absolute Adventures that the Minister has granted the transfer of licence and that the licence will be effective immediately.
Signature: Senator L J Farnham		Position: Minister for Economic Development, Tourism, Sport and Culture
Date Signed:		Date of Decision (If different from Date Signed)

St. Ouen's Bay: Beach Trading Licence: Transfer

Ministerial Decision

Policing of Beaches (Jersey) Regulations 1959

Transfer of Beach Trading Licence from Ms Penny Setubal to Surf N Sun Watersports Limited T/A Absolute Adventures.

The Minister approved the request to transfer the licence held by Ms Penny Setubal, La Braye Beach Blokarts, St Ouen’s Bay to Surf n Sun Watersports Limited T/A Absolute Adventures.

This permission is granted for the undertaking of Blokarting sessions to individuals or groups, the hire of surf/belly boards and Surfboards within the following designated area of beach at St.Ouen’s Bay, from La Pulente to 100 meters south of La Braye Slipway. This transfer of licence will be effective immediately.

This transfer is subject to the new concession holder being able to fulfil the terms and conditions that apply to the licence for this concession.

La Braye Beach Blokarts - Submitted by Surf N Sun Watersports T/A Absolute Adventures

Surf n Sun Watersports Ltd would like to apply for licence to operate the Le Braye Beach Blokarts to use the designated area at Le Braye Beach, St Brelade - La Pulente to 100 meters south of Le Braye Slipway.

Surf n Sun Watersports Ltd trading as Absolute Adventures have been operating our blokarts at Big Verns slipway. This particular area suffers from sand movement resulting is access problems, rutted areas and many ‘divots'. Our cancelation rates for blokarts this year was 75% although a lot can be attributed to the brilliant settled weather a substantial amount of bookings were cancelled due hazardous sand formations.

At Absolute Adventures we have experienced 10% year on year growth for the last seven years and feel that acquiring this site will greatly enhance our ability to deliver a quality product to our growing clientele.

Absolute Adventures are frequently used for Jerseys “fam” and publicity trips. This Friday (27th September) is a key example of how a better site would help "Jersey Inc” , we are hosting the SPL triathletes and intend to take them SUPing but there are North East winds of 28mph forecast therefore blokarting would make a perfect Plan B but we are cautious to commit to this as the dropping tide could uncover a very messy beach, not great for us , the athletes or the press.

Surf n Sun Watersports have been operating for a professional watersports activity centre since 1999, we continue to invest heavily in our business and have funded many other leisure tourism start-ups - Splash Surf Company Ltd, SandStorm Adventure Race, Jersey Seafaris. We feel that this concession will be a very good addition to our services.

Parish Comment

As with all new proposals a consultation process was undertaken with the relevant Constable/s. Following consultation with the Constable of St.Brealde and offering him reassurance to a number of concerns, indicated below, I can advise you that the Constable is supportive of the proposal.

I have a concern that this is a busy dog walking area and wonder what mitigation she might propose to put in place to deal with this?

To address your concerns I have spoken to Absolute Adventures, who have advised me that the safety of other beach uses, both two legged or four, forms part of the safety briefing given to all blokart users. As part of the safety briefing all blokart users are to come to a stop if any person or animal enters into the area used for blokarting. The circulation of blokarts around the predetermined circuit is monitored at all times by members of staff. Absolute Adventures are aware that the beach is a public place and that the public have a right of way at all times.

The issue is of more concern during the winter months when dogs are off leads during the day however it oughtn’t to such an issue in the summer between 10.30 and 6 when dogs should be on leads. Perhaps the Minister might consider reflecting this in the licence. I’m not aware of the proposed timings and season for the operation.

It is my understanding that this concession will be year round operation but is dependent on the prevailing weather conditions.
The current concessionaire has been the licence holder since November 2008, the concession itself has operated in the same manner since June 2004. The concession offers Blokarting sessions to individuals or groups, the hire of surf/belly boards and Surfboards.
The operation itself trades from the beach and comprises of the following concessionary area - La Braye Beach Blokarts - from La Pulente to 100 meters south of La Braye Slipway
Absolute Adventures intend to operate the concessionary area in the same manner.

Recommendation

On basis of the proposal from Surf N Sun Watersports Limited and following the approval from the Constable may I recommend that Surf N Sun Watersports Limited T/A Absolute Adventures be given the opportunity to commence this operation.

My recommendation is for the Minister to approve the transfer of the beach trading licence from Ms Penny Setubal to Surf N Sun Watersports Limited T/A Absolute Adventures. This transfer is subject to the new concession holder being able to fulfil the terms and conditions that apply to the licence for this concession.

Hospitality & Leisure Manager

18 October 2018