FETE promoter Anthony Young will know today if his D' Original Vale Breakfast Party, scheduled for Carnival Sunday in Diamond Vale, Diego Martin, will take place after his attorneys appealed a magistrate's decision not to grant him an occasional (liquor) licence.
Young was denied the licence on Tuesday by Senior Magistrate Annette McKenzie, who heads the licensing committee for St George West.
In handing down her ruling, McKenzie said the licensing committee had carefully examined the evidence of those who had testified, and the committee visited Diamond Vale.
McKenzie said after visiting the Diamond Vale area on January 22, she noticed there was insufficient parking for attendees, and the location of the fete, Amethyst Park, was unfenced and not large enough to accommodate the close to 2,800 people expected to attend the party.
She added there was no evidence that proceeds from the fete would go towards improving the community.
While Young's fete was denied, another breakfast party to be held on the same day in Diamond Vale—Sunny Side Up—promoted by Collin Miles, was granted both its occasional and dancehall licences.
McKenzie ruled that Miles had secured the Diego Martin Secondary School as the parking lot for his patrons, located directly opposite the St Michael's Parish Hall where the fete will be located.
She added that testimony from the parish priest indicated the church usually benefitted from the proceeds of the party, along with the school.
Young, through his attorney Keith Scotland, appealed the decision and appeared before Appeal Court Judges Allan Mendonca and Nola Bereaux yesterday.
When the matter was called, senior State attorney Neil Byam asked for time to familarise himself with the case and to seek instructions.
After a 20-minute break, Byam returned and informed the judges he had not received the magistrate's ruling. However, Mendonca informed both attorneys that the judges received both the unedited ruling and the transcripts of the court proceedings.
Without the ruling and the transcripts of the proceedings for both attorneys, the matter was unable to proceed and had to be adjourned to today.
After informing the judges that he was unsure whether both the dancehall and liquor licences were denied, Scotland was then allowed to amend his appeal after one of the opposers to the fete, Lisa Maillard, said she had no problems with the amendment.
Scotland said as far as he was aware, only the liquor licence was denied.
Bereaux then informed Maillard that if she were to seek any legal advice, she should inform her attorney that the matter would start and end today after Mendonca told her she would receive both the ruling and the transcripts of the magistrate's court case.
While the fate of the fete is being decided by the courts, ticket-holders have been requesting refunds for their money.