Pizza restaurant dished rights to late nights

Thursday 26 January 2017

A pizza restaurant and takeaway chain will be allowed to open beyond 23:00, following a successful court appeal.

Salt Limited – owners of the Pizza Quarter chain and ‘The Kiosk’ on Victoria Avenue – had planned to revamp Gorey’s former Joyride Café on Mont de Gouray with a fourth pizza venue.

While their registration was granted, it had only been done so on the condition that the premises close at 23:00, following a battle with the Minister for Economic Development, Tourism, Sport and Culture Senator Lyndon Farnham, the Connétable for St Martin and local residents.

Picture: Pizza Quarter - Gorey will take over the former site of Joyride Café. (Photo: Google Maps/Bailiwick Express)

They had contended that Pizza Quarter would entice pub-goers wanting to end their night with a pizza treat to the area, causing noise and potential illegal parking on Gorey Hill late in the evening – a potential headache for the Honorary Police. Concerns were also raised over the restaurant’s cookers generating smells.

It was hoped that Pizza Quarter would accept opening until 09:00 or 22:00 in the evening, but it was eventually agreed that they should cease trading at the slightly later hour of 23:00.

Although Salt Ltd said that they would aim for 23:00 closure, they argued that it was unfair that this should be an absolute restriction given that other restaurants in the area – including the one that previously sat on the premises – enjoyed a slice of the late-night action.

But the difficulties then 'deep-pan'-ed for Senator Farnham.

Objections were also raised over the Minister’s compilation of the residents’ complaint portfolio; Pizza Quarter’s owners were not given the opportunity to view the complaints directly, and there were worries that the Minister had actively sought to sway opinion.

Officials of the Minister wrote to the Constable and directly to a neighbouring resident, stating that “a unified response from the Parish would be favourable.”

In their judgment, the Royal Court – in this instance presided over by the Bailiff William Bailhache, and Jurats Nicolle and Olsen – agreed that, “…the officials seem to have been doing what they could to actively seek objections.”

It was also stated that while the business’ takeaway element might cause a greater footfall to the area, “…the use of the premises for a take away service is unlikely to lead to a significant increase in noise.”

The judgement concluded that it would therefore be “unreasonable” to impose a restriction on operating hours.

“Accordingly, by majority, the appeal succeeds,” it stated.