Hotel fined £20k for "egregious flout of public health guidance"

Tuesday 20 October 2020

A Havre des Pas hotel has been fined £20,000 after repeatedly breaching public health guidance introduced to contain the spread of covid-19, which included playing loud music, failing to ensure physical distancing, and holding events with more than 40 guests.

The Marina Metro Hotel is the first business to have been referred to the Licensing Assembly for such breaches.

The issue was referred to them by the Attorney General, Mark Temple, after he saw, “...evidence that the licence had been operating with a substantial disregard, if not a degree of contempt for guidance given to businesses”, the Solicitor General, Matthew Jowitt, said at yesterday's hearing. 

Pictured: The Marina Metro Hotel is at Havre des Pas.

The Solicitor General said the breaches, which included a lack of “any real social distancing” and playing loud music, had led to “legitimate concerns that the premises were being run in a way that presents a risk to public health."

He said that not only there was not enough distance between tables, or to allow visitors and staff to circulate safely, but also that people had been seen waiting at the bar for their drinks, when the current guidance only allows for seated service. 

They were shown several clips of body-worn camera footage captured by police officers on three different occasions, one of which included a wake attended by 60 people. 

Pictured: The Solicitor General, Matthew Jowitt, said the breaches had led to "legitimate concerns".

He noted that the hotel may have also been in breach of the general conditions of its licence because it didn’t have permission of the Bailiff to allow dancing.

Concluding his address, the Solicitor General said that in normal times, the Marina Metro Hotel is “a social asset to the island."

“We live in changed times and Mr Mayger (the General Manager) either appears to be unable or unwilling to accept this,” he went on to say. “Things are not as they were before covid-19.”

Referring to how most licencees are having no difficulties complying with the guidance, he said Mr Mayger was not unable to enforce the guidance but “simply doesn’t want to."

Describing the breaches as “an egregious flout of public health guidance”, he recommended the licence be suspended for two months and the hotel fined £20,000. 

Pictured: The hotel's General Manager said the non-stop visitis” of the police put considerable pressure on the team.  

Mr Mayger told the Assembly he didn’t have any difficulty in managing the people during the themed events but that problems had occurred  “when people who have been drinking at the pub come to our premises."

He said he had hired door staff to solve this issue, but he noted they were not “infallible” and that if people are determined to get in, “they will find a way."

“We do our best to control the situation,” he said.

 The General Manager told the Assembly that the “intense scrutiny” and the “non-stop visits” of the police put considerable pressure on the team.  

“We try very hard to follow the guidelines, but we do need the assistance of the customers and if they are unwilling to follow the guidelines it becomes very hard for us to comply with that guidance.” 

When questioned about why he had allowed dancing on the premises, he said it had been risk assessed and that “the benefits outweigh the risks."

He also said he wasn’t aware of the need to obtain a permission for dancing.

He said the guidance for events and gatherings and for food and beverage were “at odds” and that he had followed the latter as he didn’t believe he was holding events. “We provide dinner with entertainment for people to enjoy during their meal and afterwards,” he said. 

He argued that it would be unreasonable for him to tell people to sit down when “people are going out to relax, socialise and try have some normality in their lives."

“This is not what a dining experience is about,” he added. “People want to get away from covid for a couple of hours.”

Pictured: The Bailiff said evidence that the hotel had since conformed with the guidelines had convinced the panel not to suspend the licence.

The Assembly, composed of the Bailiff, Timothy Le Cocq, and Jurats Charles Blampied and Elizabeth Dulake, said they were extremely concerned that despite many visits by the police and regulatory bodies, there had been “a very clear and consistent breach of the guidance in this case."

The Bailiff said the hotel had clearly failed to act in the public’s interest, adding that it was not for any operator of a licence to assess the appropriateness of the guidance issued by government, or what parts can be applied.

He however said that evidence that the hotel had since conformed with the guidelines had convinced the panel not to suspend the licence, instead opting to fine the Marina Metro Hotel £20,000. 

He warned Mr Mayger that the suspension might be considered again should the Assembly be told of any further breaches. They might also reconsider whether he is a “fit and proper person” to hold the licence.