Sleep-In sues Gaming Authority over failure to issue casino licences
Sleep-In International Hotel and Casino Inc has filed an application in the High Court seeking to compel the Gaming Authority to “consider” and “determine” an application made by the hotel since 2017 for a Casino Premises Licence and a Casino Operator’s Licence.
In court filings seen by Stabroek News, the hotel is claiming that though it submitted the last of the documents and material requested by the authority since February 28th, 2018, it has not been granted the licences, and the staff of the authority have not offered an update or explanation as to the status of its applications.
It must be noted that the hotel, having experienced several difficulties in obtaining the documents requested, submitted them after extensive extensions granted by the authority. The application was made on April 5, 2017, and the additional documents requested after the application was made, were submitted several extensions later, on February 28th, 2018.
“The delay of more than one and a half years since the submission of all requisite documents and materials by the hotel to accompany its application for a casino operator’s licence and a casino premises licence is unreasonable,” the application states.
The application further said that the hotel eventually instructed its attorney, Anil Nandlall, to contact the authority to enquire into the reason for the delay. It said that when Nandlall made contact, he was informed by Chairman of the Gaming Authority, Roysdale Forde, that the entity was awaiting the completion of police investigations being conducted with respect to the “hotel and its principals.”
However, the application said, none of the hotel’s principals have been contacted regarding such an investigation, and a letter to the Commissioner of Police enquiring as to whether such investigations were ongoing, was never answered.
The application noted that while the Gaming Prevention Act and its attending subsidiary legislation do not prescribe a period within which applications are to be considered and determined, the Interpretation and General Clauses Act provides that, in such cases, action must be taken “with all convenient speed.”
In 2015, Sleep-In and the Guyana Office for Investment concluded a Memorandum of Understanding (MoU) under which the latter pledged, subject to the approval of the president, to facilitate a casino operator’s licence to Sleep-In provided that it constructed a minimum of 155 rooms at its hotel.
The hotel claims to have performed its obligations under the MoU, and on August 6, 2016, applied to the authority to be issued with a casino operator’s licence, paying the required fee of $9 million. This application was refused, reportedly owing to deficiencies in the hotel’s operations.
Having rectified these deficiencies, Sleep-In made another application on April 5th, 2017, once again paying the $9 million fee.
The authority is said to have responded by letter on August 3rd, 2017, informing Sleep-In that its application was under active consideration, and requesting that the hotel submit further documentation.