Betting shop owner denied licence

Chief Magistrate Sherman Mc Nicolls, who is also a licensing authority, refused the application made by Kearne Govia, owner of At The Post Racing Services, ruling in favour of a church located next to the proposed betting shop site after strong objections raised by the members of the church about the gambling establishment being set up next to the "holy premises."

"The authority is of the view that the location of the betting shop next to the church is not a suitable location, and both applications are hereby refused," stated Mc Nicolls’ ruling.

Speaking to Newsday after the ruling, At The Post owner Govia said he was "indeed shocked by the ruling."

"All I can say is that I am shocked. This will affect me financially, but I cannot say what is the next step for me," said Govia.

Asked if he was going to appeal the matter, Govia declined comment, saying he first had to consult his attorney on the matter.

The matter, which was heard in the Port-of-Spain Eighth Court, heard the objections raised by the members of the St John’s London Spiritual Baptist Church on Pembroke Street, Port-of-Spain. The court was told that Pastor Anslem Warrick, head of the church, had initially written to the Gambling and Betting Authority, citing several objections such as the close proximity of a gambling establishment to the church, which subsequently raised concerns about disturbance of the church’s services.

During the court proceedings, Warrick testified that he and members of his church believed gambling to be a sin as it was "contrary to the principles which the scripture would have us live by."

The court also heard that the betting shop owner met with Pastor Warrick and his wife earlier this year and assured them that disturbance of their Sunday service would not be an issue since, by law, the racing pool was not to be opened on a Sunday.

During the court hearing, Govia cited several similar examples of betting shops set up in Port-of-Spain near other churches, such as the Fair Chance 2004 Racing Service situated opposite the Trinity Cathedral on Queen Street, Port-of-Spain.

However in a judgment passed by the presiding magistrate yesterday, Mc Nicolls dismissed the applicant’s argument, insisting that "the location of Fair Chance Racing Service in relation to the Trinity Cathedral is different in terms of distance from each other, and is not the same as in the instant case where both premises adjoin each other."

Responding to the applicant’s evidence concerning other businesses which had no objection to the setting up of the gambling establishment, Mc Nicolls ruled, "the types of business places that have no objection to this business place are a shoe store, bookstore, travel service etc. To my mind, there is no basis for them to object and they were quite right in stating that they had no objections to the betting office setting up."

Mc Nicolls also noted that the entrances to both premises are located on the same street.

"It is anticipated that around 200 persons will visit the betting shop on a good day and, at a busy day for the church, there may be as many as 300 persons in attendance, resulting in traffic congestion on Pembroke Street, just opposite the Hall of Justice, whose sole entrance is also on that street. The Hall of Justice stands majestically west of both the church and the renovated premises. Even though the Hall of Justice filed no objection, the authority is not unmindful of the fact that to the south of the premises in question is a church which has been in existence since 1845," stated the ruling.

Contacted for comment on their success, Warrick told Newsday, "This is a victory for God. A victory for God and for moral and spiritual values."