Steward denied
director’s licence
~Amendment to ordinance expected soon~
PHILIPSBURG--A steward turned shareholder of a Front Street Indian restaurant was denied a Director’s Licence by the Island Council Monday on the ground that the application was a way of circumventing the employment permit procedure.
Pandurang Shinde was employed by Winnover N.V. as a restaurant steward dating back to 2000. After an extension was denied by Executive Council last year based on the fact that he was not even earning minimum wage, Shinde filed for a Director’s Licence without pursuing the appeal procedure, Economic Affairs Commissioner Maria Buncamper-Molanus told the Island Council. The shareholders’ letter for Winnover N.V. states that Shinde now owns one-third of the restaurant shares.
This move was considered as a clear indication that the applicant was trying to circumvent existing procedures to acquire a licence instead of fighting for a new employment permit. After applying for the licence, Shinde was called three times before the government advisory body to answer questions about the request but each time asked for a postponement via his attorney.
The commissioner said that Shinde’s failure to show up to argue his case for a licence indicated that he no longer had any interest in the matter and probably “accepted that he had no grounds at all.”
Shinde’s case is not unique and he can now fight his battle in court. Other employees- turned-shareholders have attempted to acquire permanent stay on the island in this manner. In the latter half of 2007, the Island Council also denied a licence to a former exotic dancer who pooled her resources into opening a clothing store.
The denial of the Director’s Licence was unanimously approved by the Island Council member but not before National Alliance members George Pantophlet and Rudolphe Samuel pointed out the urgent need for a more streamlined and uncluttered way of dealing with licence application.
Samuel said government’s needs a clear policy on the issuance of Director’s Licences. Pantophlet urged that all proper procedures be followed when denials are made to ensure that there are no resulting court battles that may set a “dangerous precedence” that jeopardises the economy.
Island Councilman Petrus “Leroy” de Weever of the Democratic Party issued a charge to his governing colleagues to deal with licence requests and appeals in a more expedient manner in the light of other cases that took over a year to be handled.
In responding to the council members queries, Buncamper-Molanus said that amendment to the Business Ordinance that include changes to the Director’s Licence procedures have been approved by the Executive Council and forwarded to the Governor of the Netherlands Antilles Frits Goedgedrag. Once the governor’s stamp of approval is received, the amendments will have to be approved by the Island Council.
The amendment includes the elimination of the Director’s Licence and the simplifying of business registration. This will give government a clear indication about the type of businesses on the island and the overall progress of the economy. Also the Island Council will no longer handle appeals for denied licences. This will become the responsibility of an Appeal Committee.
