Despite court orders: Vendors shift to late-night hours to evade removal near GPHC – Town Clerk

In what appears to be an attempt to avoid enforcement, a handful of vendors are choosing to occupy spaces near the Georgetown Public Hospital (GPHC) in the late afternoon and late-night hours, despite a court order for their removal, Town Clerk Candace Nelson revealed in a telephone interview with this publication. Only recently, Town Clerk Candace Nelson said she has again received a lawyer’s letter regarding plans to seek a mandamus from the court. On Tuesday, Nelson explained to this publication that the mandamus process begins with a notice sent to the council through an attorney, requesting the removal of the vendors. She said that the council is currently at this stage, with the attorney providing a time frame to act. If the council does not comply within that period, the attorney can then apply to the court for a mandamus, which the court would review and, if granted, require the council to clear the area immediately. She added that if the council still fails to act after the court order, the applicants can issue another notice with a new time frame or reapply to the court for a contempt proceeding. Nelson noted that as long as the matter is returned to the court for contempt proceedings, the legal process continues until compliance is enforced. The hospital has said the inundation of unauthorised street vending along the New Market and East Street, Georgetown pavements not only congest the pathways for ambulances and patients but also poses a challenge for keeping the hospital’s environs clean. Noise nuisance is also a concern. Reporting on her personal observations, Town Clerk Candace Nelson said that she had passed by the area near GPHC in the morning period and noticed approximately only three vendors. She said two of them had their goods set up but were not selling, while only one was actively trading at the corner of New Market and East Street. “I passed there this morning [Tuesday] and I noticed that there were approximately three of them, but two of them weren’t, they weren’t open. They had their stuff there, but they weren’t selling. One of them was selling, that is at the corner of New Market and East Street. But from what GPHC is saying is that there are certain times that they know that they come to make certain checks and they will not come out at that time. They will come out like in the afternoon, through the night and on the weekends when the M&CC (Mayor and City Council) does not exactly have the resources to patrol that area.”

Seizures, court action
She noted that this pattern of operating during late hours is the main challenge in enforcing the removal orders. As the vendors continue to operate near GPHC, the Town Clerk has warned that more forceful measures may be necessary. She told this publication, “We’ve tried to plead with them before because we’ve removed them several times, but they continue to go back. So what we would do is seize their stuff if they continue to occupy the area, because by now everyone knows they’re not supposed to be there.” Nelson added, “We can also take them to court, to the Magistrate’s court for that, but that doesn’t always work out in our favor. So from time to time we ask them to pack up and leave, or we might seize their stuff, and they have to pay a fine to get it back.”
This is not an isolated situation, other businesses, including Muneshwers, Banks and most recently Yhips Bakery among others have previously taken legal action to remove unauthorised vendors from their premises, highlighting the council’s ongoing challenge in enforcing court orders and keeping commercial areas clear.
Regarding Muneshwers Limited, Town Clerk Candace Nelson explained that the council has not yet taken action because this is a new case and the location presents certain challenges. She said that vendors often take advantage of the seasonal vending period, which runs from the Christmas season until January 15, to set up along the road. She added that the council plans to address the situation soon. “Nevertheless, I have upcoming meetings with my Heads of Departments and that is one of the things that we will be discussing, how we’re going to approach it and how quickly we can have that area cleared,” she said.