The entrance to Cabbage Beach

THE relocation of the dozens of Cabbage Beach vendors upset over the closure of an access point to the popular Paradise Island property is not the responsibility of the landowners but the government, according to Atlantis’ Senior Vice-president of Public Affairs Ed Fields.

Mr. Fields spoke on the matter as a guest on Star 106.5FM’s talk show “Jeffrey” with host Jeff Lloyd this week.

Mr. Fields said he did not speak about the issue earlier, because he was waiting for the “waves to recede” on the contentious debate.

“There has to be some clarity presented because there’s a conflation of issues,” he said.

“Emotions are taking over. We need to look at where the injustice lies. An act that you see or feel is one way, may not be that way. We need to take away the emotionalism of the foreigner versus the Bahamian. We need to focus on the fact that this is a property issue,” he added.

Mr. Fields went on to explain the history of the property, stating that the six-acre property was acquired by Atlantis and then sold to Access Industries.

He said throughout the property’s history, it has remained private property.

According to Mr. Fields, at no point was the property ruled public land, nor were the two access points over the property granted as public accesses.

The veteran broadcaster went on to empathise with vendors over the matter, but said their access to the land was always as a result of property owners granting it.

Speaking directly to the issue of vendors he said: “I’ve had very close interaction with these people for years, I know what they’re feeling and can imagine what they’re feeling.”

He added: “But there’s a confluence of emotion, politics and the law. There’s no confiscation here. It’s an issue of property rights, not birthright.”

Mr. Fields indicted that in 2003 he discovered that a government agency had granted licenses for vendors to work on the beach, as the property wasn’t being used for other purposes at that time.

He added that an agreement allowing the vendors to work followed, accompanied by a code of conduct for the vendors.

“The agreement says they recognise it’s private property, and they shouldn’t be issuing (additional) licenses,” he said, adding that all parties involved agreed to the terms, signed the contracts and business carried on accordingly.

However, in 2012, Mr. Fields said Atlantis was made aware that the number of licenses had increased from 20 to 40 after a disagreement among vendors.

He said Atlantis decided it would oblige the new vendors under the condition that they also sign the agreement acknowledging the land as private property.

The agreement specified that if, at any time, the vendors were in breach of the contract, or if the property owner decides to use the land for private purposes, licenses could and would be revoked with a minimum of 30 days notice.

“The owners of the property - Access - have submitted to the Bahamas Investment Authority a plan for a development there, and vendors are eligible to apply for jobs at this venue,” he said.

“A path was allowed; it’s not a right-of-way or easement. Proper notice was given to each of the vendors whose licenses have been terminated. It’s an agreement signed by all parties involved, and one party is exercising its right.”

“I don’t want to dismiss in any way understanding the sensitivities of the parties concerned, but this cuts both ways.”

“I am going to say it very clearly and I beg to be contradicted, it’s the responsibility of the agency which unilaterally offered the licenses to find a solution to the problem.”

Mr. Fields noted that public access was never impeded, stating that the Garden View Drive pathway remains open to all Bahamians looking to use the beach for recreational purposes.

In December vendors filed an injunction to prevent Access Industries from restricting access to the property at the western pathway next to the Riu Hotel.

A 30-day injunction was granted. Further applications were made to get that injunction extended, but were eventually denied.

On February 29, it was agreed with the government that the access would stay open until March 31 to allow additional time to find an alternative solution. However little has been said about the issue since then.

By Ricardo Wells, Tribune Staff Reporter

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