By FARRAH JOHNSON
Tribune Staff Reporter
fjohnson@tribunemedia.net
A BAR owner who was initially cited more than $40,000 after officers found at least 150 people congregating at his establishment in violation of the emergency orders earlier this year was yesterday fined $2,000.
Cacique Bar and Lounge manager Thomas Barnett was charged with operating a prohibited business in July after officers found over 100 guests at his establishment who failed to wear masks or practise social distancing. He denied the allegations when he first appeared before Senior Magistrate Carolyn Vogt Evans and the matter was adjourned for trial.
When Assistant Superintendent Keith Ferguson gave evidence yesterday, he said that around 9.40pm on July 12, officers attached to the curfew unit proceeded to Cacique Bar in the Saunders Beach Plaza, where they noticed a large number of vehicles parked outside.
“They were playing loud music,” ASP Ferguson testified. “Upon entering, I also noticed a large crowd of about 150-250 persons, most of whom were not wearing masks or socially distancing themselves.”
The officer said he also noticed a large crowd around the bar who appeared to be consuming beverages. He said he then made inquiries to locate the owner and manager and was later led to Barnett.
“Officers then informed him that he was in breach of the emergency orders by operating a prohibited business and Barnett responded that he knew he was over the prescribed capacity at his establishment,” ASP Ferguson said.
“We then cited Barnett for operating a prohibited business in the amount of $47,000. The seating capacity under the emergency orders at max was 100 persons. In my observation, he was over 100 percent capacity.”
At no time did Barnett mention if his customers were fully vaccinated, the court was told. When he took the stand, he said his restaurant was in a plaza and noted it was situated right next to a “number of other establishments’’. He said this was the reason officers noticed so many cars when they arrived.
“We’re in a very popular spot and a number of people outside had nothing to do with the people inside our place,” he said. “The officers who wrote my fine did not have an actual count of how many people were inside, so the number (they’re citing me for) is arbitrary.”
Barnett insisted his bar tried to maintain “all laws and orders”. He also said they regulated where people could sit and did not offer any indoor dining services.
Magistrate Vogt Evans said she found that the Crown proved that Barnett operated a prohibited business, but failed to establish the evidence to support the citation as it related to 150 being fined $300.
She fined Barnett $2,000, $500 of which was paid yesterday. He must pay the balance by January.
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