Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

9 October 1998

Before: Sir Philip Bailhache, Bailiff, and

Jurats Potter and Quérée

AG

-v-

Parvez Rashid Pirzada

4 counts of: Contravening Article 14 (1) (a) of the Housing (Jersey) Law 1949 by failing to comply with a condition of a Housing Committee for the lease of dwelling accommodation only to persons specified in Regulation 1 (1) (a) - (h) of the Housing (General Provisions) (Jersey) Regulations, 1970.

Plea: Facts admitted

Age: 54

Details of Offence:

The Company (Osman Restaurants (Jersey) Limited, against which all charges were withdrawn) was landlord of 16 York Street; defendant was the tenant. Defendant failed to comply with conditions imposed upon him as lessee by sub-letting 4 Units of accommodation to persons who were not qualified under Regulation 1 (1) (a) to (h). Over the material period, the defendant took approximately £10,110 in rental. It was not known what proportion was illicit profit, i.e. whether the tenants paid the appropriate market rental. No services were provided to any of the tenants . Defendant was exempt from the provisions of the 1949 Law by virtue of Regulation 5.

Details of Mitigation:

Co-operative with the Housing Department. Knew that the accommodation could only be occupied by persons with residential qualifications. Claimed not to know the law. "Inherited" at least one tenant from the previous landlord. Admitted he had not taken advice from Housing - mistaken belief he was within the Law. Remorse. Apologies.

Previous Convictions:

Nothing relevant

Conclusions:

Count 1: £1,000 or 1 month imprisonment in default of payment

Count 2: £1,000 or 1 month imprisonment in default of payment, consecutive

Count 3: £1,000 or 1 month imprisonment in default of payment, consecutive

Count 4: £1,000 or 1 month imprisonment in default of payment, consecutive

Sentence & Observations of Court:

Conclusions granted. Court observed Defendant was an experienced and successful businessman, with 33 years experience. Took with a "slight pinch of salt" that the infractions were entirely unintentional.

Mrs S Sharpe, Crown Advocate

Advocate J Martin for the Accused

JUDGMENT

THE BAILIFF: The Defendant is an experienced and successful business man, who has lived in the Island for 33 years. We take, therefore, with a slight pinch of salt, the submission from Counsel that these infractions were entirely unintentional; we do however accept the submissions of both Counsel that there was no illicit profit and we take into account, in mitigation, that the Defendant was entirely co-operative with the Housing Department, and that this is the first occasion upon which a lapse of this kind has taken place.

We have taken careful note of all of the submissions of Defence Counsel but we consider that the Crown Advocate has, if anything, been generous in her conclusions.

Stand up please Mr Pirzada, the Court is therefore going to grant the conclusions and you will be sentenced on count 1: to a fine of £1,000 or in default one months imprisonment, on count 2: to a fine of £1,000 or in default one months imprisonment, consecutive, on count 3 to a fine of £1,000 or one months imprisonment consecutive, and on count 4 to a fine of £1,000 or one months imprisonment consecutive, making a total fine of £4,000, or in default 4 months imprisonment, and costs will be paid of £1,000. The fine and costs may be paid at the rate of £1,000 per week.

Authorities

A.G -v- Dorset Street Holdings & Nigel Anthony Barette (2 March 1998 ) Jersey Unreported

A.G -v- Royal Brees Hotel (3 July 1998) Jersey Unreported

A.G – British Broadcasting Corporation (8 May 1998) Jersey Unreported