Judge to rule on Superbet’s challenge for license to operate Sept. 17

Aug 11, 2019 News

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High Court Judge Jo-Ann Barlow has fixed Tuesday, September 17, for ruling on an application filed by Guiana Holdings Inc., the company which operates Superbet, against the Guyana Revenue Authority (GRA) and the Guyana Gaming Authority (GGA) over their refusal to issue the betting company a licence to operate.
The matter which was filed last month came up for another hearing on Wednesday. That aside, in its application, Superbet is asking the Court to grant an Order quashing the decision of the GRA, requiring that the company submits a certificate of good standing, as a condition precedent to the issuance of a Betting Shop Licence under the provisions of the Tax Act, Chapter 80:01.
Superbet is also asking the Court to consider that the decision is ultra vires, capricious, whimsical, arbitrary, unlawful, illegal, and influenced by irrelevant considerations, in breach of its legitimate expectation, null, void and of no effect.
Secondly, the company wants an order directed to GRA compelling the tax company to process, in accordance with law, the application for Betting Shop Licences for the years 2018 and 2019.
Furthermore, Superbet has approached the Court for an Order directed to the GGA quashing the decision to impose a requirement of a good standing certificate as a condition precedent to the applicant obtaining a Betting Shop Licence under the provisions of the Tax Act, Chapter 80:01.
Additionally, the betting shop wants an order directed to the GGA quashing the decision to refuse to issue to Superbet, a good standing certificate on the grounds that the said decision is ultra vires, capricious and influenced by irrelevant considerations.
The principals of Superset also asked for an injunction restraining the respondents,(GRA and GGA) jointly and/or severally, by themselves, their servants and/or agents from interfering with or interrupting their business operations, howsoever or whatsoever, until the hearing and determination of these proceedings.
In his affidavit to support his claims, Shrikant Kisoensingh, General Manager of Guiana Holding Inc., noted that he engaged in the business of sports betting under the name and style of “Superbet” and has operated in Guyana since 2012.
Over the past seven years, he said that Superbet has established 170 locations countrywide, across eight administrative regions, run and managed by agents all of whom employ several persons at their individual operations, and they all depend upon the operations.
At present, the applicant said that 70 staff are employed on a full-time basis at its operations headquartered at 72 Barrack Street, Kingston, Georgetown, Guyana.
From the commencement of its operation, Kisoensingh claimed that his operations are above board in keeping with all the necessary tax and gaming laws. For the years 2012 to 2015, he contended that the relevant fee was $2,000,000 annually; for the years 2016 and 2017, the annual fee increased to $3,000,000.
According to the document in support of his legal contention, the applicant noted that the GRA belatedly added a certificate of good standing as a requirement for granting the licence. Kisoensingh further noted threats by the GGA to suspend the operations due to the lack of a certificate of good standing is unfounded and without legal merit.
In his response thereto, the applicant contended that their operations did not fall under the purview and ambit of the Gambling Prevention Act, and therefore GGA did not have jurisdiction and authority to direct the Applicant to suspend their operations.
Additionally, in the Court document, Superbet noted that GGA required that the company undergoes an audit at the cost to some US$100,000— a bill which they should foot.
However, according to the application, the Gaming Authority will select the company to conduct the audit.
The audit company, Spectrum Gaming Group, is in conjunction with Compliance Aid BSA Anti -Money Laundering (AML) Services LLC– a Miami-based Anti-Money Laundering & Counter-Terrorism Financing Education, and Resources & Advisory Services firm.
The company was told that an AML/CFT audit was required for them to be issued a certificate of good standing.
Superbet had filed other actions to challenge the decision to refuse to issue them a licence to operate. Attorney at Law, Anil Nandlall, who is representing the company, is adamant that no place in the law states that a certificate of good standing is a requirement for the granting of a gaming licence.
“The hierarchical struggle has imposed that as an administrative requirement.” The application lists the Commissioner General of GRA and Chief Executive Officer of the Gaming Authority as respondents.
OPPERATING ILLEGALLY
Eight Superbet operators were arraigned before Magistrates on Friday to answer charges in relation to operating illegal business premises. Four of them were brought before Senior Magistrate Leron Daly in the Georgetown Magistrates’ Courts.
The others were heard at the Providence Magistrates’ Courts before Magistrate Sunil Scarce.
Attorney-at-law Anil Nandlall is representing all the defendants. In an application made at both courts, the attorney asked that the charges against his clients dismissed.
The basis for the application, according to Nandlall, is because the police do not have the authority to institute such charges against his clients. In fact, the lawyer contended that the Guyana Revenue Authority (GRA) is the appropriate agency to file the charges.
The attorney argued that these matters are in relation to not having a business licence. He said that such investigations lie with GRA. Therefore, he mentioned that in this case the police cannot institute the charge(s) against his clients or be the ones carrying out the investigation.
Nandlall then requested that the prosecutor provide in writing who granted the police the authority to deal with the matters.
Both magistrates agreed with the challenge raised by the defence and adjourned the matter until Friday next where clarity will be given as to who will be handling the matters. There are eight Superbet operations now before the courts, four from Georgetown and the remainder being from East Bank Demerara.
They are Karma 78 owned by Devenand Singh of 78 ‘B’ Sandy Babb Street, Kitty Georgetown, S&S Game Centre owned by Rhonda Josiah of 355 Mandella Ave. East Ruimveldt Georgetown, KAS Superbet owned by Kurt Sunich of 378 West Ruimveldt Georgetown and Dev Grocery owned by Devendra Gangaran of 152 Albert & Sixth Street Alberttown Georgetown.
Nicetime Superbet owned by Roumayne Dumn of 50 North West, Grove Public Rod East Bank Demerara, Prospect Game Centre owned by Lachman Frederick of 22 Prospect Public Road, East Coast Demerara, RJ’s Business owned by Jessica William of 224 Section ‘C’ Block Y Golden Grove, East Bank Demerara and Rama Superbet owned by Hamauth Satayadeo of 1061 Section ‘C’ Golden Grove, East Bank Demerara.

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