Public Beach on West Bay Road seems to be used by vendors who store their equipment (such as large amount of beach chairs). As this is a public beach and belongs to all of us, how is it that some vendors are able to use the Public Beach area for storage of their equipment 24/7? Is there some compensation arrangement between the vendors and the Government? Can anyone set up a business on the Public Beach and store their equipment?


Auntie’s answer: While different agencies can be called on to deal with issues regarding vendors, depending on the circumstance and what it is they are selling (which I will get to in a bit), one thing is certain – you are not allowed simply to set up a business on the beach and store your equipment there.

I received a very comprehensive answer on this from the Ministry of Planning, which seems to cover every contingency. As you point out, Public Beach is crown property and is for everyone’s enjoyment. The ministry acknowledged it has received complaints about this issue and is working to address those.

The helpful person at the ministry told me that the activities on Public Beach are now being monitored by several agencies, such as the Parks and Recreation Unit of the Public Works Department, the police, and the departments of commerce and investment (DCI), immigration, and environmental health (DEH), and “action is being taken by the relevant authority dependent on the infraction”.

Every vendor must have a Trade and Business licence and, very relevant to your concerns, this does not permit beach chairs to be stored on the beach.

Now I am sure there are many cynics out there who will scoff at this news and say that it doesn’t matter if it is not allowed; people will store whatever they want.

Well, just last week warning notices were actually issued to vendors for various infractions, including, you will be glad to know, storing chairs on the beach. Among other things, various government agencies also checked if vendors were licensed, possessed legal immigration status and, if selling food, that they carried an up-to-date food-handling certificate.

But wait, there’s more: the Trade and Business Law (see the DCI website) also authorises administrative fines to be levied for infractions, after two warnings are issued. These fines range between $100 and $2,500.

The planning person explained that the ultimate goal of all this monitoring is to ensure properly licensed vendors are providing what they are legally allowed to and that they do not interfere with “the use, access or enjoyment of other beachgoers, or the beachfront properties in the area”.

However, the law does not really deal adequately with vending on crown property, the official said, and a Public Lands Law, which is being drafted, is going to address all these issues. In the meantime, government is developing a policy that will deal with what is and is not allowed on crown land.

As for your compensation-arrangement question, all government gets out of vendors on the beach is the licence fee.