PHILIPSBURG:--- The Court of First Instance of Sint Maarten has annulled a formal warning issued to Docta Catering N.V., operator of the restaurant and bar District 721, by the Minister of Tourism, Economic Affairs, Traffic, and Telecommunications (TEATT) Grisha Heyliger Marten. In a verdict delivered today, November 24, 2025, the court found the warning was issued without sufficient evidence and was contrary to the principles of due care.
The case centered on a formal warning letter sent to Docta Catering on May 7, 2025. The letter alleged that the establishment had violated noise level conditions stipulated in its operating permit. Specifically, it claimed a noise level of 81.5 dBA was recorded at the entrance of the Cole Bay establishment during a control on April 30, 2025. The permit allows for a maximum of 75 dB outside the establishment.
Docta Catering contested the warning, arguing that no sound check was performed on April 30. The company also pointed out that the warning letter itself stated that a second control on May 2, 2025, found no violations. To support its case, Docta Catering submitted a video recording from the night of May 2, in which an inspector is heard confirming the sound levels were acceptable at that time.
In its defense, the Ministry of TEATT initially claimed the warning was a preventive measure and not subject to appeal. However, the court ruled that because the warning was based on policy and could lead to more severe sanctions like closure or license revocation without a set expiration date, it must be treated as an appealable decision to protect the business's legal rights.
The Ministry later admitted the April 30 date in the warning letter was a mistake and that the alleged violation actually occurred on May 2. It presented a control report from May 5, which stated that noise levels "consistently exceeded 80 dBA" for a 40-minute period on May 2.
However, the court found significant contradictions in the Ministry's evidence. The judge highlighted that the official warning letter explicitly stated no violations were found on May 2, directly contradicting the Ministry's later claims. Furthermore, the testimony of the inspector present on-site, who confirmed that the music was only briefly too loud upon her arrival before being lowered, undermined the control report's claim of "consistent" non-compliance.
The court concluded that the Ministry failed to provide credible and sufficient evidence to prove a noise violation occurred. The judge stated that the control report did not provide an accurate representation of the facts and, therefore, could not serve as a proper basis for the warning.
As a result, the court declared Docta Catering's appeal well-founded and annulled the warning letter. The Ministry of TEATT has been ordered to pay Docta Catering N.V. Cg 1,400 for legal costs and reimburse the Cg 150 in court registry fees.
This verdict underscores the importance of procedural accuracy and solid evidence in regulatory enforcement. For business owners, it reaffirms their right to challenge administrative actions that are not properly substantiated. For the government, it serves as a clear reminder that its enforcement actions must be based on carefully documented and consistent facts to withstand legal scrutiny. Both parties have six weeks to appeal the decision at the Joint Court of Justice.
Click here to read the verdict of the court.
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