IN its quest to legally operate its casino here, Sleep-In International Hotel has turned to the court, asking that the Guyana Gaming Authority be ordered to process its applications for a Casino Premises Licence and a Casino Operator’s Licence with all convenient speed.
Sleep-in International Hotel, through its Attorney, Anil Nandlal, filed a Fixed Date Application (FDA) in the High Court against the Gaming Authority, a statutory body established under the Gambling Prevention Act, Chapter 9:02. The case will come up in before Justice Fidela Corbin, in the High Court, on November 13, 2019 at 14:30 hours.
In the application, Sleep-In asked the High Court to issue “an order or Writ of Mandamus directing the Respondent to process, consider and determine in accordance with law, the applicant’s applications for a Casino Premises Licence and a Casino Operator’s Licence made on or about 5TH April, 2017 with all convenient speed.”

In laying down the grounds on which the application was filed, Nandlall stated that Sleep-In is a limited liability company duly incorporated under the Laws of Guyana with its registered office and place of business situated at Lot 288-289 Church Street, Georgetown, Guyana.

He said the applicant was incorporated under the laws if Guyana on January 22, 2015 with the intention of establishing a three-star hotel offering luxury accommodation with associated amenities, including 155 rooms, two conference halls, a business centre, a pool, a gym, restaurants and a casino offering slot machines, live gaming machines and live entertainment.

“On the 4th February, 2015, the Applicant company and the Government of Guyana, represented by the Guyana Office for Investment made and entered into a Memorandum of Understanding whereby the Government of Guyana overtook, subject to the approval of the President, to facilitate, according to the laws of Guyana, a casino operator’s licence to the Applicant provided the Applicant constructs a minimum of one hundred and fifty-five (155) rooms at the hotel. Pursuant to, and in accordance with, the said MOU, the Applicant constructed one hundred and fifty-five (155) rooms, two (2) conference halls, a business centre, a pool, a gym, restaurants and a casino offering slot machines, live gaming machines and live entertainment at the hotel,” Nandlall explained to the court.
He further pointed out that on August 2, 2016, Sleep-In Hotel applied to the Gaming Authority for the issuance of a Casino Operator’s licence and a Casino Premises licence. According to Nandlall, the applicant also paid the application fee for the two licences in the sum of $9M.

“On the 3rd November, 2016, that is, three (3) months after the applications were made, the Applicant received a letter from the Respondent informing the company that its applications for a casino premises licence and a casino operator’s licence were refused,” Nandlall detailed.

Sleep-In on April 5, 2017 filed another set of applications for the two licences to be issued by the Gaming Authority. Nandlall told the court that Sleep-In, in reapplying for the licences, specifically addressed the alleged deficiencies identified by the Gaming Authority in its letter dated November 3, 2016.

The documents which accompanied Sleep-In’s applications included, its audited financial statements for the year 2016 and from the January 1, 2017 to the March 31, 2017; a letter from Trust Company (Guyana) Limited indicating that it loaned Sleep-In $140M to construct the hotel and casino; and a mortgage deed executed between the company and Wide Grace Limited, evidencing that Sleep-In borrowed $735M.

Additionally, a loan agreement between the hotel and Global Trading Company Ltd was also made available to the Gaming Authority. Sleep-In also repaid another set of applications fees in the sum of $9M. On August 3, 2017, the authority informed Sleep-In that its applications were under “active consideration” but later requested additional information. Nandlall stated that despite visits to the hotel, and a series of written exchanges, clarifications and submissions, the licences have not been issued to date.