COLE BAY:---The Court of First Instance of Sint Maarten has ruled in favor of Docta Catering N.V., operator of the popular restaurant and nightlife venue District 721, suspending the government’s decision to revoke its entertainment permit and shorten its operating hours. The judgment, delivered by Judge G. Drenth, restores District 721’s right to host music, shows, entertainment performances, and dancing under its original license until the final ruling in the ongoing case.
The case stemmed from an October 20, 2025, decision by the Minister of Tourism, Economic Affairs, Transport and Telecommunication (TEATT) to withdraw the venue’s entertainment permission and impose a midnight closing time. The ministry argued that District 721 repeatedly violated the sound level limits of 75 dB outside and 96 dB inside, as well as disturbing nearby residents.
However, the court found that the ministry’s actions were disproportionate and insufficiently supported by evidence.
Background and Noise Allegations
District 721, located at Welfare Road 64 in Cole Bay, holds a valid restaurant and entertainment license issued in February 2025. The permit explicitly allows live music and dancing, with sound levels capped at 96 dB indoors and 75 dB outdoors, and no disturbance to neighboring properties.
According to TEATT inspection records, the venue was placed under “enhanced monitoring” in April 2025 following complaints from nearby residents. Despite several inspections, an internal TEATT email at the time acknowledged that no violations of the 75 dB outdoor limit had been confirmed.
Later inspections in August and September 2025 recorded readings such as 78 dB(A) at a residential porch and over 80 dBC in some nearby commercial properties. However, the court noted that these measurements were isolated incidents and not clearly tied to violations of the legal limits specified in District 721’s permit.
Court’s Findings
The court found that the government’s justification for withdrawing the entertainment license — citing “repeated violations” and “multiple warnings” — was factually incorrect. In reality, only one formal warning had been issued on May 7, 2025, and even that warning contained inconsistencies.
Evidence presented by Docta showed that the inspectors themselves admitted during one inspection that no sound limit was breached, contradicting the contents of the warning letter. The court ruled that this raised serious doubts about the reliability of TEATT’s enforcement record.
Judge Drenth emphasized that while the government must protect public order and residents’ peace, it must also act fairly and proportionately. The Minister, the court said, should have followed the Residential Economic Policy’s (REP) penalty structure, which requires two written warnings before any suspension or revocation — a process that was not respected.
“The Minister’s decision is insufficiently motivated,” the court concluded. “Given the severe financial and reputational impact on Docta, the immediate execution of the decision would cause disproportionate harm relative to the public interest it seeks to protect.”
Decision and Implications
The court therefore suspended the Minister’s October 20 decision, meaning District 721 can immediately resume its full entertainment operations under the original terms of its February 2025 permit — including the 3:00 a.m. closing time on weekends.
The Ministry of TEATT was ordered to pay ƒ1,400 in legal costs to Docta Catering N.V. No further appeal is allowed against this interim ruling.
While District 721 celebrated the outcome, the court cautioned the venue to remain compliant: sound levels must not exceed 75 dB at the property boundary, and monitoring will continue.
The decision is being seen as a significant reaffirmation of due process and proportionality in the enforcement of Sint Maarten’s business licensing and noise control regulations, balancing economic freedom with community peace.