Phuket businesses ‘asked’ to knock down Surin Beach structures

[webfact]

Phuket businesses ‘asked’ to knock down Surin Beach structures
The Phuket News



PHUKET: -- D-Day for businesses operating along Surin Beach was supposed to be on August 9. That was meant to be the deadline for any structure on land to the west of the path along the beach to be knocked down.

Phuket businesses ‘asked’ to knock down Surin Beach structures
What has actually happened is rather different. Some – but by no means all – of the businesses have received a letter from the Cherng Talay Municipality requesting – but not ordering – them to remove structures.

In all, according to the Municipality, 32 such letters were sent out on September 4, with the request that demolition take place by September 18.

So far nothing has happened. The letter states that if there is no cooperation, legal action may be taken against businesses deemed to have encroached on public land next to the beach.

It is not known whether Catch Beach Club, the beach’s largest premises, and the business that sparked the upmarket beach entertainment revolution along Surin Beach, has received a letter – a spokesperson declined to comment.

However, a partner in another beach club told The Phuket News on condition of anonymity, “I received the letter. It said that I have only 15 days.

“I get a letter like this every year. I have no idea what the OrBorTor will do because officials have told us to stay quiet.

“Any action should take place at all the beaches, not just Surin Beach.”

In any case, he said, his business is legal. “My restaurant is on my own land. It is correct. [On the other side of the path] there are only tables and chairs for customers.”

But he added, “If [action by the Municipality] affects restaurants and other businesses, it will not be good for Phuket’s tourism image because there are not enough restaurants along Surin Beach to cater to all the tourists during the high season.”

Claire Cookson, partner in Salt restaurant, said, “We’ve received no notification but then, apart from the steps down to the beach, we have no structure on the beach side. I prefer it that way – the view is so beautiful.”

A spokesperson for the Paresa Beach Club, at the southern end of the beach, said that she had heard about the letters but that Paresa had not received one.

Other businesses The Phuket News tried to contact either declined to comment or could not be reached.

The situation along Surin Beach has a complex history. The land on the east side of the pathway belongs to the Cherng Talay Municipality which, a couple of decades ago, granted long leases to local people to establish businesses.

When the lessees set up their businesses on the beach itself, the municipality told them to stop, and erected basic buildings on the leased land to encourage them to get off the beach.

Those buildings are still there, most of them substantially modified. Catch Beach Club, for example, occupies five of the buildings.

Cherng Talay Municipality President Ma’ann Samran told The Phuket News on Friday (October 4) that none of the businesses had taken any action following delivery of the letter with its September 18 deadline.

“The next step will be to report them to the police for encroaching.” Asked when this would happen, he replied, “We need to consider the situation very carefully first.”

There will inevitably be debate over definitions. “Permanent” structures on public land are barred by law, but the definition of permanent is not clear. At one end of the spectrum, beach chairs and tables are clearly not permanent, while concrete walls on foundations set in the sand clearly are.

But the laying of timber flooring falls somewhere between, and appears to be open to interpretation. Also open to interpretation will be application of laws that prohibit businesses from making use of beaches and other public land for profit – a law that is, in Phuket, more honoured in the breach than the observance.

Last month Mr Ma’ann said that letters had not been sent to Surin Beach businesses alone, but also to some operating on Layan and Bang Tao beaches.

Source: http://www.thephuketnews.com/phuket-businesses-%E2%80%98asked%E2%80%99-to-knock-down-surin-beach-structures-42251.php


-- Phuket News 2013-10-08

[theblether]

I think the word interpretation means negotiation in this case.

[Phuket electrician]

The law, if enforced always considers the 'true purpose'. If it is to stop encroachment onto the beach then any structure or object placed there for the purpose of business is illegal. Permanent or temporary is irrelevant. Ignorance of the law is no defense.

Paying bribes is a serious criminal offence, carries a substantial fine and custodial sentence.

[eezergood]

business as usual

[Valentine]

"officials have told us to stay quiet" so eventually like everything else here it will be forgotten about as a new story takes precedence & no follow up is ever done.

[monkeycountry]

The definition is fairly simple really.

Whatever you put on the beach, has to be removed at night, and then you can put it back again the next morning. This is how it is done in some other places in Thailand. Obviously this approach means the more stuff you put on the beach, the more workers you need to do it, hence the more expensive it becomes to do it. And structures too large or heavy to remove each day will obviously not be erected.

[tingtongteesood]

If their mindset is the same as the stupid street food sellers here who cover 20 metres of pavement with a gauntlet of tables and chairs to try and weave your way through every damn day, then there must be a lot of stuff there that shouldn't be there....

[Pinot]

I was looking at the Catch Beach Club structure the other day. The planking for the floor is expensive plastic decking. These structures aren't going anywhere anytime soon. Business as usual.

The creep onto the beach continues on Kamala Beach down the road. One day they steal 3 meters of beach by sandbagging it, next week 3 meters more. Why not?

There is no enforcement of the law. The beaches are the profit center for the OrBorTors. Asking him to enforce it is asking the wolf to mind the sheep. Letters sent...my bum.

Edited October 8, 2013 by Pinot

[steelepulse]

>>The beaches are the profit center for the OrBorTors

Absolutely 100% correct. That monstrosity at Nai Harn is allowed to stay due to a 6 figure amount starting with a 5 donated to the local orbortor.

[eezergood]

>>The beaches are the profit center for the OrBorTors

Absolutely 100% correct. That monstrosity at Nai Harn is allowed to stay due to a 6 figure amount starting with a 5 donated to the local orbortor.

Not questionning you, but how do you know that?

Why not report it? I would, the place is becoming a joke - future generations will be going to man made beaches on this island before long!

[steelepulse]

Who do you report it to, the orbortor? Info comes from someone that knows the parties involved.

[LivinginKata]

Who do you report it to, the orbortor? Info comes from someone that knows the parties involved.

I would agree that it's almost worthless to report any local corruption. Most likely you would feel the wrath from the people you are reporting. One of the downsides of living in Thailand