The States, through Policy & Resources, actioned Mr de Freitas after the cafe’s lease expired last year and the lease was awarded to another company following a tender process.
But he refused to move out, and has traded at Fermain all this summer.
Advocate Jon Barclay, for the couple, accused the States of conducting ‘an aggressive and belligerent agenda’ to secure a speedy eviction this time around. It had wanted him out at the end of next month.
The couple did not oppose eviction but simply sought to stay longer. Advocate Barclay said they had run the business for 21 years but should still be given time to get a return on their investment in the business.
He argued for a three-year stay if prospective new tenants had plans being worked up for the Fermain site, and five years if there were no firm plans for its future.
Following a tender process, Pearl Oyster, which operates cafes Lola and Coco, emerged as the successful bidder.
But the advocate said that there had been no information released about its plans were for the business and pressed States’ director of estates Mark Ogier in court for details.
Mr Ogier said that these were commercial and confidential, but the States was satisfied that the company did have firm plans and was committed to carrying them out.
The company was prepared to move in as soon as the site was vacated, to begin work ahead of opening next summer, he said.
Three jurats took just over an hour to come to their decision to grant a stay of eviction until 31 October 2028.
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