Domino's Pizza International Inc. will not set up a franchise operation on the Island until the issue has been conclusively settled in the courts, a spokesman said yesterday.

And if the legal climate becomes favourable once the courts have had the final say, then Domino's will return to seek out candidates willing and able to operate the franchise locally.

Dawna Heilmann, development coordinator for Domino's Pizza International, shared this with The Royal Gazette yesterday.

On Friday, the American pizza chain placed an ad in the Bermuda Sun looking for prospective candidates who were interested and had the necessary capital, to run a Domino's franchise locally.

Committed persons were encouraged to send their resume and business proposal to the company office in Ann Arbour Michigan.

However, Ms Heilman said that Domino's Pizza International was not willing to follow through on their original idea since they learned of the current legal wrangling over the issue of franchises.

She said: "We were going to place an ad in both the Bermuda Sun and The Royal Gazette but someone from the Gazette office informed us that we cannot franchise in Bermuda so we stopped the ad.

"Unfortunately the ad had already been placed in the Bermuda Sun. They were not kind enough to tell us about your policy on franchises. They just took the money and ran.'' Ms Heilmann said that once Domino's International learned of the passage of the Prohibited Restaurant's Act 1997 and the fall out around that, her organisation has reassessed its position.

"We will now await the final outcome of the entire court process before we make our next move,'' she added.

Nonetheless, Ms Heilmann said that initial market research that Domino's International had conducted and which looked at such things as population among its variables, found Bermuda a favourable place to launch a franchise.

"We are currently in 59 markets and looking to expand our international exposure but we were just in the initial stages of our (Bermuda) research.

"If, after the outcome of the court process, the climate becomes favourable to franchises, we will be back to canvass the interest.'' Grape Bay Ltd., which is a company that has former Premier Sir John Swan and UBP backbencher Maxwell Burgess among its principals, wants to open a McDonald's restaurant franchise on the Island.

The thorny issue of franchises is far from closed on the island. Last year Puisne Judge Vincent Meerabux ruled against a stay of execution pending appeal of his finding that the Act of Parliament banning foreign fast food franchises from the Island was unconstitutional.

In theory that leaves the way clear for a McDonald's restaurant to open its doors for business.

But it has yet to be decided whether Grape Bay Ltd.'s McDonald's will open at the Airport.

Government has granted an Airport concession to Grape Bay, but the lease still has to be approved by the House of Assembly.

The lease has not come before the House because of the uncertainty created by the legal row over franchises with a foreign flavour.

FIRST VOTES ARE CAST VOT First votes are cast The first votes were yesterday cast in a by-election double-header.

Advance voters went to the polls to make their choice in the Hamilton East and Pembroke West contests.

A total of 36 residents in both constituencies -- 18 in each -- took advantage of the pre-election day poll at Wesley Methodist Church Hall in Hamilton.

The polls closed at 7 p.m. Now the votes will be sealed and remain uncounted until they are added to the ballot boxes in both constituencies on the official polling day next Tuesday.