Bermuda's final court of appeal yesterday fired the last salvo in the four-year battle of the burgers.

And last night C.V. (Jim) Woolridge -- one of the United Bermuda Party rebel five who backed the Act banning fast food -- said he was delighted the saga was finally over.

Mr. Woolridge said he had been Tourism Minister for more than 14 years -- and knew what sold Bermuda overseas.

He added: "We were always praised as one of those few destinations which did not allow neon signs, franchises and things like that.

"That's something we should be very proud of and once you have a reputation, it's incumbent on you to maintain it.'' Mr. Woolridge added that he had "no regrets'' -- even though some in the UBP blamed the five for contributing to the UBP's drubbing at the polls last year.

He said: "What we did was correct.'' He added: "The UBP weren't listening to the people -- had we been listening and paying attention to the people, we would still have been the Government.

"I have no regrets -- there were a number of factors which contributed to our downfall, but I don't think we five contributed to it at all.'' The written judgment, by five London law lords, ripped apart the argument that Grape Bay Ltd -- who aimed to open McDonald's restaurants -- had been deprived of property by an anti-fast food franchise law, the Prohibited Restaurants Act.

And Lord Hoffman -- head of the Privy Council appeals court -- said: "Their Lordships would accept that Bermudians are in the best position to know what the public interest of Bermuda requires. But the Constitution lays down a separation of powers between the executive, legislature and judiciary.

"On a matter such as the desirability or otherwise of franchise restaurants, which is a pure question of policy, raising no issue of human rights or fundamental principle, the decision-making power has been entrusted to those Bermudians who constitute the legislative branch of Government and not to the judges.

Privy Council has last say in burger war "Their Lordships consider that it is plain from the terms of the Act that the legislature considered it contrary to the public interest in Bermuda to allow the further opening of franchise restaurants.'' Lord Hoffman said: "This may or may not have been a wise decision. The prohibition may have been framed in wider terms than necessary.'' And he added: "The unique identity of Bermuda, which as the background shows, it was the object of the legislation to preserve, may be a somewhat intangible concept, not easy to reduce to a few propositions.

"But feelings about what gives a community its identity are powerful and important.

"The issues which they raise are pre-eminently matters for democratic decision by an elected branch of Government.

"The members of the legislature are not required to explain themselves to the judiciary or persuade them that their view of the public interest is the correct one.'' The burger war erupted after former UBP Premier Sir John Swan and ex-Minister, now Senator, Maxwell Burgess' Grape Bay was granted permission to open McDonald's franchise restaurants in Bermuda.

The Prohibited Restaurants Act passed the House of Assembly in 1996 with a combination of UBP rebels led by ex-MP Ann Cartwright DeCouto and the then-Opposition Progressive Labour Party.

But the Act was blocked by Senate when it used its powers to delay the Act for a year -- although it was passed again and signed into law.

The Privy Council backed a Court of Appeal decision upholding the legality of the Act, which reversed an earlier Supreme Court decision that Grape Bay had been denied Constitutional rights not to be deprived of property.

Lawyers for Grape Bay argued that letters of intent and leases were property -- which had been taken without compensation.

But Lord Hoffman said: "It is well settled that restrictions on the use of property imposed in the public interest by general regulatory laws do not constitute a deprivation of that property for which compensation should be paid.'' RESTAURANT EAT