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Jersey Law 13/1950
LICENSING (JERSEY) LAW, 1950. ______
A LAW to make provision for the control of the sale and consumption of intoxicating liquor, sanctioned by Order of His Majesty in Council of the
21st day of JULY, 1950.
(Registered on the 5th day of August, 1950). ______
STATES OF JERSEY. ______
The 11th day of April, 1950. ______
THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law : -
PART I
INTERPRETATION
ARTICLE 1
INTERPRETATION
(1) In this Law, unless the context otherwise requires –
“bar” means any open drinking bar ;
“cider” includes perry ;
“the court” means the Inferior Number of the Royal Court ; 2
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
“intoxicating liquor” means wine, beer, cider and any other liquor with an alcoholic content, intended for human consumption ;
“licence” means a licence granted under this Law ;
“licensed premises” means the premises in respect of which a licence is held ;
“the Licensing Assembly” means the Assembly of Governor, Bailiff and Jurats ;
“manager” means a manager appointed in pursuance of Article 29 of this Law ;
“meal” means breakfast, luncheon, tea, dinner, supper or any similar meal ;
“member of the public” means, as regards any licensed premises, any person other than the holder of the licence, persons employed by him in the conduct of his business on the premises and persons residing on the premises ;
“off licence” means a licence of the sixth or seventh category ;
“on-licence” means a licence of the first, second, third, fourth or fifth category ;
“the Parish Assembly” means Assembly of Principals and Officers of the parish ;
“the parish concerned” means, as regards any licence or application for a licence, the parish in which are situate the premises to which the licence or application relates ;
“permitted hours” means, as regards any licence, the hours specified in relation to the category of that licence in the First Schedule to this Law ; 3
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“public bar” means, as regards any licensed premises, any bar other than a bar used exclusively for the service of intoxicating liquor to persons residing on the premises and their guests ;
“registered premises” means premises registered in pursuance of the Tourism (Jersey) Law, 1948;1
“relative” means a grandparent, parent, brother, sister, son, daughter, grandson, grand-daughter, uncle, aunt, nephew or niece, whether by consanguinity or affinity, or in consequence of adoption ;
“sell” includes offer or agree to sell or expose for sale ;
“spirits” means intoxicating liquor other than wines, liqueurs, cordials, cider and beer ;
“the Tourism Committee” means the Committee appointed in pursuance of Article 1 of the Tourism (Jersey) Law, 1948.1
(2) For the purposes of this Law, a person who lodges in any building situate in the grounds attached to licensed premises shall be deemed to reside in the licensed premises.
(3) References in this Law to the Tourism (Jersey) Law, 1948,1 include references to that Law as amended by any other Law for the time being in force or to any Law repealing and re-enacting that Law with or without further amendment.
1 Tome 1946–1948, page 395. 4
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
PART II
CLASSIFICATION OF LICENCES
ARTICLE 2
CATEGORIES OF LICENCE
For the purposes of this Law, there shall be seven categories of licence, namely –
(a) first category, to be called “the Taverner’s Licence” ;
(b) second category, to be called “the Residential Licence” ;
(c) third category, to be called “the Restaurant Licence” ;
(d) fourth category, to be called “the Special Amenities Licence” ;
(e) fifth category, to be called “the Club Licence” ;
(f) sixth category, to be called “the Retail Licence” ; and
(g) seventh category, to be called “the Wholesale Licence”.
ARTICLE 3
THE TAVERNER’S LICENCE
Subject to the provisions of this Law, a licence of the first category shall authorise the sale by retail of intoxicating liquor, for consumption on the licensed premises, to –
(a) persons residing on the premises, at any time ; and
(b) any other persons, during the permitted hours. 5
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ARTICLE 4
THE RESIDENTIAL LICENCE
Subject to the provisions of this Law, a licence of the second category shall authorise the sale by retail of intoxicating liquor, for consumption on the licensed premises, to –
(a) persons residing on the premises, at any time ; and:
(b) any other persons taking a meal on the premises, during the permitted hours.
ARTICLE 5
THE RESTAURANT LICENCE
Subject to the provisions of this Law, a licence of the third category shall authorise the sale by retail, during the permitted hours, of intoxicating liquor for consumption on the licensed premises, to persons taking a meal on the premises.
ARTICLE 6
THE SPECIAL AMENITIES LICENCE
Subject to the provisions of this Law, a licence of the fourth category shall authorise the sale by retail of intoxicating liquor, for consumption on the licensed premises, during such hours and subject to such conditions as the Licensing Assembly may determine, and any such licence may, in particular –
(a) exempt the holder thereof from the restrictions imposed by sub-paragraph (e) of Article 19 of this Law ;
(b) modify the restriction on the admission of the public to the premises imposed by sub-paragraph (j) of the said Article. 6
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ARTICLE 7
THE CLUB LICENCE
Subject to the provisions of this Law, a licence of the fifth category shall authorise the sale by retail of intoxicating liquor, for consumption on the licensed premises, to members of the club in respect of which the licence is held –
(a) if resident on the premises, at any time ; and
(b) if not resident on the premises, during the permitted hours.
ARTICLE 8
THE RETAIL LICENCE
Subject to the provisions of this Law, a licence of the sixth category shall authorise the sale by retail to any person, during the permitted hours, of intoxicating liquor in closed vessels, for consumption off the licensed premises :
Provided that where licences of the sixth and seventh categories are held in respect of the same premises, no intoxicating liquor may be sold under the authority of the licence of the sixth category outside the hours during which such liquor may be sold under the authority of the licence of the seventh category.
ARTICLE 9
THE WHOLESALE LICENCE
Subject to the provisions of this Law, a licence of the seventh category shall authorise the sale by wholesale to any holder of a licence, during the permitted hours, of intoxicating liquor in closed vessels. 7
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PART III
GRANT AND RENEWAL OF LICENCES
ARTICLE 10
LICENCE FEES
(1) Subject to the provisions of this Article, the fee payable on the grant or renewal of a licence shall be –
(a) in the case of a licence of the sixth category, ten pounds sterling ; and
(b) in the case of a licence of any other category, twenty pounds sterling.
(2) Where licences of different categories are applicable to the same premises, a separate fee shall be payable in respect of each category of licence.
(3) Where a licence will expire within six months of its commencement, the fee for the licence shall be one half of that hereinbefore prescribed.
(4) Where an application for the grant of a licence is refused or withdrawn, the amount of the fee shall be refunded to the applicant.
ARTICLE 11
APPLICATION FOR LICENCES
(1) An application for the grant of a licence shall be made in the form set out in the Second Schedule to this Law and shall be delivered to the Treasurer of the States not later than the twenty-first day of the month preceding that in which the application will be considered by the Licensing Assembly and shall be accompanied by a remittance for 8
Jersey Law 13/1950 Licensing (Jersey) Law, 1950 the appropriate licence fee or fees, the tavernage dues (if any) and the fees of the Attorney General and the Judicial Greffier.
(2) An application for the grant of a licence of the fourth category shall be accompanied by six copies of a statement of the purposes for which the licence is required.
(3) Where application is made for the grant of a licence of the fifth category, there shall be delivered to the Judicial Greffier, prior to the making of the application, a list of the members, and a copy of the rules, of the club in respect of which the application is made.
(4) Upon receipt of an application for the grant of a licence and of the fees payable on the making thereof, the Treasurer of the States shall issue to the applicant a receipt in the form set out in the Third Schedule to this Law.
(5) During the last week of the month preceding that in which applications for the grant of licences will be considered by the Licensing Assembly, the Treasurer of the States –
(a) shall prepare a list, arranged by parishes in alphabetical order, setting out the name, address and nationality of each applicant, or, in the case of an application made by a limited liability company, the name of the company, the address of its registered office and the name of its secretary, or, in the case of an application for a licence of the fifth category, the name of the club in respect of which the application is made and the name of its secretary, and indicating the category or categories of licence for which application is made and the address of the premises to which the application relates and, in the case of an application made by an individual, the place or places at which he has resided during the three years immediately preceding the date of the application ; and
(b) shall transmit a copy of the list, together with a copy of each statement furnished in pursuance of paragraph (2) of this Article, to each of the following, namely, the Bailiff, 9
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the Attorney General, the Judicial Greffier and the Tourism Committee, and shall also transmit to each Constable a copy of that part of the list which relates to his parish, together with a copy of any such statement as aforesaid as relates to an application mentioned therein.
ARTICLE 12
REQUIREMENTS AS TO RESIDENCE
(1) No licence shall be granted to any individual who has not resided in the Island throughout the three years immediately preceding the date of the application for the licence, unless the Licensing Assembly is satisfied, by a report obtained from the Mayor or other responsible official of the place or places at which he has resided during that period, that he is a fit and proper person to have charge of licensed premises and, for this purpose, he shall furnish the Constable of the parish concerned with such information as the Constable may require in order to enable him to obtain the necessary report or reports in sufficient time for the same to be submitted to the Parish Assembly at which the application will be considered.
(2) No licence shall be granted to an individual, being an alien, unless he has resided in the British Commonwealth during the three years immediately preceding the date of the application for the licence.
ARTICLE 13
INSPECTION OF PREMISES
(1) Where application is made for the grant of a licence of the first, third or fourth category, the Constable of the parish concerned shall request a competent person to inspect the premises to which the application relates and to furnish him with a report in writing on the state and condition of the premises, particular mention being made of sanitary conveniences and precautions against fire and for the safety of persons in the case of fire, in sufficient time for the report to be submitted to the Parish Assembly at which the application will be considered : 10
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Provided that no such inspection and report shall be required where –
(a) the Bailiff has granted a permit for public entertainment on the premises ; or
(b) application is also made for a licence of the second category in respect of the premises.
(2) The expenses reasonably incurred by the Constable under this Article shall be reimbursed to him by the applicant.
ARTICLE 14
CONSIDERATION OF APPLICATIONS BY PARISH ASSEMBLY
(1) Every application for the grant of a licence of the first, second, third or fourth category shall, before being submitted to the Licensing Assembly, be considered by the Parish Assembly of the parish concerned, and the Parish Assembly shall recommend to the Licensing Assembly whether or not the application should be granted.
(2) The meeting of the Parish Assembly shall be held not later than the fourteenth day of the month in which the applications will be heard by the Licensing Assembly and the convening notice shall contain the particulars relating to the applications as stated in the list transmitted by the Treasurer of the States in pursuance of paragraph (5) of Article 11 of this Law.
(3) At the meeting of the Parish Assembly –
(a) any applicant may appear in person or be represented by an advocate ;
(b) any member of the Assembly may, without prejudice to his rights as a member, object by an advocate to the grant of a licence ; 11
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(c) any person registered for the parish as an elector in public elections, who is not a member of the Assembly, may object personally or by an advocate to the grant of a licence.
(4) The Constable shall submit to the Assembly any reports obtained by or furnished to him in pursuance of Article 12 or Article 13 of this Law.
(5) The Constable shall, not later than the eighteenth day of the month in which the applications will be heard by the Licensing Assembly –
(a) transmit to the Bailiff, the Attorney General and the Judicial Greffier, copies of the decisions of the Parish Assembly on the consideration of the applications ; and
(b) transmit to the Attorney General the reports referred to in paragraph (4) of this Article.
ARTICLE 15
GRANT OF LICENCES BY LICENSING ASSEMBLY
(1) Licences for the purposes of this Law shall be granted by the Licensing Assembly sitting in public.
(2) For the purpose of the grant of licences, the Licensing Assembly shall hold ordinary sessions within the seven days preceding the twenty-fifth day of March, the twenty-fourth day of June, the twenty- ninth day of September and the twenty-fifth day of December in each year.
(3) The Licensing Assembly may hold extraordinary sessions whenever it thinks fit to do so, and, in relation to applications for licences to be considered at such extraordinary sessions, the foregoing provisions of this Part of this Law shall have effect subject to such modifications as may be necessary to ensure that anything required to be done prior to the consideration of the applications is done in due order. 12
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(4) When applications for licences are considered by the Licensing Assembly –
(a) any applicant may appear in person or be represented by an advocate ;
(b) any person entitled to appear before the Parish Assembly who has addressed the Parish Assembly, either personally or by an advocate, in relation to an application, may address the Licensing Assembly, either personally or by an advocate, in relation to that application.
(5) The Attorney General shall submit to the Licensing Assembly the decisions of the Parish Assembly and the reports transmitted to him in pursuance of paragraph (5) of Article 14 of this Law.
(6) The Constable of the parish in which are situate the premises in relation to which application for the grant of a licence is made shall attend before the Licensing Assembly on the consideration of the application.
(7) The chief executive officer of the Tourism Committee, or his deputy, shall attend before the Licensing Assembly whenever applications for the grant of licences are being taken into consideration and shall furnish the Assembly with all such information as may be required in relation thereto.
(8) The Licensing Assembly, in deciding whether or not any application should be granted, shall have regard to the interests of the public in general and may grant a licence of a category different from that for which application is made.
(9) The Licensing Assembly, in deciding whether or not an application should be granted or whether a licence of a category different from that for which application is made should be granted, shall have regard to, but shall not be bound by, the recommendation of the Parish Assembly. 13
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(10) The Licensing Assembly may attach to any licence such conditions as, having regard to all the circumstances of the case, may seem desirable, including, but without prejudice to the generality of the foregoing, conditions restricting or prohibiting the sale of intoxicating liquor on Sundays, Christmas Day or Good Friday.
(11) Subject to the provisions of Article 18 of this Law, a licence shall, unless previously revoked or surrendered, remain in force until the twenty-fourth day of December next following the day on which it takes effect or until such earlier date as may be determined by the Licensing Assembly.
ARTICLE 16
MISCELLANEOUS PROVISIONS RELATING TO THE GRANT OF LICENCES
(1) A licence shall not be granted to more than one person and shall not authorise the sale or consumption of intoxicating liquor in more than one building, including, in the case of an on-licence, the grounds attached to the building.
(2) A person may be granted, in respect of the same premises, licences of the following categories –
(a) first and second ;
(b) first and fourth ;
(c) first and sixth ;
(d) first, second and fourth ;
(e) first, second and sixth ;
(f) second and fourth ;
(g) third and fourth ; 14
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
(h) sixth and seventh.
(3) Save in the case of off licences, a person may not be granted a licence or licences in respect of more than one set of premises.
(4) A licence of the second category shall not be granted in respect of any premises which are not registered premises, and a licence of the first category shall not be granted in respect of any registered premises unless a licence of the second category is granted or held in respect of those premises.
(5) A licence of the fourth category shall not be granted in respect of any premises –
(a) unless the Bailiff has granted a permit for public entertainment on the premises or has certified in writing that, in his opinion, no such permit is required for the purposes for which it is intended that the premises should be used ;
(b) except for purposes which, in the opinion of the Licensing Assembly, could not be authorised by the grant of one or more licences of the first, second and third categories.
(6) Before granting a licence of the fifth category, the Licensing Assembly shall examine the rules of the club in respect of which the application is made and shall satisfy itself –
(a) that the club is a bona-fide club ;
(b) that the club is not established solely for the purpose of supplying intoxicating liquor to its members ; and
(c) that the rules governing the election of members and honorary members of the club, and the rules governing the admission to the club of non-members, are adequate. 15
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ARTICLE 17
PROVISIONAL GRANT OF LICENCES
(1) Any person intending to apply for the grant of a licence in respect of any premises about to be constructed or adapted, or in the course of construction or adaptation, may apply for the provisional grant of a licence of any category (other than the second category) in respect of those premises.
(2) Any such application shall be accompanied by plans of the premises and evidence that such consents for the construction or adaptation of the premises as may be required under any enactment have been obtained.
(3) An application for the grant of a provisional licence shall be subject to the same procedure as that to which an application for the grant of a licence is subject under this Law, save that no fee shall be payable on the making of the application.
(4) When the work of construction or adaptation has been completed, the holder of the provisional licence shall inform the Attorney General to that effect and shall transmit to him a certificate of an architect, stating that the premises have been completed in accordance with such plans as aforesaid, and the receipt of the Treasurer of the States for the appropriate licence fee or fees, and the Attorney General shall present the said certificate and receipt to the Licensing Assembly at its next session.
(5) For the purpose of assessing the amount of such fee as aforesaid, the licence shall be deemed to commence on the date of the session of the Licensing Assembly.
(6) The Licensing Assembly, if satisfied that the premises have been constructed or adapted in accordance with such plans as aforesaid and that no objection can be taken to the character of the holder of the provisional licence, shall confirm the licence which shall remain valid until the twenty-fourth day of December next following. 16
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ARTICLE 18
RENEWAL OF LICENCES
(1) Subject to the provisions of this Article and of paragraph (4) of Article 29 of this Law, any licence which expires on the twenty-fourth day of December in any year may be renewed for a further period of one year, on application made to the Treasurer of the States, between the first and fourteenth days of November, both dates inclusive, in that year, in the form set out in the Fourth Schedule to this Law, on payment to him of the appropriate licence fee or fees and the tavernage dues (if any) and on production to him of a copy of the Act of the Licensing Assembly whereby the licence was granted, and the Treasurer of the States shall, in such a case, endorse the renewal of the licence on the Act of the Assembly and issue to the applicant a receipt in the form set out in the Fifth Schedule to this Law.
(2) Where application is made for the renewal of a licence of the fifth category, there shall be delivered to the Judicial Greffier, prior to the making of the application, a list of the members, and a copy of the rules, of the club to which the licence relates.
(3) The Treasurer of the States shall refuse an application for the renewal of a licence under this Article in any case where he has received from the Attorney General notification of an intention to submit some matter relating to the licence for the consideration of the Licensing Assembly.
(4) Where an application for the renewal of a licence has been refused, the holder of the licence may apply for the grant of a new licence in accordance with the provisions of this Law.
(5) During the first week of the month of December in each year, the Treasurer of the States –
(a) shall prepare a list, arranged by parishes in alphabetical order, setting out the name, address and nationality of each person whose licence has been renewed under this Article, or, in the case of a licence held by a limited liability 17
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company, the name of the company, the address of its registered office and the name of its secretary, or, in the case of a licence of the fifth category, the name of the club to which the licence relates and the name of its secretary, and indicating the category or categories of licence renewed and the address of the premises to which the licence relates ; and
(b) shall transmit a copy thereof to each of the following, namely, the Bailiff, the Attorney General, the Judicial Greffier and the Tourism Committee, and shall also transmit to each Constable a copy of that part of the list which relates to his parish.
PART IV
GENERAL PROVISIONS AS TO SALE AND CONSUMPTION OF INTOXICATING LIQUOR AND CONDUCT OF LICENSED PREMISES
ARTICLE 19
GENERAL CONDITIONS OF ON-LICENCES
For the purposes of this Law, an on-licence shall be deemed to be granted subject to the following conditions, namely –
(a) that every public bar on the licensed premises shall be closed outside the permitted hours ;
(b) that no person under the age of eighteen years shall be allowed to remain, during the permitted hours, in any room in which there is a public bar ;
(c) that no meal shall be served in any room in which there is a bar ; 18
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(d) that no male person under the age of eighteen years and no female person under the age of twenty-one years shall be employed in work at any bar on the licensed premises :
Provided that a female relative of the holder of the licence may be employed in such work if over the age of eighteen years ;
(e) that, save by permission of the Bailiff, no dancing or cabaret shall be permitted or provided on the licensed premises except by or for persons residing therein and their guests ;
(f) that no gaming or other unlawful game shall be permitted on the licensed premises ;
(g) that no debauchery or drunkenness shall be permitted on the licensed premises ;
(h) that intoxicating liquor shall not be supplied to any of the following persons, namely –
(i) persons under the influence of alcohol ;
(ii) members of the paid police force in uniform ;
(iii) persons under the age of eighteen years :
Provided that wines, cider and beer may be served with a meal to persons under the age of eighteen years if accompanied by a person over that age ;
(j) subject to the provisions of Articles 6 and 44 of this Law, that no member of the public shall be permitted to enter or remain on the licensed premises before six o'clock in the morning, or after the latest hour of the permitted hours, on any day, or, where the only licence held in respect of the premises is a licence of the third category, between the hours during which under any enactment for the time being 19
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in force the premises would be required to be closed to the public if such a licence were not held :
Provided that a guest of a person residing on the premises (not being premises in respect of which the only licence held is a licence of the third category) may remain on the premises until midnight.
ARTICLE 20
GENERAL CONDITIONS OF OFF LICENCES
For the purposes of this Law, an off licence shall be deemed to be granted subject to the following conditions namely –
(a) that intoxicating liquor shall not be supplied to any of the following persons, namely –
(i) persons under the influence of alcohol ;
(ii) members of the paid police force in uniform ;
(iii) persons under the age of sixteen years ;
(b) that no member of the public, other than a guest of the holder of the licence, shall be permitted to enter or remain on the licensed premises outside the permitted hours.
ARTICLE 21
RESTRICTION ON CONSUMPTION OF INTOXICATING LIQUOR ON LICENSED PREMISES
(1) No person shall consume any intoxicating liquor on any licensed premises in respect of which an on-licence is held outside the hours during which such liquor may under the provisions of this Law be sold to him on those premises : 20
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Provided that nothing in this paragraph shall prohibit the consumption of intoxicating liquor –
(a) between the hours of six o’clock in the morning and midnight, on premises in respect of which a licence of the first or second category is held by guests of persons residing on the premises ;
(b) during the permitted hours, on the premises of a club in respect of which a licence of the fifth category is held by guests of members of the club.
(2) No person shall consume on any premises in respect of which an off licence is held any intoxicating liquor sold to him by the holder of the licence.
(3) If any person acts in contravention of the provisions of this Article, he and the holder of the licence shall each be liable to a fine not exceeding twenty-five pounds sterling :
Provided that it shall be a good defence to any proceedings against the holder of a licence in respect of an offence against this Article to prove that he took all reasonable precautions to prevent the commission of the offence.
ARTICLE 22
RESTRICTIONS ON TRANSACTION OF BUSINESS ON LICENSED PREMISES
(1) The holder of a licence of the first or second category shall not, on the licensed premises or on any annexe thereto –
(a) sell any goods other than food, drink, chocolate and chocolate confectionery, matches and tobacco ;
(b) sell to any person, on any one occasion, more than twenty- five cigarettes or two ounces of tobacco ; 21
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(c) have in his possession for sale packets containing more than twenty-five cigarettes or two ounces of tobacco.
(2) The holder of a licence of the first or second category shall not permit any person to sell any goods by retail, or to provide for a consideration any services, on the licensed premises or on any annexe thereto :
Provided that nothing in this paragraph shall prohibit the sale by a person, other than a relative or a member of the staff of the holder of the licence, of newspapers, periodicals, photographs of the premises or of persons residing therein and their guests, or tickets for tours or of admission to places of entertainment, or, subject to the provisions of the “Loi (1937) sur les Colporteurs et Marchands non-résidents”,2 the exhibition of goods or samples not for sale on the premises.
(3) If the holder of a licence acts in contravention of the provisions of this Article, he shall be guilty of an offence.
ARTICLE 23
STRENGTH OF SPIRITS
(1) No person shall sell any spirits for consumption as a beverage, if the strength thereof is less than seventy degrees as ascertained by means of the hydrometer used for the purposes of the enactments for the time being in force in the Island in relation to the administration of impôts on wines and spirits.
(2) Any officer of the Impôts may enter upon any licensed premises at any time and take such steps as may be necessary for ensuring that the provisions of this Article are duly observed.
(3) If any person acts in contravention of the provisions of this Article, or obstructs or impedes an officer of the Impôts in the due exercise of his powers thereunder, he shall be guilty of an offence.
2 Tome 1937–1938, page 45. 22
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ARTICLE 24
SPIRITS SOLD FOR CONSUMPTION ON LICENSED PREMISES TO BE SOLD BY THE FLUID OUNCE
All spirits sold for consumption on licensed premises shall, except where sold in closed vessels, be sold in quantities of one fluid ounce or a multiple of one fluid ounce, and, if the holder of a licence, either by himself or by any servant or agent, acts in contravention of the provisions of this Article, he shall be guilty of an offence.
ARTICLE 25
POSTING OF LICENCES AND OTHER PARTICULARS
The holder of a licence, other than a licence of the fifth category, shall –
(a) cause to be painted or fixed, and keep painted or fixed, in some conspicuous place and so as to be easily legible, on or immediately over and on the outer side of the main entrance of the licensed premises, his name in full and the category and description of the licence ;
(b) keep displayed, in some conspicuous place in the interior of the licensed premises near to the main entrance thereof, a copy of the Act of the Licensing Assembly whereby the licence was granted ;
(c) in the case of an on-licence, keep exhibited, in some conspicuous place and so as to be easily legible, in every room or other place in the licensed premises in which intoxicating liquor is ordinarily served, a notice specifying the charges made for the various descriptions of liquor sold according to the measures by which they are sold ; and, if he fails to do so, he shall, in respect of each offence, be liable to a fine not exceeding twenty-five pounds sterling and to a further fine not 23
Jersey Law 13/1950 Licensing (Jersey) Law, 1950 exceeding one pound sterling for each day during which the offence continues.
ARTICLE 26
COPY OF LAW TO BE KEPT ON LICENSED PREMISES
(1) The holder of a licence shall keep a copy of this Law, and of all amendments thereto, on the licensed premises and shall produce the same to any person requiring him to do so.
(2) If the holder of a licence fails to comply with the provisions of this Article, he shall be liable to a fine not exceeding five pounds sterling.
ARTICLE 27
CLOSING OF LICENSED PREMISES
(1) For the avoidance of doubt, it is hereby declared that the holder of a licence may close the licensed premises at any time and for any period.
(2) Notwithstanding the provisions of paragraph (1) of this Article, where the holder of a licence closes the licensed premises for a period of more than one day, he shall give notice of the closure to the Constable of the parish concerned, and, if he fails to do so, he shall be liable to a fine not exceeding twenty-five pounds sterling.
ARTICLE 28
RIGHT TO EXCLUDE PERSONS FROM LICENSED PREMISES
(1) The holder of a licence may refuse to admit to, and may expel from, the licensed premises any person who is drunken, violent, quarrelsome or disorderly, or any person whose presence on the premises would subject the holder of the licence to a penalty under this Law. 24
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(2) If any person, upon being requested in pursuance of this Article by the holder of a licence, or his servant or agent, or any member of the police force, to quit the licensed premises, refuses or fails to do so, he shall be liable to a fine not exceeding ten pounds sterling.
ARTICLE 29
COMPANIES, DECEASED LICENCE HOLDERS AND LICENCE HOLDERS UNDER DISABILITY
(1) Where a licence is held by a limited liability company, or where the holder of a licence dies or appoints an attorney without whom he may not transact in matters real or personal, or where a curator of the person or the property of the holder of a licence is appointed, the licence shall be of no effect unless –
(a) the business in respect of which the licence is held is under the charge of a manager ;
(b) notice of the appointment of the manager has been given to the Constable of the parish concerned ; and
(c) the manager has, within ten days of the appointment, been registered as such by the court :
Provided that the court may, at its discretion, extend the said period of ten days.
(2) The court shall not register any person as a manager in pursuance of paragraph (1) of this Article unless it is satisfied that that person is a fit and proper person to have charge of the licensed premises.
(3) The provisions of Article 12 of this Law shall apply to applications for the registration of managers in pursuance of this Article, but as if references therein to the Licensing Assembly and the Parish Assembly were references to the court.
(4) Where the holder of a licence dies or appoints an attorney without whom he may not transact in matters real or personal or 25
Jersey Law 13/1950 Licensing (Jersey) Law, 1950 where a curator of the person or the property of the holder of a licence is appointed, the licence shall not be renewable in accordance with the provisions of Article 18 of this Law.
ARTICLE 30
ABSENCE FROM THE ISLAND OF ON-LICENCE HOLDER OR MANAGER
(1) The holder of an on-licence or the manager of a business in respect of which an on-licence is held shall not absent himself from the Island unless he has notified the Constable of the parish concerned of the name of the person who will deputise for him during his absence or, where the period of absence exceeds twenty-one days, unless he has obtained the permission of the court and the court has approved the person who will deputise for him during his absence.
(2) If the holder of an on-licence or a manager acts in contravention of the provisions of this Article, he shall be guilty of an offence.
ARTICLE 31
DUTIES AND LIABILITIES OF MANAGERS AND DEPUTIES
A manager, and a person deputising for the holder of an on- licence or a manager in pursuance of Article 30 of this Law, shall have the same powers as are conferred, and be subject to the same duties, disabilities, prohibitions and penalties as are imposed, upon the holder of a licence by this Law. 26
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
PART V
ENFORCEMENT
ARTICLE 32
DUTIES OF CONSTABLES
(1) It shall be the duty of the Constable of every parish to take such steps as may be necessary to ensure that the provisions of this Law are duly observed in relation to licensed premises situate within the parish.
(2) It shall be the duty of the Constable of every parish to keep a register in which shall be entered particulars of every conviction relating to licensed premises situate within the parish (including any offence against the provisions of any law for the time being in force relating to the adulteration of food or drink) and to produce such register to the Licensing Assembly at its ordinary session in the month of December in each year and at such other times as the Assembly may require.
ARTICLE 33
POWER TO ENTER PREMISES FOR PURPOSE OF ENFORCING LAW
It shall be lawful for the Constable or a Centenier of any parish to enter any house, building or other place within the parish in which he has reason to believe that an offence against this Law is being or has been committed. 27
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
PART VI
OFFENCES
ARTICLE 34
PENALTY FOR SELLING INTOXICATING LIQUOR WITHOUT LICENCE
(1) Subject to the provisions of this Law, any person who, not being the holder of a licence, sells any intoxicating liquor shall be liable –
(a) in the case of a first offence, to a fine not exceeding one hundred pounds sterling or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment ; and
(b) in the case of a second or subsequent offence, to a fine not exceeding five hundred pounds sterling or to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment.
(2) On the conviction of any person for an offence under this Article, the Court may declare all intoxicating liquor found in the possession of the person convicted, and the vessels containing the liquor, to be forfeited.
ARTICLE 35
PENALTY FOR NON-COMPLIANCE WITH TERMS OF LICENCE
If any holder of a licence, either by himself or by any servant or agent, acts in contravention of or fails to comply with any condition or restriction on or subject to which the licence was granted, or sells intoxicating liquor otherwise than as he is authorised by the licence, he shall be guilty of an offence. 28
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
ARTICLE 36
PENALTY FOR PURCHASE OF INTOXICATING LIQUOR OUTSIDE HOURS
If any person purchases, on any licensed premises, any intoxicating liquor outside the hours during which such liquor may under the provisions of this Law be sold to him on those premises, he shall be liable –
(a) in the case of a first offence, to a fine not exceeding twenty-five pounds sterling; and
(b) in the case of a second or subsequent offence, to a fine not exceeding one hundred pounds sterling or to imprisonment for a term not exceeding three months.
ARTICLE 37
PENALTY FOR REMOVAL OF INTOXICATING LIQUOR SOLD FOR CONSUMPTION ON LICENSED PREMISES
If any person takes from any licensed premises intoxicating liquor sold for consumption on the premises, he shall be liable to a fine not exceeding twenty-five pounds sterling.
ARTICLE 38
PENALTY FOR DRUNKENNESS ON LICENSED PREMISES
If any person is found drunk and disorderly on any licensed premises, he shall be liable –
(a) in the case of a first offence, to a fine not exceeding ten pounds sterling; and
(b) in the case of a second or subsequent offence, to a fine not exceeding twenty-five pounds sterling or to imprisonment for a term not exceeding one month. 29
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
ARTICLE 39
PENALTY FOR FALSE REPRESENTATION OR STATEMENT
If any person, for any of the purposes of this Law, knowingly makes any statement or gives any information which is false in a material particular, or produces any declaration or certificate knowing the same to be false in a material particular, he shall be liable to a fine not exceeding two hundred pounds sterling or to imprisonment for a term not exceeding one year, or to both such fine and such imprisonment.
ARTICLE 40
GENERAL PENALTY
Any person guilty of an offence against this Law for which no special penalty is provided shall be liable –
(a) in the case of a first offence, to a fine not exceeding one hundred pounds sterling; and
(b) in the case of a second or subsequent offence, to a fine not exceeding two hundred pounds sterling or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.
ARTICLE 41
OFFENCES BY SERVANTS AND AGENTS
Where an offence for which the holder of a licence is liable under this Law has, in fact, been committed by his servant or agent, the servant or agent, as well as the holder of the licence, shall be deemed to be guilty of that offence and shall be liable to be prosecuted and punished accordingly. 30
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
ARTICLE 42
FALSE STATEMENTS MADE TO LICENCE HOLDERS
(1) Where proceedings for an offence against this Law are taken against the holder of a licence, he shall not be liable to conviction if he proves that the offence was committed as a result of a false statement having been made to him, or his servant or agent, by some other person, and that there was no good reason to suspect that the statement was false.
(2) If any person, by making a false statement, renders the holder of a licence liable to proceedings for an offence against this Law, he shall, whether or not the holder of the licence is convicted of the offence, be liable to a fine not exceeding twenty-five pounds sterling.
ARTICLE 43
DISQUALIFICATION FOR HOLDING LICENCE
Where the holder of a licence is convicted of an offence against Article 23, 34, 35 or 39 of this Law, or is sentenced to a term of imprisonment for an offence against any other provision of this Law, or is convicted of an offence against Article 9 of the “Loi appliquant à cette Ile certaines provisions du ‘Criminal Law Amendment Act, 1885’ (48 and 49 Vic. c. 69)”, confirmed by Order of Her Majesty in Council of the twenty-ninth day of June, 1885,3 the court before which he is convicted may order that he be disqualified for holding or obtaining a licence for such period as the court may determine.
3 Tome IV, page 309. 31
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
PART VII
MISCELLANEOUS
ARTICLE 44
SPECIAL PERMITS
(1) The Bailiff may, if in his discretion he thinks fit –
(a) grant to the holder of an on-licence a special permit authorising him, on any special occasion, to sell intoxicating liquor by retail for consumption on the licensed premises and to keep the premises open to the public during the hours (being hours outside the hours authorised by the licence) specified in the permit;
(b) grant to the holder of an on-licence a special permit authorising him, on the occasion of any race meeting, public fête, sporting event, agricultural, horticultural or commercial exhibition, or social meeting, to sell intoxicating liquor by retail during the hours and at the place specified in the permit for consumption during those hours and at that place.
(2) Any special permit granted under this Article may be granted subject to such conditions and restrictions as the Bailiff may think fit to impose.
(3) The person to whom a special permit has been granted under this Article shall, before availing himself of such permit, produce the same to the Constable of the parish in which the permit is to be used and, if he fails to do so, he shall be guilty of an offence.
(4) If the person to whom a special permit has been granted under this Article acts in contravention of or fails to comply with any condition or restriction subject to which the permit was granted, he shall be guilty of an offence. 32
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
ARTICLE 45
EXEMPTIONS
Nothing in this Law shall apply to –
(a) the sale by a person, for consumption off his premises and in quantities of not less than one half-gallon, of cider manufactured from apples grown by him or manufactured by him from apples grown in the Island ;
(b) the sale of medicines containing alcohol, by medical practitioners, pharmaceutical chemists or chemists and druggists ;
(c) the sale by auction of intoxicating liquor, by an auctioneer established in the Island, so long as the liquor is not the property of the auctioneer and has not been imported into the Island for the purpose of being sold by auction ;
(d) the sale of intoxicating liquor to the holder of a licence of the seventh category, by a person who had no place of business within the Island, or by the agent of such a person.
ARTICLE 46
SEIGNORIAL RIGHTS
(1) Subject as hereinafter provided, the provisions of this Law shall apply, with all the necessary modifications, to taverners in the Parish of St. Ouen and the Fief de la Motte, nominated by the Seigneur of St. Ouen or of La Motte, as the case may be, as if such taverners were holders of licences of the first category.
(2) Where a licence of any category, other than the first category, is required in respect of any premises situate in the said parish or on the said fief, or where a licence of the first category is required in respect of any such premises on which the rights of tavernage have been 33
Jersey Law 13/1950 Licensing (Jersey) Law, 1950 commuted, application for the grant of the licence so required shall be made to the Licensing Assembly and the provisions of this Law shall apply accordingly.
(3) The nomination of taverners as aforesaid shall not be for a period longer than that for which licences under this Law may be granted and, where application for the grant of a licence of any category, other than the first category, has been made in respect of any premises for which a taverner has been so nominated, the nomination shall be of no effect until such time as the Licensing Assembly has decided upon the application.
(4) Where a taverner is nominated as aforesaid he shall, at the time at which he would otherwise have had to apply for a licence, produce to the Treasurer of the States a certificate, signed by the Seigneur, showing that he has been so nominated and he shall pay to the Treasurer of the States the appropriate licence fee, and the Treasurer shall include in the list prepared by him in pursuance of paragraph (4) of Article 11 of this Law the same particulars in relation to taverners so nominated and their premises as he is required thereby to include in the said list in relation to applicants for licences and their premises.
ARTICLE 47
POWER OF STATES TO AMEND LAW
The powers conferred upon the States by the Order in Council of the sixth day of March, 1833,4 to amend legislation relating to the conduct of taverners, the sale of wines and liquors and the grant of licences are hereby confirmed and, accordingly, the States may make such amendments to this Law as may from time to time be deemed expedient.
4 Tome I, page 190. 34
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
ARTICLE 48
REPEAL
The enactments specified in the Sixth Schedule to this Law are hereby repealed.
ARTICLE 49
SHORT TITLE AND COMMENCEMENT
(1) This Law may be cited as the Licensing (Jersey) Law, 1950.
(2) This Law shall come into force on such day or days as the States may by Act appoint and different days may be appointed for different purposes and different provisions of this Law.
35
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
FIRST SCHEDULE
(Articles 1, 3, 4, 5, 7, 8 and 9)
PERMITTED HOURS
Winter Season. Summer Season. Category of Licence. Sundays, Good Friday and Christmas Day Weekdays Sundays Weekdays First (Taverner’s) ...... Noon to 1 p.m. and 9 a.m. to 10 p.m. Noon to 1 p.m. and 9 a.m. to 11 p.m. 4.30 p.m. to 10 p.m. 4.30 p.m. to 10 p.m. Second (Residential) Noon to 2.30 p.m. and Noon to 3 p.m. and 6 Noon to 2.30 p.m. and Noon to 3 p.m. and 6 4.30 p.m. to 10 p.m. p.m. to 10 p.m. 4.30 p.m. to 10 p.m. p.m. to 11 p.m. Third (Restaurant) Noon to 2.30 p.m. and Noon to 3 p.m. and 6 Noon to 2.30 p.m. and Noon to 3 p.m. and 6 4.30 p.m. to 10 p.m. p.m. to 10 p.m. 4.30 p.m. to 10 p.m. p.m. to 11 p.m. Fifth (Club) ...... 11 a.m. to midnight 11 a.m. to midnight 11 a.m. to midnight 11 a.m. to midnight Sixth (Retail) ...... — 8 a.m. to 9 p.m. — 8 a.m. to 9 p.m. Seventh (Wholesale). — 8 a.m. to 6 p.m. — 8 a.m. to 8 p.m. 36
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
In this Schedule – “Summer Season” means the period from the first day of April or the Saturday preceding Easter Day, whichever is the earlier, to the thirty-first day of October ; “Weekdays” means any days other than Sundays, Good Friday and Christmas Day ; “Winter Season” means the period from the first day of November to the thirty-first day of March or Good Friday, whichever is the earlier.
37
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
SECOND SCHEDULE
(Article 11)
FORM OF APPLICATION FOR GRANT OF LICENCE
1. Full name of applicant......
Private address ......
Nationality......
Place/s of residence during the three years preceding date of application......
or, if the application is made by a limited liability company
Name of company......
Address of registered office......
When registered......
Full name of secretary......
or, if the application is for a licence of the fifth category
Name of club......
When constituted ......
Full name of secretary......
2. Address of premises in respect of which the application is made ......
3. State whether or not the premises are registered under the Tourism (Jersey) Law, 1948......
If so, State 38
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
in which register they are registered......
registration certificate number......
4. State whether the Bailiff has granted a permit for public entertainment on the premises......
I hereby apply for a licence/s of the...... category /ies for the sale of intoxicating liquor on the premises mentioned in paragraph 2, and I declare that the foregoing particulars are correct.
Date...... Signature......
This form must be signed by the applicant, or in the case of a limited liability company or a club, by its secretary.
39
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
THIRD SCHEDULE
(Article 11)
FORM OF RECEIPT FOR FEES PAYABLE ON APPLICATION FOR GRANT OF LICENCE
No...... Date......
Received from......
Fees for the grant of the following licence /s – First category (Taverner’s) Second category (Residential) Third category (Restaurant) (Delete as required) Fourth category (Special Amenities) Fifth category (Club) Sixth category (Retail) Seventh category (Wholesale)
Tavernage dues
Court fees payable in respect of application
......
Treasurer of the States. 40
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
Address of premises in respect of which application is made ......
41
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
FOURTH SCHEDULE
(Article 18)
FORM OF APPLICATION FOR RENEWAL OF LICENCE
1. Full name of applicant......
Private address ......
Nationality......
or, if the application is made by a limited liability company
Name of company......
Address of registered office ......
Full name of secretary......
or, if the application is for a licence of the fifth category
Name of club......
Full name of secretary ......
2. Particulars as to licences held –
Category Date of grant
......
......
......
3. Address of licensed premises ......
...... 42
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
4. State whether application for registration of the premises under the Tourism (Jersey) Law, 1948, for the ensuing year has been made.....
If so, state in which register......
I hereby declare that I am the holder of the licence /s mentioned in paragraph 2 in respect of the premises mentioned in paragraph 3 and that the said licence /s is /are valid until the 24th December next, and I hereby apply for the renewal of the said licence /s upon the same terms and conditions as were attached thereto upon the grant thereof.
Date ...... Signature......
This form must be signed by the applicant or, in the case of a limited liability company or a club, by its secretary. 43
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
FIFTH SCHEDULE
(Article 18)
FORM OF RECEIPT FOR FEES PAYABLE ON RENEWAL OF LICENCE
No...... Date......
Received from......
Fees for the renewal of the following licence /s to the 24th December, 19 – First category (Taverner’s) Second category (Residential) Third category (Restaurant) (Delete as required) Fourth category (Special Amenities) Fifth category (Club) Sixth category (Retail) Seventh category (Wholesale)
Tavernage dues
...... Treasurer of the States. 44
Jersey Law 13/1950 Licensing (Jersey) Law, 1950
Address of licensed premises ......
......
......
SIXTH SCHEDULE
(Article 48)
ENACTMENTS REPEALED
1. “Loi touchant la vente et la consommation de liqueurs spiritueuses”, passed by the States on the 2nd day of August, 1932, and confirmed by Order of His Majesty in Council of the 8th day of August, 1932.5
2. “Amendement à la Loi (1932) sur la vente et la consommation de liqueurs spiritueuses dans cette Ile (Article 10)”, passed by the States on the 5th day of April, 1934.6
3. “Amendement à la Loi (1932) sur la vente et la consommation de liqueurs spiritueuses dans cette Ile (Article 48)”, passed by the States on the 14th day of November, 1935.7
4. “Amendements à la Loi (1932) sur la vente et la consommation de liqueurs spiritueses dans cette Ile”, passed by the States on the 8th day of July, 1937.8
5. “Amendements à la Loi (1932) sur la vente et la consommation de liqueurs spiritueuses dans cette Ile (Articles 6 et 7)”, passed by the States on the 5th day of April, 1938.9
5 Tome 1929–1932, page 547. 6 Tome 1933–1936, page 93. 7 Tome 1933–1936, page 445. 8 Tome 1937–1938, page 115. 9 Tome 1937–1938, page 401. 45
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6. “Amendements à la Loi (1932) sur la vente et la consommation de liqueurs spiritueuses dans cette Ile (Articles 17 et 27)”, passed by the States on the 8th day of December, 1939.10
7. “Amendements à la Loi (1932) sur la vente et la consommation de liqueurs spiritueuses dans cette Ile”, passed by the States on the 29th day of November, 1945.11
8. “Règlement modifiant la Loi (1932) sur la vente et la consommation de liqueurs spiritueuses dans cette Ile”, passed by the States on the 18th day of November, 1946.12
9. “Règlement modifiant la Loi (1932) sur la vente et la consommation de liqueurs spiritueuses dans cette Ile”, passed by the States on the 4th day of February, 1947.13
10. “Règlement pour rectifier le Règlement du 4 Février, 1947, modifiant la Loi (1932) sur la vente et la consommation de liqueurs spiritueuses dans cette Ile”, passed by the States on the 27th day of March, 1947.14
11. “Loi (1947) (Amendement) sur la vente et la consommation de liqueurs spiritueuses dans cette Ile”.15
12. “Règlement modifiant la Loi (1932) sur la vente et la consommation de liqueurs spiritueuses dans cette Ile”, passed by the States on the 24th day of February, 1948.16
To be printed, published and posted.
R.F. RENAULT,
Deputy Greffier of the States.
10 Tome 1939–1945, page 183. 11 Tome 1939–1945, page 495. 12 Tome 1946–1948, page 103. 13 Tome 1946–1948, page 141. 14 Tome 1946–1948, page 145. 15 Tome 1946–1948, page 147. 16 Tome 1946–1948, page 391.