Licensing (Jersey) Law, 1950. ______
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1 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 Jersey Law 13/1950 Licensing (Jersey) Law, 1950 “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 Jersey Law 13/1950 Licensing (Jersey) Law, 1950 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 Jersey Law 13/1950 Licensing (Jersey) Law, 1950 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 Jersey Law 13/1950 Licensing (Jersey) Law, 1950 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 Jersey Law 13/1950 Licensing (Jersey) Law, 1950 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.