Places of
Refreshment (Jersey) Law 1967[1]
A LAW to provide for the registration
of places of refreshment and of persons carrying on and managing such places,
for the proper conduct and control of such places, and for matters in connection
therewith
Commencement
[see
endnotes]
1 Interpretation[2]
In this Law, unless the
context otherwise requires –
“applicant”
means the person named as proprietor in an application for the registration, or
for the renewal of the registration, of a place of refreshment;
“contravene”
includes failure to comply, and “contravention” shall be construed accordingly;
“Minister”
means the Minister for Sustainable Economic Development;
“officer” in
relation to a body corporate, means any director, manager, secretary or other
similar officer of the body corporate, and any person purporting to act in any
such capacity;
“permitted
hours” means the hours during which any registered premises may, in
accordance with Article 13, be open for the serving of customers;
“place of
refreshment” means any restaurant, café, snack-bar, tea shop,
canteen or any other place at which meals or refreshments are sold;
“prescribed”
means prescribed by Order made by the Minister under this Law;
“proprietor”
means the person having the ownership of the business of a place of refreshment
and, in relation to a particular place of refreshment, means the proprietor of
that place of refreshment;
“registered premises”
means a place of refreshment for the time being registered under this Law.
2 Duty
to register
Except as provided by Article 3,
no person shall carry on a place of refreshment otherwise than on registered
premises.
3 Exemptions
The provisions of Article 2
shall not apply to any place of refreshment –
(a) in
respect of which there is for the time being in force a licence within the
meaning of the Licensing
(Jersey) Law 1974;
(b) not
being a place of refreshment such as is mentioned in sub-paragraph (a),
forming part of premises for the time being registered, or exempted from
registration, under the Tourism (Jersey)
Law 1948, and in which meals or refreshments are sold only to
persons resident on those premises or on premises lawfully used in connection
therewith;
(c) forming
part of the premises of any school, and in which meals or refreshments are sold
only to pupils at, and to members of the staff of, the school;
(d) provided
in connection with any factory or other work place,
and in which meals or refreshments are sold only to persons in the employment
of the occupier of the factory or other work place;
(e) where
the only refreshments sold consist of ice-cream and non-alcoholic drinks,
and to such other places
of refreshment as the Minister, in his or her absolute discretion, may exempt
from those provisions either wholly or in respect of some particular
event.
4 Applications
for registration etc.
(1) An
application for registration or for renewal of registration shall be made in
such form, shall contain such particulars, shall be accompanied by such
documents, and shall be made in such manner, as the Minister may require, and
each such application shall be accompanied by the prescribed fee.[3]
(2) Applications
under paragraph (1) shall be delivered to the Minister in accordance with
the following provisions of this paragraph –
(a) in
the case of an application for the registration of a place of refreshment, not
later than the 30th day next before the day on which it is proposed to open the
place of refreshment;
(b) in
the case of an application for the renewal of the registration of a place of
refreshment, not later than the 30th day next before the day on which the
existing registration will expire under the provisions of Article 6(4).
(3) The
Minister may require an applicant to furnish such additional information in connection
with the application as the Minister may think necessary for the purposes of
this Law and, without prejudice to the generality of the foregoing provisions
of this paragraph, such additional information may include information as to
the persons having any financial interest in the place of refreshment to which
the application relates, and as to the nature and extent of such financial
interest.
5 Inspection
of premises
Where application is duly
made under Article 4, the Minister, in the case of an application for
registration shall, and in the case of an application for the renewal of
registration may, cause the premises to which the application relates to be
inspected by competent persons who shall be required to report to the Minister
in writing on the state and condition of the premises with particular regard to
the provision of toilet, including personal washing, facilities, to the
precautions against fire, and to the provision made for the safety of persons
in case of fire.
6 Provisions
as to registration
(1) Where,
on an application duly made under Article 4, the Minister registers or, as
the case may be, renews the registration of a place of refreshment, such
registration, so long as it remains in force, shall operate as the registration
of the premises of the place of refreshment and of the proprietor and manager
of the registered premises named in the registration certificate issued, under Article 7,
in respect of the registered premises.
(2) The
Minister may attach such conditions as he or she thinks fit to the registration
or renewal of registration of a place of refreshment.
(3) Subject
to the provisions of paragraph (6), registration under this Law shall
expire forthwith on the person named as proprietor in the registration
certificate issued as aforesaid ceasing to be the proprietor of the registered
premises.
(4) Except
as provided by paragraph (3) and paragraph (7)(a), every
registration, unless previously cancelled under the provisions of Article 9,
shall expire on the last day of April next following the day on which the
registration comes into effect, but shall be renewable annually in manner
provided by or under this Law.
(5) Registration
shall not be renewed with effect from a day other than that next following the
day on which the existing registration expires under paragraph (4) nor
otherwise than in respect of the proprietor named in the registration
certificate issued as aforesaid in respect of the existing registration.
(6) Where
the proprietor of any registered premises –
(a) dies;
(b) becomes
incapable by reason of mental or physical disease or disability;
(c) becomes
bankrupt;
(d) being
a body corporate, is in liquidation;
(e) appoints
an attorney without whom the proprietor may not act in matters real or personal;
(f) has
a delegate appointed under Part 4 of the Capacity
and Self-Determination (Jersey) Law 2016 with authority to act for him or her in relation to such matters;
or
(g) becomes
subject to some, or some other, legal disability other than –
(i) the
cancellation of registration under Article 9; or
(ii) the
proprietor’s conviction of any offence, whether under this Law or under
any other enactment, in connection with the registered premises,
and, by reason of that
event, the property in, or control of, the registered premises is transferred
to the proprietor’s legal personal representative or, in the case of a
body corporate in liquidation to the person (hereinafter referred to as the “liquidator”)
responsible for carrying out the liquidation of the affairs of the body
corporate, the legal personal representative or the liquidator, as the case may
require, may make application in writing to the Minister for the registration
of himself or herself as proprietor of the registered premises, and the
Minister, if satisfied that no circumstances make such registration undesirable,
may so register such legal personal representative or such liquidator and, in
such a case, the provisions of paragraph (3) shall not apply.[4]
(7) Where –
(a) a
proprietor is absent from Jersey for a period exceeding 7 consecutive days, the
registration of the place of refreshment shall expire at the end of the 7th day
on which the proprietor is so absent unless, before the end of that day, the
proprietor has notified the Minister in writing of the full name and address,
and of the date and place of birth, of the person proposed by the proprietor to
carry on the registered premises in the proprietor’s absence and has
received from the Minister confirmation in writing of the Minister’s
approval of the person so proposed together with a statement of the period for
which such approval shall remain in force:
Provided that the
provisions of this sub-paragraph shall not apply where the person who will
carry on the registered premises is the person named as manager thereof in the
registration certificate issued under Article 7;
(b) during
the time that the registration of a place of refreshment is in force, the person
named as manager thereof in the registration certificate issued as aforesaid ceases,
or is about to cease, to act as such, the proprietor shall notify the Minister
in writing of the fact, and of the full name and address, and of the date and
place of birth, of the person proposed by the proprietor to act as manager, and
the proprietor shall not appoint any person so to act until the proprietor has
received from the Minister confirmation in writing that the Minister is
prepared to register the person so proposed:
Provided that where the
proprietor proposes himself or herself to act as manager in the place of the person
named as aforesaid, it shall be sufficient compliance with the provisions of
this sub-paragraph if the proprietor notifies the Minister in writing that the
proprietor proposes so to act and of the date on which the proprietor will
begin to do so.
7 Registration
certificates
(1) Where
the Minister registers, or renews the registration of, a place of refreshment,
the Minister shall issue a registration certificate to the proprietor of the
registered premises.
(2) Every
registration certificate shall contain –
(a) a
sufficient description of the registered premises;
(b) the
full name of the proprietor;
(c) the
full name of the person having the management of the registered premises;
(d) the
conditions (if any) attached to the registration;
(e) the
date on which, under the provisions of Article 6(4), the registration will
expire;
(f) such
other particulars (if any) as the Minister may think fit.
(3) Where,
under Article 6(7)(b), a person, other than the person named as manager in
a registration certificate issued in pursuance of paragraph (1), is
subsequently registered as the manager of any registered premises, the Minister
shall issue a registration certificate in substitution for the registration
certificate issued in pursuance of the said paragraph (1).
(4) The
proprietor shall keep the registration certificate issued in pursuance of paragraphs (1)
or (3) conspicuously displayed at all times in the
registered premises.
(5) The
proprietor shall deliver up to the Minister a registration certificate issued
to the proprietor as aforesaid, forthwith on –
(a) the
expiration of the registration under the provisions of Article 6(3), (4)
or (7);
(b) the
cancellation of the registration under the provisions of Article 9;
(c) being
required so to do by or on behalf of the Minister.
(6) If
a proprietor contravenes any provision of paragraphs (4) or (5), the
proprietor shall be liable in respect of each contravention to a fine of level
2 on the standard scale.[5]
(7) Where
a proprietor satisfies the Minister that the proprietor’s registration
certificate has been lost, or accidentally destroyed or defaced, the Minister
may issue to the proprietor a new registration certificate on payment by the
proprietor of such fee, not exceeding £1, as the Minister may require.
8 Grounds
for refusal of application for registration etc.
(1) The
Minister shall refuse an application for registration, or for the renewal of
registration, in any case where –
(a) the
Minister is not satisfied that the applicant, or where the applicant is a body
corporate any officer of the body corporate, or a person named as manager in
such application, is, or satisfactory evidence is produced that he or she is
not, a fit and proper person to be registered or, as the case may be, to be an
officer of a body corporate registered, under this Law;
(b) it
appears to the Minister that the applicant –
(i) not
being a body corporate, is under the age of 20 years,
(ii) not
being a body corporate, is not ordinarily resident in Jersey,
(iii) being
a body corporate, is not incorporated in Jersey, or
(iv) is a person,
or where the applicant is a body corporate any officer of the body corporate is
a person, or the person named as manager in the application is a person, disqualified
under Article 9 of this Law, or under Article 18 of the Food Safety
(Jersey) Law 1966, during such time as
the disqualification remains in force:
Provided that in a case where
a person disqualified under Article 18
of the Food Safety
(Jersey) Law 1966 is so disqualified
only in respect of specified premises, the provisions of this clause shall
apply only in respect of those premises;
(c) the
applicant, or where the applicant is a body corporate any officer of the body
corporate, or the person named as manager in the application, has, within the 12
months immediately preceding the date of the application, been refused
registration or the renewal of registration, under the provisions of sub-paragraph (a);
(d) the
Minister is satisfied that, if the application were to be granted, the
registered premises would be carried on for the benefit of, or would be managed
by, a person who would himself or herself be refused registration under any of
the foregoing provisions of this paragraph:
Provided that where an
application for renewal of registration is made by the lawful guardian, not being
himself or herself a person who would be refused registration under the said provisions,
of a minor child of a deceased proprietor for the purpose of carrying on the
registered premises for the benefit of such minor child, the application shall
not be refused by reason only that the registered premises would be carried on
for the benefit of a person under 20 years of age or for the benefit of a person,
if such be the case, who is not ordinarily resident in Jersey;
(e) the
report of an inspection under Article 5 shows that the premises in respect
of which the application is made are unsuitable for registration or for the
renewal of registration; or
(f) an
application is made otherwise than in accordance with Article 4.[6]
(2) The
Minister may refuse an application for registration, or for the renewal of
registration, in any case where –
(a) during
the time that the applicant, or in a case where the applicant is a body
corporate any officer of the body corporate, was the proprietor or the manager
of any registered premises, those registered premises were not properly conducted;
(b) the
applicant, or where the applicant is a body corporate any officer of the body
corporate, or a person named as manager in such an application, has been
convicted of an offence under this Law in respect of which a penalty is
provided by Article 16(2), of any offence against public decency, of any
offence involving fraud or dishonesty of any relevant offence within the
meaning of the Sex Offenders
(Jersey) Law 2010, or of an offence under
any of the following enactments, that is to say –
(i) [7]
(ii) Poisons (Jersey)
Law 1952, or
(iii) Misuse of Drugs
(Jersey) Law 1978;
(c) it
appears to the Minister that the registration, or the renewal of the
registration, of the premises to which the application relates
would –
(i) injuriously
affect the health or comfort of, or would seriously impair the amenities
enjoyed by, persons residing in the neighbourhood of the premises,
(ii) result
in undue congestion of traffic, or
(iii) prejudice
the preservation of law and order.[8]
9 Cancellation
of registration
(1) Subject
to the provisions of this Law, the Minister may at any time cancel a
registration on any ground on which registration might be refused.
(2) Where,
under Article 18 of the Food Safety
(Jersey) Law 1966, the
Court orders that a person be disqualified from using specified premises
or, as the case may be, any premises as catering premises, the order of the
Court shall have effect, except in a case where the specified premises are not
also registered premises, so as to cancel the registration.
(3) Where,
under Article 18 of the Food Safety
(Jersey) Law 1966, a person is disqualified, the Judicial Greffier shall, as soon as may be, deliver to the Minister
a copy of the order of the Court disqualifying that person.
10 Notice of
refusal, cancellation etc.
(1) The
Minister shall not –
(a) refuse
an application for registration or renewal of registration;
(b) attach
to any registration a condition, other than a condition attaching to all
registrations; or
(c) cancel
a registration under Article 9(1),
unless the Minister has
given to the applicant or the proprietor, as the case may be, not less than 7
days’ notice in writing of the Minister’s intention to do so and
reasons for so doing, and every such notice shall contain an intimation that
if, within the period of such notice, the applicant or the proprietor informs
the Minister in writing that he or she desires so to do, the Minister, before
refusing the application, or attaching the condition, or cancelling the
registration, will afford the applicant or proprietor an opportunity of being
heard in person or by a representative, against such refusal or cancellation or
the attachment to the registration of such condition.
(2) If,
after affording an applicant or a proprietor, as the case may be, an
opportunity of being heard, the Minister decides to refuse the application, to
attach the condition, or to cancel the registration, the Minister shall give the
applicant or proprietor notice in writing of the decision and, if so requested
in writing by the applicant or proprietor, shall, within 7 days of receiving
such a request, give to him or her a statement in
writing of the reasons for the decision.
11 Right of appeal
(1) Any
person aggrieved by –
(a) the
refusal of an application for registration or for renewal of registration,
other than a refusal under Article 8(1)(f);
(b) a
condition attached to a registration, other than a condition attaching to all
registrations; or
(c) the cancellation
of a registration under Article 9(1),
may, within the 15 days
next following the day on which notice of the decision of the Minister was
given to the person under Article 10(2), appeal to the Inferior Number of
the Royal Court, in term or in vacation, on the ground that the decision of the
Minister was unreasonable having regard to all the circumstances of the case,
and the decision of the Inferior Number of the Royal Court shall be final and
without further appeal, but without prejudice to the right of the Inferior
Number to refer the matter to the Superior Number of the Royal Court.
(2) Where
any person appeals against the cancellation of a registration or against a
condition attaching to a registration, the cancellation of the registration, or, as the case may be, the condition attached, shall not take
effect until the appeal is abandoned or determined.
12 Conduct of
registered premises
(1) The
proprietor shall take all such steps as are necessary to ensure
that –
(a) there
shall not take place on the registered premises –
(i) any
disorderly or indecent conduct, or any other unlawful act,
(ii) any
dancing or cabaret, otherwise than with the permission of the Bailiff nor
otherwise than in accordance with any conditions attaching to such permit;
(b) during
the hours that the registered premises are open for the sale of meals or
refreshments, there shall be kept displayed –
(i) at
the exterior of, and in close proximity to, each
entrance to the registered premises, being an entrance normally used by
customers,
(ii) in
such manner as to be easily readable by customers, in each room on the
registered premises in which meals or refreshments are served to customers,
at least one list
specifying the prices to be charged for meals and refreshments served on the
registered premises, the list displayed in pursuance of clause (i) being kept illuminated at all times during such hours
when illumination is necessary to enable the list to be easily readable by
members of the public;
(c) a
price in excess of the appropriate price specified in lists displayed in
pursuance of sub-paragraph (b) is neither demanded nor received for any
meal or refreshment;
(d) the
registered premises shall at all times be conducted
and managed in accordance with –
(i) such
conditions as may be attached to the registration,
(ii) such
other conditions as may be prescribed.
(2) Without
prejudice to any other right to refuse to admit to, or to expel from, premises,
in the case of registered premises the proprietor and any agent or servant of the
proprietor may refuse to admit to, or may expel from, the registered premises
any person whose conduct or presence on the registered premises would, or would
be likely to, subject the proprietor or any agent or servant of the proprietor
to a penalty under this Law or under any other enactment.
(3) A
police officer, on the request of the proprietor or of any agent or servant of the
proprietor, may help to expel from registered premises any person whom the
police officer has reasonable cause to believe to be liable to be expelled
therefrom under this Article, and a police officer may use such force as may be
required for the purpose.
(4) If
any person liable to be expelled from registered premises under this Article
when requested by the proprietor, any agent or servant of the proprietor, or
any police officer to leave the premises fails to do so, the person shall be
liable, in respect of such failure, to a fine of level 2 on the standard scale.[9]
(5) A
police officer may enter on any registered premises within the parish for the
purpose of ascertaining whether the provisions of this Law are being complied
with, and any person who obstructs a police officer in the exercise of the police
officer’s powers under this paragraph shall be liable to a fine of level
2 on the standard scale:
Provided that, if the
Court is satisfied that the person committed the offence with intent to prevent
the discovery of some other offence, whether under this Law or under any other
enactment, the person shall be liable to the penalties provided by Article 16.[10]
13 Permitted hours[11]
(1) Subject
to the provisions of this Article, no registered premises shall be open for the
serving of customers except during the permitted hours.
(2) Subject
to the provisions of this Article, the permitted hours shall be the hours from
6 a.m. until 2.30 a.m. the following morning.[12]
(3) Subject
to Articles 10 and 11, the Minister may –
(a) attach
a condition to the registration, or the renewal of registration, of any
premises at which, or on part of which, meals or refreshments are sold for
consumption off the premises, requiring those premises, or that part, to be
closed earlier than at the latest of the permitted hours;
(b) if
satisfied, after consultation with the Connétable
of the parish concerned, that it is desirable to do so in order
to avoid unreasonable disturbance to persons residing in the
neighbourhood of any registered premises, at any time, attach a condition to
the registration of those premises requiring them to be closed earlier than at
the latest of the permitted hours.
(4) No
registered premises shall be open for the serving of customers on a Sunday,
Good Friday or Christmas Day unless the Connétable of the parish in which the premises are
situated has granted a permit authorizing the proprietor to open the premises,
within any of the permitted hours, for the serving of customers on any of those
days.
(5) The
Connétable shall charge such fee, not
exceeding such amount as the States may by Regulations fix, as the Minister may
determine for the grant of a permit under paragraph (4), and all such fees
shall be credited to the revenues of the parish.
(6) The
Connétable may, at any time, revoke a permit
granted under paragraph (4) and, unless previously revoked, a permit shall
remain in force until the expiry or, as the case may be, the
cancellation, of the registration of the premises in respect of which it was
granted.
(7) Articles 10
and 11 shall apply to the refusal of the grant of a permit, under paragraph (4),
or the revocation of a permit, under paragraph (6), as they apply to the
refusal of an application for, or the cancellation of, registration of
premises.
(8) The
proprietor of registered premises in relation to which a permit is granted
under paragraph (4) shall –
(a) keep
the permit displayed in a conspicuous position in the registered premises;
(b) when
required so to do by the Connétable or by any person
duly authorized by the Connétable, produce or
deliver up the permit to the Connétable or to
that person;
(c) deliver
up the permit to the Connétable forthwith on
the expiry thereof.
(9) In
any proceedings for a contravention of paragraph (1) it shall be a defence
for the person charged –
(a) in
the case of registered premises mentioned in paragraph (3)(a), to prove
that the person in relation to whom the contravention is alleged entered the
premises during the permitted hours and left them not later than 15 minutes
after the latest of those hours;
(b) in
the case of any other registered premises, to prove that the person in relation
to whom the contravention is alleged entered the premises during the permitted
hours and left them not later than 30 minutes after the latest of those hours.
(10) Nothing
in this Article shall be taken as requiring registered premises to be open for
the serving of customers throughout the permitted hours.
(11) Nothing
in this Article shall apply to registered premises within the Port of St.
Helier or St. Peter’s Airport.
(12) The
States may by Regulations amend paragraph (2) so as to
vary the permitted hours.
14 Orders
(1) The
Minister may make Orders for prescribing anything which, under this Law, is
authorized to be prescribed.
(2) [13]
15 Service of
notices
(1) Any
notice required by this Law to be given –
(a) to
the Minister may be given by leaving it at an office of an administration of
the States for which the Minister is assigned responsibility;
(b) to a person
being a body corporate shall be duly given if it is given to the secretary or
clerk of the body corporate.
(2) Subject
to the provisions of this Article, any notice required by this Law to be given
to any person may be given –
(a) by
delivering it to that person;
(b) by
leaving it at the person’s proper address;
(c) by
registered post; or
(d) by
the recorded delivery service.
16 Penalties
(1) No
person shall –
(a) for
the purpose of obtaining registration, or renewal of registration, whether for himself
or herself or for any other person, make any declaration or statement, or give
any information, or produce or utter any document, or produce any evidence,
knowing the same to be false in a material particular; or
(b) with
intent to deceive –
(i) make,
alter or use, or lend to or allow to be used by any
other person, a registration certificate, or a permit to which Article 13(3)
refers, or
(ii) make,
or have in his or her possession, any document so closely resembling a
registration certificate, or a permit as aforesaid, as to be calculated to
deceive.
(2) Any
person who contravenes any provision of this Law, being a contravention for
which no special penalty is provided by this Law, shall be liable in respect of
each offence to imprisonment for a term of 12 months and to a fine of
level 3 on the standard scale.[14]
(3) Where
a contravention as aforesaid for which –
(a) a
proprietor is liable has, in fact, been committed by some manager, agent,
servant or other person; or
(b) a
body corporate is liable has, in fact, been committed with the consent or
connivance of any officer of the body corporate,
that manager, agent, servant or other person or, as the case may be, that officer
as well as the proprietor or, as the case may be, the body corporate shall be
guilty of that offence and shall be liable to be proceeded against and punished
accordingly.
17 Saving
The provisions of this Law
are in addition to, and not in derogation of, the provisions of any other enactment.
18 Citation
This Law may be cited as the Places
of Refreshment (Jersey) Law 1967.