Lodging Houses
(Registration) (Jersey) Law 1962[1]
A LAW to provide for the registration
of lodging houses and for matters incidental thereto
Commencement
[see endnotes]
1 Interpretation[2]
In this Law, unless the context otherwise
requires –
“lodging house” means any premises on which is conducted
the business of providing lodging with or without board, for reward, other than
premises registered under the Tourism (Jersey)
Law 1948;
“Minister” means the Minister for Housing;
“prescribed” means prescribed by Order made under this Law;
“register” means register under this Law;
“tourist” means a person who visits Jersey for the
purpose only of recreation.
2 Duty
to register
(1) Subject to the
provisions of this Law, no person shall keep a lodging house unless the lodging
house is a registered lodging house:
Provided that nothing in this Law shall require the registration
of –
(a) any
educational establishment; or
(b) any
premises in which lodging for reward is provided for less than the prescribed
number of persons.
(2) If any person
contravenes paragraph (1) the person shall for each offence be liable to a
fine.[3]
3 Exemptions
from duty to register
The Minister may, in his or her absolute discretion –
(a) grant exemptions from
the provisions of Article 2;
(b) attach to any exemption
such conditions as the Minister thinks fit;
(c) vary any condition
attached to an exemption at any time; or
(d) withdraw any exemption.
4 Duration
of registration
Every registration shall expire on the last day of February next
following the date on which it takes effect but shall be renewable annually in
manner provided by this Law.
5 Applications
(1) An application for
registration or for renewal of the registration of a lodging house shall be
made in such form and shall contain such particulars as the Minister may
require and each such application shall be accompanied by the prescribed fee.[4]
(2) Every application for
renewal of registration shall be made in the month of December and, if the
application is not made in that month, the Minister may refuse to renew the
registration.
6 Registration
and renewal
(1) Where an application is
duly made to the Minister under Article 5, the Minister, in the case of an
application for registration, shall, and, in the case of an application for
renewal of registration, may, cause the lodging house to which the application
relates to be inspected by an officer in an administration of the States for
which the Minister is assigned responsibility.
(2) The Minister shall
refuse to register the lodging house where any prescribed requirements in
relation thereto are not satisfied and may, in any case, refuse the application
if the Minister is of the opinion that –
(a) the
applicant is not a fit person to keep a lodging house;
(b) the
use of the premises as a lodging house would be likely to cause annoyance to
persons residing in the neighbourhood;
(c) the
use of the premises as a lodging house is not in the public interest.
(3) Notwithstanding
anything in the foregoing provisions of this Article, the Minister may attach
such conditions as he or she thinks fit to the registration or renewal of
registration of any lodging house and shall, in particular, specify in relation
to any room in the lodging house, the maximum number of persons by whom it may
be used as sleeping accommodation at any one time.
7 Contravention of
registration conditions[5]
Any keeper of a
registered lodging house who contravenes or fails to comply with –
(a) a condition attached to
a registration or a renewal of a registration of a lodging house under Article 6(3);
or
(b) any condition attached
to an exemption granted under Article 3,
shall for each offence
be liable to a fine of level 3 on the standard scale.
8 Registration
certificates
(1) Where the Minister
registers or renews the registration of any lodging house, the Minister shall
issue a registration certificate to the keeper of the lodging house, free of
charge.
(2) Every registration
certificate shall contain a sufficient description of the lodging house to
which it relates, the name of the keeper of the lodging house, the date on
which the registration or renewal of registration expires and such other
matters as the Minister may think fit.
9 Production,
delivery and display of registration certificates
(1) The keeper of a
registered lodging house shall –
(a) when
required by or on behalf of the Minister so to do, produce or deliver the
keeper’s registration certificate to the Minister or to an officer in an
administration of the States for which the Minister is assigned responsibility
who is authorized in that behalf;
(b) deliver
the keeper’s registration certificate to the Minister immediately on the
expiration of the period to which it relates;
(c) keep the
keeper’s registration certificate displayed in a prominent position in
the lodging house.
(2) If the keeper of a
registered lodging house fails to comply with the provisions of this Article, the
keeper shall for each offence be liable to a fine of level 2 on the standard
scale. [6]
10 Replacement
of registration certificates
Where the keeper of a registered lodging house satisfies the
Minister that the keeper registration certificate has been accidentally lost,
destroyed or defaced, the Minister may issue a new certificate to the keeper of
the lodging house on payment by the keeper of the prescribed fee. [7]
11 Cancellation
of registration
Subject to the provisions of this Law, the Minister may at any time
cancel the registration of a lodging house on any ground on which the
registration of the premises as a lodging house might be refused or on the
ground that any person has been convicted of an offence against the provisions
of this Law or of any Order made thereunder in respect of the lodging house.
12 Procedure
and right of appeal on refusal or cancellation of registration
(1) The Minister shall not
refuse an application for the registration or renewal of the registration of any
lodging house, or cancel any registration, unless the Minister has given to the
keeper of the lodging house not less than 7 days’ notice in writing
of his or her intention to do so and the reasons for so doing, and every such
notice shall contain an intimation that, if within 7 days after the
receipt of the notice, the keeper of the lodging house informs the Minister in
writing that the keeper desires so to do, the Minister will, before refusing
the application or cancelling the registration, give the keeper an opportunity
of being heard, in person or by a representative, against such refusal or
cancellation.
(2) If the Minister, after
giving to the keeper of the lodging house an opportunity of being heard,
decides to refuse the application or to cancel the registration, the Minister
shall, if required by the keeper of the lodging house, deliver to the keeper,
within 7 days of the receipt of such requirement, particulars in writing
of the reasons for such refusal or cancellation.
(3) Any person aggrieved by
such refusal or cancellation, or by the conditions attached to the registration
or renewal of the registration of any lodging house, may appeal to the Inferior
Number of the Royal Court, either 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.
13 Register of lodgers and
obligations to provide particulars etc.[8]
(1) The keeper of a
registered lodging house shall maintain a register in which shall be entered
the –
(a) full
name;
(b) place
and date of birth;
(c) nationality;
(d) address
prior to arrival;
(e) date
of arrival; and
(f) date
of departure,
of every person lodging in the house.
(2) The particulars
specified in paragraph (1)(a) to (e) inclusive shall be entered on the
date of arrival.
(3) The particulars
specified in paragraph (1)(f) shall be entered on the date of departure.
(4) The keeper of a
registered lodging house who contravenes or fails to comply with paragraph (1)
shall be liable to a fine of level 3 on the standard scale.[9]
(5) Any person
who –
(a) fails
without reasonable excuse, to provide any of the particulars required by paragraph (1)
at the time specified in paragraph (2) or (3), as the case may be;
(b) knowingly –
(i) provides false or
misleading information with a view to a false entry being made in a register
maintained under this Article or being reckless as to whether such an entry is
made, or
(ii) makes
a false entry in any such register; or
(c) uses
a room in a registered lodging house as sleeping accommodation before the
particulars required by paragraph (1)(a) to (e) have been entered in the
register, shall for each offence be liable to a fine.[10]
14 Tourists
not to be accommodated in registered lodging houses
(1) The keeper of a
registered lodging house shall not offer or provide accommodation for reward in
the lodging house for any person whom the keeper believes, or has reasonable
cause to believe, to be a tourist to Jersey.
(2) Any keeper of a
registered lodging house who contravenes the provisions of this Article shall
be liable to a fine of level 2 on the standard scale.[11]
15 Inspection
(1) Any officer in an
administration of the States for which the Minister is assigned responsibility
who is generally or specially authorized in writing in that behalf (in this Article
referred to as an “inspector”) shall be entitled, subject to the
production by the inspector if so required of evidence of the inspector’s
authority, to enter and inspect any registered lodging house or any premises in
respect of which an exemption under Article 3 has been granted or any
premises which the inspector has reason to believe are being used as a lodging
house, and to require the keeper of the lodging house or the proprietor of the
premises, or any person in occupation thereof or employed therein, to furnish
to the inspector such information in relation to the lodging house or premises
as may be reasonably necessary for the purposes of the enforcement of the
provisions of this Law.
(2) Any police officer
shall be entitled to enter any registered lodging house and inspect the
register maintained therein in pursuance of Article 13.
(3) Every person
who –
(a) obstructs
or impedes an inspector or a police officer in the exercise of any of the
powers conferred by this Article;
(b) fails
or refuses to give to an inspector or a police officer on demand any
information which such inspector or police officer is entitled to demand under
this Law; or
(c) wilfully
gives to an inspector or a police officer information which is false or
misleading in a material particular,
shall be liable to a fine of level 3 on the standard scale.[12]
16 Service
of notices
(1) Any notice required by
this Law to be given to the Minister may be given either by leaving it at an
office of the Housing Department or by post.
(2) Any notice required by
this Law to be given to a person being a corporation shall be duly given if it
is given to the secretary or clerk of the corporation.
(3) 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 service.
17 Offences by managers, agents etc.;
accessories and abettors etc.[13]
(1) Where an offence for
which the keeper of a lodging house is liable under this Law, has, in fact been
committed by some manager, agent servant or other person, the manager, servant,
agent or other person, as well as the keeper, shall be deemed to be guilty of
that offence and be liable to be prosecuted and punished accordingly.
(2) Any person who
knowingly and wilfully aids, abets, counsels, procures or commands the
commission of an offence against this Law shall be liable to be dealt with,
tried and punished as a principal offender.
18 Penalty
for falsification and wrongful use of registration certificates and giving of
false information
(1) If, with intent to
deceive, any person –
(a) makes,
in order that it may be used as genuine, or alters or uses or lends to or
allows to be used by any other person, a registration certificate; or
(b) makes
or has in the person’s possession any document so closely resembling a
registration certificate as to be calculated to deceive,
the person shall for each offence be liable to imprisonment for a
term of 6 months and to a fine. [14]
(2) If any person, for the
purpose of procuring, whether for himself or herself or any other person, the
issue of a registration certificate, or for the purpose of obtaining an
exemption under Article 3, makes any statement which the person knows to
be false or recklessly makes any statement which is false or withholds any
material information, the person shall for each offence be liable to imprisonment
for a term of 6 months and to a fine. [15]
19 Orders
(1) The Minister may, by Order,
make such provision as he or she considers necessary for promoting the general
sanitation, ventilation and orderly conduct of registered lodging houses and
for preventing the overcrowding of such houses.[16]
(2) The Minister may by Order
prescribe the fees payable under this Law (which fees may be so prescribed as
to vary in amount according to such matters as the Minister may think proper).[17]
(3) Any Order made under
this Article may make provision for the recovery of monetary penalties in
respect of a contravention of, or failure to comply with any of the provisions
of the Order, so, however, that such penalties shall not exceed level 3 on the
standard scale.[18]
(4) [19]
20 Fees
and expenses
(1) All fees received in
pursuance of this Law shall be credited to the Annual Income of the States. [20]
(2) The costs of the
administration of this Law shall be defrayed out of the Annual Income of the
States. [21]
21 Saving
The provisions of this Law are in addition to, and not in derogation
of, the provisions of any other enactment, but so that a person shall not be
punished twice for the same offence.
22 Citation
This Law may be cited as the Lodging Houses (Registration) (Jersey)
Law 1962.