Public Markets
(Administration) (Jersey) Regulations 1947[1]
PART 1
GENERAL
1 Definitions
In these Regulations –
“Inspector”
has the meaning assigned thereto in Regulation 2;
“lessee” means
the lessee of any stall or shop in any of the Markets;
“Markets”
means the markets under the administration of the Minister in the Town of Saint
Helier;
“Medical Officer of
Health” and “Sanitary Inspector” mean respectively the
“Inspecteur Médical” and the “Inspecteur Sanitaire”
appointed under Article 10 of the “Loi (1934) sur la
Santé Publique” ;
“Minister”
means the Minister for Infrastructure.[2]
2 Inspector
of Markets
(1) The
Minister shall appoint an Inspector of the Markets (hereinafter referred to as
the “Inspector”) to superintend the general administration of the
Markets, and to perform such other duties as are imposed upon the Inspector by
these Regulations, and such appointment shall be on such conditions as the
Minister may determine:
Provided that the
Inspector of the Markets in office at the time of the coming into force of
these Regulations shall be deemed to have been appointed to that office by
virtue of these Regulations.
(2) The
Inspector shall, upon appointment, take oath before the Royal Court well and
faithfully to discharge the duties of the Inspector’s office.
3 Use
of Markets for specified purposes
The Minister may
direct –
(a) that
specified classes or descriptions of merchandise or commodities shall not be
sold within the Markets;
(b) that
any part of the Markets shall be used for the sale of specified classes or
descriptions of merchandise or commodities only.
4 Opening
and closing of Markets
(1) The
Markets shall be open to the public on weekdays (other than Bank Holidays)
between such hours as the Minister may determine, and it shall be the duty of
the Inspector to cause the gates of the Markets to be opened or closed, as the
case may be, punctually at such times as may be so determined, and, before
closing the Markets, to ensure that everything therein is in order.[3]
(2) Except
with the permission of the Inspector, no person, other than an employee or
servant of the Minister, shall be within the Markets when the same are closed
to the public:
Provided that the
Inspector shall permit a lessee to have access to the lessee’s shop or
stall at all reasonable times for the purposes of the lessee’s business,
and may permit any other person to be within the Markets.
5 Repair
of Markets
The Inspector shall
ensure that the buildings and all parts of the Markets are kept in a fit state
of repair and shall report to the Minister in any case in which it appears to the
Inspector that repairs are required.
PART 2
PROVISIONS RELATING TO
PUBLIC HEALTH
6 Cleansing
of Markets
The Inspector shall cause
the Markets to be swept, and the tables used for the sale of fish to be washed,
on every day on which the Markets are open to the public, at such time and in
such manner as not to cause any interruption to the transaction of business in
the Markets.
7 Cleansing
of shops and stalls
(1) Every
lessee shall keep the lessee’s shop or stall in a suitable state of
cleanliness.
(2) All
persons handling in, or transporting to, the Markets, any food which is
intended for human consumption shall at all times take all possible precautions
to keep such food clean and wholesome.
8 Sales
of fish
Any person selling fish
shall keep the table or part thereof allotted to the person’s use in a
state of the greatest possible cleanliness.
9 No
commodities to be placed on ground
No person shall, except
with the permission of the Inspector, place any commodity outside the external
boundary of the person’s shop or stall, or at a height of less than 18
inches from the ground.
10 Noxious
substances and fires
(1) No
person shall take or allow to be taken into the person’s shop or stall
any noxious substance.
(2) No
person shall permit any fire or naked flame to be alight in the person’s
shop or stall when the Markets are closed to the public.
PART 3
LETTING OF SHOPS AND
STALLS, Etc.
11 Letting
of shops and stalls
(1) The
Inspector, acting under general or specific instructions of the Minister, shall
be entrusted with the letting of shops and stalls within the Markets.
(2) No
person, not being a person to whom such a shop or stall has been let as
aforesaid, shall sell or offer or expose for sale any article within the
Markets.
12 Numbering
of shops and stalls and display of lessee’s name
(1) Every
shop or stall within the Markets shall be numbered and its extent shall be
clearly marked.
(2) Every
lessee shall cause the lessee’s name to be displayed on the shop or stall
let to the lessee.
(3) All
names shall be displayed so far as possible in a uniform manner and the lessee
shall follow the directions of the Inspector in this matter.
(4) No
person shall erect or cause to be erected any part of a shop or stall,
including that portion of the shop or stall on which the name of the lessee is
displayed, to a height greater than 8 feet from the ground.
13 Register
of leases
The Inspector shall keep
a register of leases granted, in which there shall be entered –
(a) the
number of the shop or stall;
(b) the
name of the lessee for the time being;
(c) the
date of the granting of the lease and the rental payable; and
(d) the
duration of the lease.
14 Payment
of rentals
The rentals of shops and
stalls shall be paid in advance to the Inspector, who shall, at the time of
such payment give to the lessee a receipt therefor.
15 Instructions
of Inspector to be complied with
Every person within the
Markets shall comply with all such reasonable instructions as may be given by
the Inspector by virtue of the powers conferred upon the Inspector by these Regulations,
and with all other reasonable requirements of the Inspector.
16 Auction
sales and sales in Cattle Market
(1) No
person shall sell or offer to sell any goods by auction within the Markets,
except within that portion of the Markets known as the Cattle Market, and
except with the consent in writing of the Inspector previously obtained, and
the person to whom any such consent is given shall pay to the Inspector, for
every pound or part of a pound of the price paid for every lot so sold, the sum
of 3p.
(2) Every
person selling or offering for sale within the Cattle Market otherwise than by
auction any animal or any vehicle (whether mechanically propelled or not) shall
pay to the Inspector in respect of each such animal and each such vehicle the
sum of 5p, except that, in the case of a sucking pig, the sum payable shall be
3p.
17 Vehicles
(1) No
person shall take or cause to be taken into the Markets any
mechanically-propelled or horse-drawn vehicle:
Provided that this paragraph
shall not apply to that portion of the Markets known as the Cattle Market.
(2) No
person shall ride a bicycle or tricycle within the Markets.
(3) Any
person in charge of a vehicle drawn by hand shall, immediately upon being
required by the Inspector so to do, remove the same from the Markets.
18 Dogs
No person shall take any
dog into the Markets except on a leash.
19 Penalties
Any person who acts in
contravention of or fails to comply with any of the provisions of –
(a) Regulation
7 shall be liable, in respect of each offence, to a fine of level 3 on the
standard scale;
(b) Regulation
10 shall be liable, in respect of each offence to a fine of level 2 on the standard
scale;
(c) Regulation 11,
14, 15 or 16 shall be liable in respect of each offence to a fine of
level 2 on the standard scale;
(d) Regulation 4, 8, 9
or 17 shall be liable in respect of each offence to a fine of level 1 on
the standard scale;
(e) Regulation 18
shall be liable in respect of each offence to a fine of level 1 on the standard
scale.[4]
20 Power
to levy fines summarily
(1) Fines leviable for
contravention of Regulations 4, 8, 9, 17 and 18 may be levied
summarily by the Inspector.
(2) Where the Inspector
levies any fines as aforesaid or where payment of the fine is refused, the
Inspector shall report the facts of the case to the Connétable of the parish
concerned.
(3) The Inspector shall
keep a sufficient record of all fines levied by the Inspector in pursuance of
this Regulation and shall, on every quarter-day, remit to His Majesty’s
Receiver-General the amount of any fines received by the Inspector.[5]
21 Citation
These Regulations may be cited as the Public Markets
(Administration) (Jersey) Regulations 1947.