Covid-19
(Restricted Trading) (Jersey) Order 2020
THE MINISTER
FOR HEALTH AND SOCIAL SERVICES makes this Order, after consulting with the Medical Officer of Health
and the Minister for Economic Development, Tourism, Sport and Culture, under
Regulations 2 and 3 of the Covid-19 (Restricted Trading) (Jersey)
Regulations 2020 –
Commencement [see endnotes]
1 Interpretation
In this Order –
“food and drink premises”
means premises (whether or not licensed premises under the Licensing (Jersey)
Law 1974) that are used for the preparation and retail sale of food or
drink (or both) for immediate consumption on or off the premises, and includes
the following –
(a) a restaurant, café or
public bar (whether or not the premises form part of commercial accommodation);
(b) takeaway food and drink
premises;
(c) premises operating with
the permission of the Minister for Economic Development, Tourism, Sport and
Culture under the Policing
of Beaches (Jersey) Regulations 1959;
(d) registered premises
operating under a valid registration certificate issued under the Places of Refreshment
(Jersey) Law 1967; and
“retail premises” means a
building or place used for the purpose of selling items by retail, or hiring or
displaying items for the purpose of selling them or hiring them out, but does
not include food and drink premises.
2 Declaration of start
and end of restricted trading period
A period of restricted trading –
(a) starts on the coming into
force of this Order; and
(b) ends at 8 a.m. on
Monday 11th May 2020.
3 Closure of certain
premises
(1) The
Minister directs that the following must be closed to members of the
public –
(a) amusement centres and mini-golf
courses;
(b) art galleries, libraries
and museums, including any property operated by Jersey Heritage;
(c) business premises that
are used for the purpose of auction houses or betting agencies;
(d) business premises that
are used for the purpose of –
(i) spas, nail salons,
beauty salons, waxing salons, tanning salons, hair laser removal,
(ii) tattoo or piercing
parlours or massage parlours, or
(iii) providing haircuts, hair
styling or the professional application of make up;
(e) entertainment facilities;
(f) indoor recreation
facilities;
(g) nightclubs;
(h) outdoor playgrounds and
gymnasium equipment in public places;
(i) public swimming and
paddling pools;
(j) soft play centres;
(k) subject to Article 4(1)(g),
retail premises.
(2) In
this Article –
“amusement centre” means a
building or place used principally for playing billiards or other like games,
electronic or mechanical amusement devices such as pinball machines, video or
arcade games and the like;
“entertainment facility”
means a concert hall, dance hall, theatre, cinema and the like;
“indoor recreation
facility” means a building or place used predominantly for indoor recreation,
including a squash court, indoor sport court, gymnasium, bowling alley or any
other building or place of a like character used for indoor recreation; and
“nightclub” means premises
holding a licence of the seventh category (referred to as an “Entertainment
Licence”) under the Licensing
(Jersey) Law 1974, the principal purpose of which is the retail sale
of liquor for consumption on the premises, whether or not food is sold on the
premises.
4 Specified premises open
to the public for a certain purpose
(1) The
Minister directs that the following may be open to members of the public only
for the purpose specified in this Article –
(a) boarding
houses, caravan parks, camping grounds and hostels for the purpose of
accommodating permanent residents of the boarding house, caravan park, camping
ground or hostel;
(b) commercial
accommodation for the purpose of accommodating (including providing food and
beverages to persons using the accommodation to consume in their room) persons who
are employed or contracted to work in Jersey for a purpose relating to the Covid‑19
outbreak;
(c) community centres for the
purpose of providing services, free of charge, to assist vulnerable members of
the public, such as food banks, blood donations or services providing for the
needs of homeless people;
(d) food
and drink premises for the purpose of selling food or beverages for persons to
consume off premises;
(e) golf
courses for the purpose of allowing access to open spaces to be used for
the purpose of playing golf;
(f) markets for the
purpose of enabling food and drink premises and permitted shops to open for the
purpose specified in sub-paragraphs (d) and (g) respectively;
(g) permitted
shops for the purpose of selling the goods and merchandise ordinarily sold by
those shops;
(h) places
of public worship for the purpose of conducting a funeral service or
facilitating the formation of a marriage.
(2) In
this Article –
“commercial accommodation”
means a building or place (whether or not licensed premises under the Licensing (Jersey)
Law 1974) that provides temporary or short-term accommodation on a
commercial basis and that –
(a) comprises rooms or
self-contained accommodation; and
(b) provides meals to guests
or the general public,
but does not include
boarding houses, caravan parks, camping grounds or premises used for the
purpose of a care home service regulated under the Regulation of Care
(Jersey) Law 2014;
“community centre” means a
building or place owned or operated by a parish or a non-profit community
organisation used primarily for the physical, social, cultural or intellectual
development or welfare of the community;
“market” means an open-air
area, or an existing building, that is used for the purpose of selling,
exposing or offering goods, merchandise or materials for sale by independent
shops or stall holders, and includes existing permanent structures used for
that purpose on an intermittent or occasional basis; and
“permitted shop” means any
of the following types of retail premises –
(a) dry cleaning premises,
being premises used for providing dry cleaning services to members of the
public;
(b) garden centres, being
premises the principal purpose of which is the retail sale of plants and
landscaping and gardening supplies and equipment;
(c) hardware and building
supply shops, being premises the principal purpose of which is the sale or hire
of goods and materials, such as household fixtures, timber, tools, paint,
wallpaper, plumbing supplies and the like, that are used in the construction
and maintenance of buildings and adjacent outdoor areas;
(d) newsagents, being
premises the principal purpose of which is the retail sale of newspapers, cards
and magazines;
(e) off-licences, being
premises holding a licence of the sixth category (referred to as an
“Off-Licence”) under the Licensing (Jersey)
Law 1974;
(f) pharmacies and chemists;
(g) post offices;
(h) service or fuel stations
(including heating fuel retailers), being premises used for the retail sale of
fuels and lubricants for motor vehicles, whether or not the premises is also
used for the ancillary retail sale of spare parts and accessories or general
merchandise, or the cleaning of motor vehicles;
(i) specialist bicycle sale
and repair shops, being premises used for the sale, hire and repair of bicycles
and the like;
(j) specialist mobile phone
retailers, being premises used for the retail sale of mobile phones and mobile
phone accessories;
(k) specialist office supply
shops, being premises used for the retail sale of office supplies such as
stationery, printers, computers and other office accessories;
(l) specialist pet shops,
being premises used for the retail sale of pet supplies;
(m) supermarkets and corner
shops, being premises the principal purpose of which is the sale of groceries
and foodstuffs to provide for the day-to-day needs of members of the public,
and may include ancillary services such as a post office or dry cleaning;
(n) vehicle repair premises,
being premises used for the purpose of carrying out repairs to, or the selling
and fitting of accessories to, vehicles, boats, agricultural machinery and the
like;
(o) vehicle sales or hire
premises, being premises used for the display, sale or hire of motor vehicles,
caravans, boats, trailers, agricultural machinery and the like, whether or not
accessories are sold or displayed on the premises.
(3) Nothing
in this Article prevents the use of business premises –
(a) to
provide services, free of charge, to assist vulnerable members of the public, such
as food banks, blood donations or services providing for the needs of homeless
people; or
(b) to
provide accommodation (including providing food and beverages to persons using
the accommodation to consume in their room) to a person accessing a public
service (including emergency accommodation) whether provided by the Government
of Jersey, a private provider or a non-profit organisation.
5 Prescribed distance
For the purpose of Regulation 4(3)(a) of the Covid‑19
(Restricted Trading) (Jersey) Regulations 2020, the prescribed distance is
2 metres.
6 General exception to restriction on
trading
Nothing in this Order prevents the use of business
premises for the purpose of providing a service to deliver to a person, or to
arrange the collection by a person of, goods, merchandise and materials purchased
by a person off the premises.
7 Citation and
commencement
This Order may be cited
as the Covid-19 (Restricted Trading) (Jersey) Order 2020 and comes into force on
the day after it is made.