Shops (Regulation
of Opening) (Jersey) Regulations 2011
1 Interpretation
(1) In these Regulations,
unless the context otherwise requires –
“approved form”
means –
(a) a
form approved by the Comité des Connétables under Regulation 5(1) for use in
all parishes, where the Comité has approved
the form; or
(b) a
form approved by the Connétable of a parish
under Regulation 5(2) for use in that parish, where the Connétable has approved the form;
“Law” means
the Shops (Regulation
of Opening and Deliveries) (Jersey) Law 2010;
“retail sales area”
shall be construed in accordance with Regulation 2;
“special occasion”
means a day that is designated by the Minister, by an Order made under Regulation 4,
as a special occasion;
“supply of goods”
means a commercial activity described in Article 1(2)(a) of the Law, but
does not mean a commercial activity described in Article 1(2)(c) of the
Law;
“weekday”
means any day of the week except –
(a) a
Sunday; or
(b) a day
that is Good Friday, Liberation Day, Christmas Day or 26th December.[1]
(2) A
reference in these Regulations to a permit, without further qualification, is a
reference to any permit that may be granted under these Regulations.[2]
2 Meaning
of “retail sales area”
(1) In
these Regulations, “retail sales area”, when used in respect of a
shop that is open on weekdays as well as on a Sunday, Good Friday, Liberation
Day or 26th December, means the area that is ordinarily used for commercial
activities on weekdays.
(2) In
these Regulations, “retail sales area”, when used in respect of a
shop that is not open on any weekday, means the area that may be used for
commercial activities under a permit.
(3) The
retail sales area of a shop includes the working space behind any counter, but
does not include –
(a) any
office;
(b) any storage
area to which the public is not given access; or
(c) any
staff facility (for example, a staff kitchen or staff washroom) to which the
public is not given access.
(4) The
retail sales area of a shop that is in a building shall be determined by
measuring the internal floor space.
(5) Where
more than one area of a shop to which paragraph (1) refers is ordinarily
used for commercial activities, the aggregate of those areas of the shop is the
retail sales area.
(6) Where
more than one area of a shop to which paragraph (2) refers is the area
that may be used for commercial activities under the permit, the aggregate of
those areas of the shop is the retail sales area.
3 Exemptions
(1) The
shops in Schedule 1 are exempt from Article 2(1) of the Law.
(2) If
a shop in Schedule 1 is one that is open on weekdays, it is a condition of
the exemption under this Regulation that the commercial activities that are
carried on at the shop on Sundays, Good Friday, Liberation Day and 26th
December shall be substantially the same as those carried on at the shop on
weekdays.
4 [3]
5 Authorized
forms
(1) The
Comité des Connétables
may approve forms of applications and permits for the purposes of these
Regulations.
(2) If
the Comité des Connétables
has not approved a form for use for a purpose of these Regulations, the Connétable of a parish may approve the form for use
for that purpose in the parish until the Comité
approves a form.
(3) The
Connétable of a parish shall make the approved
forms available for use in the parish.
6 Types
of permit[4]
The following permits may
be granted under these Regulations –
(a) a
general permit;
(b) a
restricted-hours permit;
(c) a
single permit.
6A General
permit[5]
(1) A
general permit may be granted only in respect of –
(a) a
shop that has a retail sales area of no more than 700 square metres;
(b) a
shop that is a tourist amenity, facility or attraction, if the part of the
shop’s retail sales area that is used for the supply of goods is no more
than 700 square metres; or
(c) any
other shop, if the supply of goods in the shop’s retail sales area is
incidental to the provision of some other service.
(2) A
general permit authorises the opening of a shop on the following
days –
(a) every
Sunday, other than a Sunday that is also Christmas Day;
(b) Good
Friday;
(c) Liberation
Day;
(d) 26th
December.
(3) A
general permit remains in force until the end of the 31st day of December
in the year in which it is granted, unless it ceases to have effect under
Regulation 17 or is revoked under Regulation 18.
6B Restricted-hours
permit[6]
(1) A
restricted-hours permit authorises the opening of a shop at any time between
10:00 and 16:00 hours on the following days –
(a) every
Sunday, other than a Sunday that is also Christmas Day or 26th December;
(b) Good
Friday;
(c) Liberation
Day.
(2) A
restricted-hours permit also authorises the opening, at any time (including
beyond the time between 10:00 to 16:00 hours) on the days set out in
paragraphs (1)(a) to (c), of an area of a shop, where the
area –
(a) is
ordinarily used for the retail sale of fuel, or of other source of power, for
motor vehicles (and may also be used incidentally for the supply of other
goods); and
(b) is no
more than 700 square metres.
(3) A
restricted-hours permit remains in force until the end of the 31st day of
December in the year in which it is granted, unless it ceases to have effect
under Regulation 17 or is revoked under Regulation 18.
6C Single
permit[7]
(1) A
single permit authorises the opening of a shop on any date specified in the
permit.
(2) However,
a single permit may not authorise the opening of a shop on Christmas Day, on
26th December or on more than 5 dates in a calendar year.
6D Permit
for vehicle[8]
A permit for a shop that
is a vehicle authorises its opening in any parish.
7 Connétable to be authority for grant of permits
(1) If
a shop is not a vehicle, the Connétable of the
parish in which the shop is situated shall be the authority for the grant,
variation and revocation of any permit for the shop.
(2) In
the case of a permit for a shop that is a vehicle, the Connétable
of the parish in which at the time of the application for the permit the
applicant for or holder of the permit lives or lived shall be the authority for
its grant, variation and revocation.[9]
(3) [10]
8 Application
for permit
(1) An
application for a permit for a shop shall be made by the occupier to the Connétable.[11]
(2) The
application shall be in writing, in the approved form.
(3) The
application shall state –
(a) whether
the application is for a general permit, restricted-hours permit or single
permit;
(b) if
the application is for a single permit, the date or dates in respect of which
the application is made; and
(c) in
every case, the name of the person who will manage the shop while it is open
pursuant to the permit,
and shall contain such
other information as the approved form specifies.[12]
(4) The
application shall be accompanied by the application fee payable under Regulation 22(1).
(5) The
Connétable need not deal further with the
application until the fee is paid.
(6) [13]
(7) [14]
(8) [15]
9 Additional
information
(1) An
applicant for the grant of a permit shall provide such additional information
as a Connétable reasonably requires in order
to determine the application.[16]
(2) For
the purpose of determining the application, the Connétable
may –
(a) inspect
the shop to which it relates; or
(b) authorize
another person in writing to do so on the Connétable’s
behalf and report to the Connétable on the
inspection.
(3) A
person who is authorized under paragraph (2) by the Connétable
shall, if asked to do so by the applicant, show the applicant a copy of the
authorization before inspecting the shop.
(4) A
Connétable who receives a report under paragraph (2)
shall give a copy to the applicant, and inform the applicant that he or she may
make written representations on the report to the Connétable.
(5) In
determining the application, the Connétable
may take the report into consideration.
(6) If
the Connétable does so, he or she shall also
take into consideration the written representations (if any) made by the
applicant on the report.
10 Considerations
in granting permits
(1) In determining whether
or not to grant a permit, a Connétable shall
have regard to the peace and tranquillity of a neighbourhood, and the avoidance
of nuisance to residents, on the days and times of opening of a shop under the
permit.
(2) In particular, the Connétable shall have regard to the kind and size of
a shop to which the permit will apply, and to any noise, traffic and litter
that are likely to result from its opening under the permit.
(3) Paragraph (2) does
not limit paragraph (1).
11 Determination
of application
(1) On
determining an application for the grant of a permit, a Connétable
shall within 21 days notify the applicant in writing of the decision.[17]
(2) The
Connétable shall at the same time notify the
applicant of the procedure by which the decision may be reviewed under Regulation 20.
12 Conditions
of general permits and restricted-hours
permits[18]
(1) It
is a condition of a general permit or restricted-hours permit that if there is
any change –
(a) in
the size of the retail sales area of the shop for which the permit is granted;
(b) of
manager of the shop; or
(c) of
the predominant use of the shop,
the permit holder shall
within 7 days in writing notify the Connétable
of the parish in which the shop is situated.[19]
(2) It
is a condition of a general permit or restricted-hours permit that if the
permit holder ceases to be the occupier of the shop, he or she shall within
7 days in writing notify the Connétable.[20]
(3) It
is a condition of a general permit or restricted-hours permit that, whenever
the shop is open pursuant to the permit, it shall be displayed in or on the
shop in a conspicuous place where it can be readily seen by customers.[21]
(4) It
is a condition of a general permit or restricted-hours permit that where the
shop is one that is open on weekdays as well as on Sundays, Good Friday,
Liberation Day or (in the case of a general permit) 26th December, the
commercial activities that are carried on at the shop pursuant to the permit
shall be substantially the same as those carried on at the shop on weekdays.[22]
(5) On
granting a general permit or restricted-hours permit for a shop, a Connétable may impose such other conditions on the
opening of the shop as he or she thinks fit.[23]
(6) They
may include conditions –
(a) restricting
the hours of opening of the shop;
(b) restricting
the number and timing of wholesale and retail deliveries to or from the shop;
and
(c) specifying
arrangements that the holder of the permit is to make for parking by customers
and staff of the shop.
(7) Paragraph (6)
does not limit paragraph (5).
13 Conditions
of single permits
(1) On
granting a single permit for a shop, a Connétable
may impose such conditions on the opening of the shop as he or she thinks fit.
(2) They
may include any conditions described in any of paragraphs (1), (2), (3),
(4) and (6) of Regulation 12 (other than the condition to which Regulation 12(1)(a)
refers).
(3) Paragraph (2)
does not limit paragraph (1).
14 Issue
of permit[24]
On granting a permit, a Connétable shall issue the permit in the approved
form to the applicant.
15 [25]
16 Variation
of permit[26]
(1) Subject
to the other provisions of these Regulations, a Connétable
may vary a permit, either on the application in writing of the permit holder or
on the Connétable’s own initiative.[27]
(2) If
the Connétable proposes to refuse to grant a
permit holder’s application, or proposes to vary a permit on the Connétable’s own initiative, the Connétable shall give the holder notice in
writing of his or her intention to do so.
(3) The
notice shall –
(a) specify
the grounds on which the Connétable proposes
to refuse to grant the permit holder’s application, or proposes to vary
the permit on the Connétable’s own
initiative, as the case may require; and
(b) inform
the holder that he or she may make written representations to the Connétable, as to the latter’s proposal,
within 21 days or within such further time as the Connétable
allows.
(4) If
the Connétable is required by paragraph (2)
to give notice to the permit holder, the Connétable
shall in deciding whether or not to proceed –
(a) to
refuse to grant the holder’s application; or
(b) to
vary the permit on the Connétable’s own
initiative,
take into consideration any written
representations so made.
(5) On
deciding whether or not to vary the permit, the Connétable
shall within 21 days notify the permit holder in writing of the decision.
(6) The
Connétable shall at the same time notify the
permit holder of the procedure by which the decision may be reviewed under Regulation 20.
17 Permits
that cease to have effect if holder ceases to occupy shop[28]
A permit shall cease to
have effect on the permit holder’s ceasing to be the occupier of the shop
for which it is granted.
18 Revocation
of permit[29]
(1) A
Connétable may revoke a permit in any of the
following cases –
(a) if,
in the case of a general permit, the shop no longer fulfils the requirements
for the grant of such a permit;
(b) if
any condition of the permit has been contravened;
(c) if
the permit holder has been convicted of any offence under the Law or under
these Regulations (whether or not in respect of the shop to which the permit
relates);
(d) if
the Connétable thinks fit to revoke the
permit, having regard to any disturbance of the peace or tranquillity of any
neighbourhood, or of any nuisance to residents, resulting from the opening of
the shop on the days and at the times authorized by the permit.[30]
(2) If
a Connétable proposes to revoke a permit, the Connétable shall give the permit holder notice in
writing of his or her intention to do so.
(3) The
notice shall –
(a) specify
the grounds on which the Connétable proposes
to revoke the permit; and
(b) inform
the permit holder that the holder may make written representations to the Connétable, as to the latter’s proposal,
within 21 days or within such further time as the Connétable
allows.
(4) The
Connétable shall, in deciding whether or not
to proceed to revoke the permit, take into consideration any written
representations so made.
(5) The
Connétable shall within 21 days notify
the permit holder in writing of the decision.
(6) The
notification under paragraph (5) shall inform the permit holder of the
procedure by which the decision may be reviewed under Regulation 20.
19 Reasons
for decisions
(1) A
Connétable shall state in writing the reasons
for a decision by the Connétable under these Regulations –
(a) refusing
to grant an application in the terms in which it is sought;
(b) imposing
a condition under Regulation 12(5) or Regulation 13 in granting an
application for a permit;
(c) varying
a permit on the Connétable’s own
initiative; or
(d) revoking
a permit.[31]
(2) Where
the Connétable is required under paragraph (1)
to give reasons for a decision, he or she shall provide a copy of the reasons –
(a) to
the applicant, in the case mentioned in either of paragraphs (1)(a) and
(b); or
(b) to
the permit holder, in the case mentioned in either of paragraphs (1)(c)
and (d),
with the notification of
the decision.
20 Review by Comité
des Connétables
(1) A
person mentioned in Regulation 19(2) who is aggrieved by a decision to
which that paragraph refers may give notice in writing to the Connétable by whom the decision is made that he or
she wishes to have the decision reviewed by the Comité
des Connétables.
(2) A
notice under paragraph (1) shall be given –
(a) within
21 days after the Connétable notifies the
person of the decision and provides to the person a copy of the reasons; or
(b) within
such further time as the Connétable allows.
(3) Subject
to paragraph (5), the Connétable shall on
receiving a notice under paragraph (1) notify the Chairman of the Comité des Connétables.
(4) Subject
to paragraph (5), the Chairman of the Comité
des Connétables shall then convene a panel of
3 Connétables (excluding the Connétable whose decision is the subject of the
review) to review the decision.
(5) Where
the Connétable who receives a notice under paragraph (1)
is the Chairman of the Comité des Connétables –
(a) he or
she shall forthwith notify the Vice-Chairman of the Comité
des Connétables; and
(b) the
Vice-Chairman shall instead convene a panel of 3 other Connétables
to review the decision.
(6) The
person seeking the review of a decision shall give the panel, and the Connétable whose decision is the subject of the
review, a statement in writing of the grounds on which the review is sought.
(7) The
panel shall review the decision, and confirm, reverse or vary the decision.
(8) On
reviewing the decision, the panel shall within 21 days –
(a) notify
the person in writing of its decision on the review, stating the reasons for
the decision; and
(b) give
a copy of the notification (including the reasons) to the Connétable
whose decision has been reviewed.
(9) The
notification under paragraph (8) shall inform the person of Regulation 21
(which relates to appeals to the Royal Court).
21 Appeal
to Royal Court
(1) A
person who is aggrieved by a decision by a panel of the Comité
des Connétables on a review under Regulation 20
may appeal against the decision to the Royal Court.
(2) The
appeal shall be brought within 28 days after the panel notifies the person
in writing of the decision, or within such further time as the Royal Court
allows.
(3) On
hearing the appeal, the Royal Court may confirm, reverse or vary the decision,
and make such order as to costs as it thinks fit.
22 Fees
(1) The
applicable fee specified in Schedule 3 shall be payable in respect of an
application for a general permit, restricted-hours permit or single permit.[32]
(2) A
fee that is payable in respect of an application shall be credited to the
revenues of the parish to whose Connétable the
application must be made.
23 Production
of permit
(1) The
holder of a permit shall, when required to do so by or on behalf of –
(a) the Connétable by whom it is granted; or
(b) (if
the shop is a vehicle) any Connétable in whose
parish the vehicle is for the time being open under the permit,
produce it to that Connétable or to a person who is authorized in
writing for the purpose of this Regulation by that Connétable.[33]
(2) The
holder of a permit need not comply with a requirement made under paragraph (1)
by a person other than the Connétable if –
(a) he or
she asks the person making the requirement to show the holder a copy of the
authorization; and
(b) the
other person does not do so.
(3) The
holder of a permit shall, within 7 days after the permit ceases to have
effect, deliver it to the Connétable by whom
it was granted.[34]
(4) A
permit holder who contravenes either of paragraphs (1) and (3) shall be
guilty of an offence and liable to a fine of level 2 on the standard
scale.
24 [35]
25 Citation
These Regulations may be
cited as the Shops (Regulation of Opening) (Jersey) Regulations 2011.