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
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;[2]
“Minister” means the Minister for Children and 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.[3]
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.[4]
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.[5]
(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[6]
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. [7]
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. [8]
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.[9]
(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.[10]
(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.[11]
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.[12]
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.[13]
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.[14]
(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. [15]
(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. [16]
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.[17]
(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).[18]
(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.[19]
(4) The
Subordinate Legislation (Jersey)
Law 1960,[20] shall apply to Orders made
by the Minister under this Law.
20 Fees and expenses
(1) All
fees received in pursuance of this Law shall be credited to the Annual Income
of the States. [21]
(2) The
costs of the administration of this Law shall be defrayed out of the Annual
Income of the States. [22]
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.