Jersey Law 2/1948
TOURISM (JERSEY)
LAW, 1948.
____________
A LAW to
make better provision for the encouragement and development of Tourism in the
Island, to establish a more effective control of the accommodation and
attractions available for tourists and to provide for divers matters connected
with the matters aforesaid, sanctioned by Order of His Majesty in Council of
the
27th day
of APRIL, 1948.
____________
(Registered on the
19th day of May, 1948).
____________
STATES OF JERSEY.
____________
The 22nd day of January, 1948.
____________
THE STATES,
subject to the sanction of His Most Excellent Majesty in Council, have adopted
the following Law: -
ARTICLE 1
INTERPRETATION
(1) In
this Law, unless the context otherwise requires –
“the
Committee” means the Committee constituted in pursuance of Article 2 of
this Law;
“prescribed”
means prescribed by order of the Committee under this Law;
“proprietor”,
in relation to any premises, means the proprietor of the business conducted on
those premises;
“register”
means a register established in pursuance of [Article 7A]
of this Law or, as the case may be, register in such a register, and the
expressions “registered” and “registration” shall be
construed accordingly;
“scale of
charges”, in relation to any premises, means the scale of all the charges
made for rooms, meals and services provided in those premises.
(2) For
the purposes of this Law –
(a) the premises on which is conducted
a business in the course of which lodging is provided for reward, shall include
all premises and parts of premises on which are lodged persons who pay a
consideration therefor to the proprietor of the
business; and
(b) in computing the number of persons
for whom lodging is provided on any premises at any one time, account shall not
be taken of the proprietor of the premises, the members of his family or the
persons employed by him in the conduct of the business.
ARTICLE 2
CONSTITUTION OF
TOURISM COMMITTEE
A Committee of
the States, to be called the Tourism Committee, shall be constituted for the
purpose of exercising the powers conferred, and performing the duties imposed,
upon the Committee by this Law.
ARTICLE 3
OFFICERS AND
SERVANTS OF THE COMMITTEE
(1) The
Committee shall appoint such officers and servants as may be necessary to
assist the Committee in the exercise of its functions under this Law and
generally for the purpose of carrying this Law into effect, and such
appointments shall be subject to such conditions as the Committee may
determine.
(2) The
chief executive officer appointed in pursuance of this Article and his deputies
so appointed shall, on appointment, take oath before the Royal Court well and
faithfully to discharge the duties of their respective offices.
[ARTICLE 4
GENERAL POWERS OF
THE COMMITTEE
In addition to
the powers specifically conferred, and to the duties imposed, upon the
Committee by this Law, it shall be lawful for the Committee to do all or any of
the following things, that is to say –
(a) to provide, or assist, financially
or otherwise, in providing, services, sports, amusements, or other facilities,
which appear to the Committee to be calculated to improve tourism;
(b) to provide, improve and maintain
amenities and conditions which appear to the Committee to be likely to affect
tourism;
(c) to establish or assist in
establishing, either in the Island or elsewhere, any form of information bureau
or agency in connexion with tourism;
(d) to prepare and publish guide-books,
itineraries, time-tables and other publications, with or without advertising matter,
for the benefit or assistance of tourists;
(e) to engage in any other kind of
publicity in connexion with tourism;
(f) to make charges for any goods
supplied or services afforded in connexion with any
of the foregoing matters.]
ARTICLE 5
REGISTERS TO BE
KEPT
* * * * * * * *
ARTICLE 6
CLASSIFICATION OF
PREMISES AND QUALIFICATION FOR REGISTRATION
* * * * * * * *3
ARTICLE 7
DUTY TO REGISTER
Subject to any
exemptions granted under Article 8 of this Law, no person shall conduct any
business in the course of which lodging, with or without board, is provided for
reward, unless the premises in which such business is conducted are registered
in pursuance of this Law:
Provided that
nothing in this Article shall require the registration of –
(a) any educational establishment; or
(b) any premises in which lodging for
reward at any one time is provided for less than the prescribed number of
persons.
[ARTICLE 7A
CLASSIFICATION OF
PREMISES
(1) For
the purposes of this Law, the Committee shall establish and maintain registers
of premises classified according to such matters relating to the general
character thereof and the type of accommodation and services provided therein,
and to such other matters as the Committee may by order prescribe:
Provided that one
such register shall relate exclusively to premises classified as holiday camps.
(2) There
shall be entered in the several registers respectively the following matters in
respect of the premises registered therein, that is to say –
(a) the full name, address and description
of the proprietor;
(b) the name of the establishment and
the address or situation of the premises;
(c) such other particulars as the
Committee may consider necessary or expedient.
(3) Premises
registered in any one of the registers shall not, while so registered, be
capable of being registered in any other of the registers.]
ARTICLE 8
EXEMPTIONS FROM
DUTY TO REGISTER
(1) The
Committee may, in its absolute discretion, grant exemptions from the provisions
of Article 7 of this Law in respect of –
(a) any establishment carried on by an
organization not conducted for profit;
(b) any establishment in which lodging
for tourists is not normally provided for reward;
and any such
exemption may be granted in respect of any establishment or any class or description
of establishments.
(2) The
Committee may attach to any exemption granted under this Article such
conditions as it thinks fit and may at any time vary such conditions or
withdraw the exemption.
ARTICLE 9
DURATION OF
REGISTRATION
Every
registration in pursuance of this Law shall expire on the thirty-first day of
December next following the date on which it takes effect but shall be
renewable annually in manner provided by this Law.
ARTICLE 10
APPLICATIONS
(1) Every
application for the registration or for the renewal of the registration of any
premises (whether or not such premises are required by this Law to be
registered) shall –
(a) be made in writing in the
prescribed form and manner;
(b) contain such particulars as may be
prescribed;
(c) in the case of an application for
registration, specify the register in which the applicant desires the premises
to be registered;
(d) in the case of an application for
renewal of registration, specify the register in which the premises are
registered;
(e) be accompanied by such fee, not
exceeding two pounds sterling, as may be prescribed; and
(f) be accompanied by a scale of
charges, in the prescribed form, which the applicant proposes to make in the
period to which the application relates.
(2) Every
application for renewal of registration shall be made in the month of October
and, if the application is not made in that month, the Committee may refuse to
renew the registration.
ARTICLE 11
REGISTRATION AND
RENEWALS
(1) Where
an application is duly made to the Committee under Article 10 of this Law, the
Committee, in the case of an application for registration, shall, and, in the
case of an application for renewal of registration, may, cause the premises to
which the application relates to be inspected by an officer of the Committee.
(2) Where
any premises have been inspected in pursuance of paragraph (1) of this Article
and the Committee is of opinion that such premises are not qualified for
registration in the register specified in the application, the Committee shall
give notice to that effect to the applicant and, if the Committee considers
that the premises are qualified for registration in some other register, shall
so notify the applicant, and such notice shall contain a statement that the
applicant may, within fourteen days after the service of the notice, make
written representations in the matter to the Committee.
(3) On
receipt of any such written representations as aforesaid or at the expiration
of the said period of fourteen days (or such longer period as the Committee in
its absolute discretion may allow), the Committee shall reconsider the
application, together with any such representations, and, if it thinks fit,
shall cause a further inspection of the premises to be made.
(4) If
no written representations have been submitted to the Committee, or if the
applicant declares himself unwilling to accept registration or renewal of
registration of the premises in such register as may have been specified by the
Committee as the register in which the premises are considered to be qualified
for registration, or if the Committee, having considered any representations
submitted by the applicant, remains of opinion that the premises are not
qualified for registration in the register specified in the application, the
Committee shall refuse the application and shall notify the applicant
accordingly:
Provided that
where written representations have been submitted to the Committee, the
Committee shall not refuse the application unless the Committee has caused a
further inspection of the premises to be made and has considered the report
made thereon.
(5) Any
further inspection in pursuance of this Article shall not be made by the same
officer as carried out the original inspection.
(6) Notwithstanding
anything contained in the foregoing provisions of this Article, the Committee
–
(a) may attach such conditions as it
thinks fit to the registration or the renewal of the registration of any
premises;
[(aa) may refuse an application for the
registration or the renewal of the registration of any premises if the
Committee is of opinion that the application ought not, in the public interest,
to be granted;]
(b) may refuse any application for the
renewal of the registration of any premises if the Committee is of opinion
that, during the preceding period of registration, the applicant has without
the consent of the Committee, made charges in excess of those specified in the
scale of charges furnished by him with his application in relation to that
period; or has otherwise conducted his business in such a manner as to bring
serious discredit on the Island as a centre for
tourists* * * *;
(c) shall refuse any application for
the registration of any premises in the register of holiday camps unless the
same business in respect of which the application is made was conducted on
those premises immediately prior to the coming into force of this Law;
(d) may refuse any application for the
renewal of the registration of any premises in the register of holiday camps
where, during the preceding period of registration, any extension has been made
to the buildings on those premises or where any additional buildings have been
erected thereon.
[In this
paragraph “register of holiday camps” means the register of
premises classified as holiday camps in pursuance of Article 7A of this Law.]
(7) Where
the Committee grants any application, the Committee shall notify the applicant
that the registration or renewal of registration will be effected upon payment
to the Committee of the appropriate prescribed fee, and, upon receipt of the
said fee, the Committee shall effect the registration or renewal of
registration.
(8) The
fees prescribed for the purposes of this Article may be so prescribed as to
vary in amount according to the register in which the relevant premises are to
be, or are, registered, and according to such other matters as the Committee
may think proper.
ARTICLE 12
PENALTY FOR
FAILURE TO REGISTER OR TO COMPLY WITH EXEMPTION OR REGISTRATION CONDITIONS
If any person
conducts any business in contravention of Article 7 of this Law, or commits a
breach of, or fails to comply with, any conditions attached to any exemption in
pursuance of Article 8 of this Law or to the registration or the renewal of the
registration of any premises in pursuance of Article 11 of this Law, he shall
for each offence be liable to a fine not exceeding one hundred pounds sterling
and to a further fine not exceeding five pounds sterling for every day during
which the offence continues.
ARTICLE 13
REGISTRATION
CERTIFICATES
(1) Where
the Committee registers, or renews the registration of, any premises, the
Committee shall issue to the registered proprietor, free of charge, a
registration certificate in respect of the premises.
(2) Every
registration certificate shall contain a sufficient description of the premises
to which it relates, the name of the proprietor, the date on which the
registration or renewal of registration expires, and such other matters as the
Committee may think fit, and shall be signed by an officer of the Committee authorized
in that behalf by the Committee.
ARTICLE 14
AMENDMENT OF
REGISTER IN CERTAIN CIRCUMSTANCES
Where it appears
to the Committee that any entry in a register is inaccurate, erroneous or
misleading, the Committee may amend or cancel the entry and amend the relevant
registration certificate accordingly.
[ARTICLE 15
CANCELLATION OF
REGISTRATION
The Committee may
at any time cancel the registration of any registered premises, and withdraw
the relevant registration certificate, on any grounds on which under paragraph
(6) of Article 11 of this Law the registration or the renewal of the
registration of the premises might be refused or on the ground that the
premises have ceased to be qualified for registration in the register in which
they are registered.]
ARTICLE 16
DISPLAY OF
REGISTRATION CERTIFICATES
(1) Every
registered proprietor shall keep his registration certificate displayed in a
prominent position in the entrance hall of the main building of his registered
premises where it may be seen by persons using the premises in the ordinary
course of business thereon, save when the certificate has been returned to the
Committee in accordance with this Law.
(2) If
any registered proprietor fails to comply with the provisions of this Article,
he shall be liable to a fine not exceeding twenty pounds sterling and to a
further fine not exceeding one pound sterling for every day during which the
offence continues.
ARTICLE 17
PRODUCTION AND
DELIVERY OF REGISTRATION CERTIFICATES
(1) A
registered proprietor shall –
(a) when required by or on behalf of
the Committee so to do, produce or deliver his registration certificate to the
Committee or to an officer of the Committee authorised
in that behalf by the Committee;
(b) deliver his registration
certificate to the Committee immediately upon the expiration of the period to
which it relates.
(2) If
any registered proprietor fails to comply with the provisions of this Article,
he shall for each offence be liable to a fine not exceeding twenty pounds
sterling and to a further fine not exceeding one pound sterling for every day
during which the offence continues.
ARTICLE 18
REPLACEMENT OF
REGISTRATION CERTIFICATES
Where a
registered proprietor satisfies the Committee that his registration certificate
has been accidentally lost, destroyed or defaced, the Committee may, upon
payment of the prescribed fee by the registered proprietor, issue a new
certificate in place thereof.
[ARTICLE 19
RESTRICTION ON
DESCRIPTION AND ADVERTISING OF PREMISES
(1) It
shall not be lawful for the proprietor of any premises not being registered
premises to describe or hold out, or procure any person to describe or hold
out, such premises as being registered premises.
(2) It
shall not be lawful for the registered proprietor of any registered premises to
print or publish, or cause to be printed or published, any advertisement or
advertising matter relating to the premises, unless the designation of the
register in which the premises are registered is stated in such advertisement
or advertising matter.
(3) If
any person acts in contravention of the provisions of this Article, he shall
for each offence be liable to a fine not exceeding fifty pounds sterling.]
ARTICLE 20
GRADING OF
REGISTERED PREMISES
(1) The
Committee may from time to time grade the premises registered in any register
according to such matters as it thinks proper.
(2) Where
any registered premises have been graded under this Article, the Committee may
at any time, if it thinks proper, withdraw the grade then allotted to such
premises and allot a different grade thereto.
(3) Where
any registered premises have been graded under this Article, it shall not be
lawful for the registered proprietor thereof to describe or hold out such
premises as being of a grade other than that for the time being allotted
thereto.
(4) If
any registered proprietor acts in contravention of paragraph (3) of this
Article, he shall for each offence be liable to a fine not exceeding fifty
pounds sterling.
ARTICLE 21
DEVOLUTION AND
TRANSFER OF REGISTERED PREMISES
(1) In
the event of the death of the registered proprietor of any registered premises,
the following provisions shall have effect, that is to say –
(a) the death of the registered
proprietor shall not of itself terminate the registration of the premises;
(b) the person charged with the
administration of the estate of the deceased registered proprietor, shall be
entitled, on application in the prescribed form and manner to the Committee, to
be registered as the registered proprietor of the premises;
(c) until such registration as
aforesaid, the person actually carrying on the business conducted on the
premises shall be deemed to be the registered proprietor thereof.
(2) Where
the registered proprietor (in this paragraph referred to as “the
transferor”) of any registered premises transfers, on sale or otherwise,
the business conducted on the premises to another person (in this paragraph
referred to as “the transferee”), the following provisions shall
have effect, that is to say –
(a) subject as hereinafter provided,
the Committee shall, on application made by the transferee in the prescribed
form and manner and on payment of the prescribed fee, and on being satisfied
that the transferee has become the proprietor of the premises, register him as
the proprietor thereof:
[Provided that
the Committee may refuse such registration on any grounds on which under
Article 15 of this Law it would be entitled to cancel the registration;]
(b) where the Committee refuses such
registration, then, unless the transferor resumes the conduct of the business
forthwith, the Committee shall cancel the registration of the premises:
* * * * * * *
(c) the transferee shall, on being
registered as aforesaid, be entitled to the benefit of any application to the
Committee made by the transferor in relation to the premises and then pending,
and shall be entitled to prosecute such application as if it had been made by
him;
(d) notwithstanding any such transfer
as aforesaid, the transferor shall be treated as the registered proprietor of
the premises, for all the purposes of this Law, until the transferee is
registered as the proprietor thereof.
[ARTICLE 22
RIGHT OF APPEAL
(1) Any
person aggrieved by the refusal of the Committee to register or renew the
registration of any premises, or by the conditions attached to the registration
or the renewal of the registration of any premises, or by the amendment or the
cancellation by the Committee of the registration of any premises or by the
refusal of the Committee to transfer the registration of any premises, may,
within two months of the date of the notification of the decision of the
Committee in the matter, appeal to the Inferior Number of the Royal Court, on
the ground that the decision of the Committee was unreasonable having regard to
all the circumstances of the case.
(2) Any
appeal under this Article may be heard and determined either in term or in
vacation.]
ARTICLE 23
POWER TO OBTAIN
INFORMATION
(1) The
Committee, if it thinks it necessary so to do for the purpose of carrying this
Law into effect, may by direction given with respect to any registered
premises, or by order made with respect to any class or description of
registered premises, require the registered proprietor of the premises or of
any premises of that class or description –
(a) to keep such books, accounts and
records relating to the premises, and to the business conducted thereon, as may
be prescribed by the direction, or by the order or a notice served thereunder, as the case may be;
(b) to furnish, at such times, in such
manner and in such form as may be so prescribed, such estimates, returns or
information relating to the premises and to the business conducted thereon as
may be so prescribed.
(2) For
the purposes of this Article “registered premises” includes any
premises in respect of which an exemption under Article 8 of this Law has been
granted and the expression “registered proprietor” shall be
construed accordingly.
(3) If
any person refuses or without lawful excuse fails to comply with any
requirement made in pursuance of this Article or, in complying with any such
requirement, furnishes or causes to be furnished any estimate, return or
information which he knows to be false in a material particular, he shall be
liable to a fine not exceeding fifty pounds sterling.
ARTICLE 24
INSPECTION
(1) Any
officer of the Committee generally or specially authorized in writing in that
behalf (in this Article referred to as an “inspector”) shall be
entitled at all reasonable times, subject to the production by him if so
required of evidence of his authority, to enter and inspect any registered
premises or any premises in respect of which an exemption under Article 8 of
this Law has been granted or an application for registration has been made or
on which he has reason to believe that a business is being conducted in
contravention of this Law, and to require the proprietor of those premises, or
any person employed therein to furnish to him such information in relation to
those premises and to the business conducted thereon as may be reasonably necessary
for the purposes of the administration of this Law.
(2) Every
person who –
(a) obstructs or impedes an inspector
in the exercise of any of the powers conferred by this Article; or
(b) fails or refuses to give to an
inspector on demand any information which such inspector is entitled to demand
under this Article; or
(c) wilfully gives to an inspector information
which is false or misleading in a material particular;
shall be liable
to a fine not exceeding one hundred pounds sterling.
ARTICLE 25
EVIDENCE OF
CONTENTS AND INSPECTION OF REGISTERS
(1) Prima
facie evidence of an entry in any register may be given in any court or in any
legal proceedings by the production of a copy of such entry purporting to be
certified to be a true copy by an officer of the Committee authorized in that
behalf by the Committee and it shall not be necessary to prove the signature of
such officer or that he was in fact such officer or was in fact so authorized.
(2) A
certificate purporting to be signed by an officer of the Committee authorized
in that behalf by the Committee, that any premises specified in such
certificate are not entered in the register specified in such certificate shall
be conclusive evidence of the matters so certified, and it shall not be necessary
to prove the signature of such officer, or that he was in fact such officer or
was in fact so authorized.
ARTICLE 26
DISPLAY OF SCALE
OF CHARGES
(1) The
Committee may require any registered proprietor to display in such places in
his registered premises, such and so many lists in easily legible form, as it
thinks proper, of the scale of charges for the time being applicable in respect
of such premises.
(2) If
any registered proprietor fails to comply with any requirement made in
pursuance of this Article, he shall be liable to a fine not exceeding twenty
pounds sterling and to a further fine not exceeding one pound sterling for
every day during which the offence continues.
ARTICLE 27
EXTERNAL SIGNS
(1) The
Committee may supply to registered proprietors signs suitable for display on
the outside of their registered premises in such form and containing such
information relating to the premises as the Committee thinks proper.
(2) It
shall be the duty of a registered proprietor to whom a sign has been supplied by
the Committee under this Article to keep such sign displayed in a prominent
position outside and at or near the principal entrance to his registered
premises, and if he fails to do so he shall be liable to a fine not exceeding
ten pounds sterling and to a further fine not exceeding one pound sterling for
every day during which the offence continues.
(3) If
any registered proprietor, without the authority of the Committee, displays
outside his registered premises any sign indicating the classification or grading
of such premises, other than sign supplied by the Committee under this Article,
he shall for each offence be liable to a fine not exceeding ten pounds sterling
and to a further fine not exceeding one pound sterling for every day during
which the offence continues.
ARTICLE 28
ANNUAL LIST OF
REGISTERED PREMISES
(1) The
Committee shall publish or cause to be published at least once in every year a
list of registered premises arranged so as to show separately premises
registered in the several registered, including, in respect of any premises
mentioned in the list, such information as the Committee thinks proper in
relation to the classification or grading of such premises, the scale of
charges applicable in respect thereof and any other matter of interest to
tourists.
(2) Notwithstanding
anything contained in paragraph (1) of this Article, where any registered
proprietor requests the Committee to omit his registered premises from the list
of registered premises for any year, the Committee may omit such premises from
the said list if, having regard to all the circumstances of the case, it thinks
proper.
ARTICLE 29
SERVICE OF
NOTICES, ETC
Service of any
notice, requirement or other document under or for the purposes of this Law may
be effected either –
(a) by delivering it to the person on
whom it is to be served;
(b) by leaving it at the usual or last
known place of abode of that person or, in the case of a company, at its
registered office or its principal place of business;
(c) by sending it by post in a prepaid
letter addressed to that person at his usual or last known place of abode or,
in case of a company, at its registered office or its principal place of
business; or
(d) in the case of an applicant for
registration or renewal of registration, by sending it by post in a prepaid
letter addressed to the applicant at the premises to which the application
relates.
ARTICLE 30
OFFENCES BY
MANAGERS, AGENTS, ETC
Where an offence
for which the proprietor of any premises is liable under this Law has, in fact,
been committed by some manager, agent, servant or other person, the manager,
agent, servant or other person, as well as the proprietor, shall be deemed to
be guilty of that offence and shall be liable to be prosecuted and punished
accordingly.
ARTICLE 31
FALSIFICATION AND
WRONGFUL USE OF REGISTRATION CERTIFICATES
(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 person, a
registration certificate; or
(b) makes or has in his possession any
document so closely resembling a registration certificate as to be calculated
to deceive; he shall for each offence be liable to a fine not exceeding one
hundred pounds sterling or to imprisonment for a term not exceeding six months,
or to both such fine and such imprisonment.
(2) If
any person, for the purpose of procuring, whether for himself or any other
person, the issue or the variation of a registration certificate, makes any
statement which he knows to be false or recklessly makes any statement which is
false or withholds any material information, he shall for each offence be
liable to a fine not exceeding one hundred pounds sterling or to imprisonment
for a term not exceeding six months, or to both such fine and such
imprisonment.
ARTICLE 32
ORDERS
(1) The
Committee may make orders prescribing anything which is by this Law to be
prescribed and generally for the purpose of carrying this Law into effect, and
any such order may prescribe penalties, not exceeding a fine of ten pounds
sterling, for infractions thereof.
(2) Every
order made under this Article –
(a) shall come into force on the date
prescribed thereby;
(b) may be amended or revoked by a
subsequent order;
(c) shall remain in force until revoked;
and
(d) shall be laid before the States as
soon as may be after its made, and if the States, within the period of
twenty-one days beginning with the day on which any such order is laid before
them, resolve that it be annulled, it shall cease to have effect, but without
prejudice to anything previously done thereunder or
to the making of any new order.
(3) The
Greffier of the States shall cause every order made
under this Article to be printed and shall cause to be published in two
newspapers circulating in the Island, one being a publication in French and the
other a publication in English, a notice stating that the order
has been made, the date of the coming into force thereof and the place at which
printed copies thereof may be purchased.
ARTICLE 33
FEES AND EXPENSES
(1) All
fees received in pursuance of this Law shall be credited to the General
Revenues of the States.
(2) All
expenses incurred in the administration of this Law shall be defrayed out of
the General Revenues of the States.
ARTICLE 34
REVOCATION AND
CONSEQUENTIAL PROVISIONS
(1) The
“Loi (1937) sur le
Tourisme” and the “Loi
(1946) (Amendement No. 2) sur
le Tourisme” are hereby revoked.
(2) In
the “Loi (1932) sur
la vente et la consommation
de liqueurs spiritueuses dans
cette Ile”,
references to the “Lois (1937 à 1946) sur le Tourisme” shall be
construed as references to this Law and references to the Inspector and a
Sub-Inspector appointed in pursuance of the “Loi
(1937) sur le Tourisme”
shall be construed as references to officers of the Committee appointed in
pursuance of this Law.
ARTICLE 35
COMMENCEMENT
This Law shall
come into force on such day or days as the States may by Act appoint
and different days may be fixed for different purposes and different provisions
of this Law.
ARTICLE 36
SHORT TITLE
This Law may be
cited as the Tourism (Jersey) Law, 1948.