Jersey Law 2/1967
“PLACES OF REFRESHMENT (JERSEY) LAW, 1967”,
CONFIRMÉ PAR
Ordre
de Sa Majesté en Conseil
en date du 10 février 1967.
____________
(Enregistré
le 17 mars 1967).
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ARRANGEMENT OF
ARTICLES.
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Article
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1.
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Interpretation
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2.
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Duty to register
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3.
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Exemptions
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4.
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Applications for registration etc.
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5.
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Inspection of premises
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6.
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Provisions as to registration
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7.
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Registration certificates
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8.
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Grounds for refusal of application for registration
etc.
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9.
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Cancellation of registration
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10.
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Notice of refusal, cancellation etc.
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11.
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Right of appeal
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12.
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Conduct of registered premises
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13.
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Permitted hours
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14.
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Orders
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15.
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Service of notices
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16.
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Penalties
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17.
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Saving
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18.
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Repeal and transitional provisions
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19.
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Short title and commencement
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Schedule
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PLACES OF REFRESHMENT (JERSEY) LAW, 1967.
A LAW to
provide for the registration of places of refreshment and of persons carrying
on and managing such places, for the proper conduct and control of such places,
and for matters in connexion therewith, sanctioned by
Order of Her Majesty in Council of the
10th day of FEBRUARY, 1967.
____________
(Registered on the 17th day of
March, 1967).
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STATES OF JERSEY.
____________
The 25th day of
October, 1966.
____________
THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law : -
ARTICLE 1
INTERPRETATION
(1) In
this Law, unless the context otherwise requires –
“applicant” means the person named as proprietor in an
application for the registration, or for the renewal of the registration, of a
place of refreshment ;
“the Committee” means the Tourism Committee ;
“contravene” includes failure to comply, and
“contravention” shall be construed accordingly ;
“officer” in relation to a body corporate, means any
director, manager, secretary or other similar officer of the body corporate,
and any person purporting to act in any such capacity ;
“permitted hours” has the meaning assigned to it by
Article 13 of this Law ;
“place of refreshment” means any restaurant,
café, snack-bar, tea shop, canteen or any other place at which meals or
refreshments are sold for consumption on the premises ;
“prescribed” means prescribed by order made by the
Committee under this Law ;
“proprietor” means the person having the ownership of
the business of a place of refreshment and, in relation to a particular place
of refreshment, means the proprietor of that place of refreshment ;
“registered premises” means a place of refreshment for
the time being registered under this Law.
(2) References
in this Law to any other enactment shall be construed, unless the context
otherwise requires, as references to that enactment as amended by or under any
other enactment, and as including references to any enactment repealing and
re-enacting that enactment with or without further amendment.
ARTICLE 2
DUTY TO REGISTER
Except as provided by Article 3 of this Law, no person shall carry
on a place of refreshment otherwise than on registered premises.
ARTICLE 3
EXEMPTIONS
The provisions of Article 2 of this Law shall not apply to any
place of refreshment –
(a) in respect of which
there is for the time being in force a licence within
the meaning of the Licensing (Jersey) Law, 1950 ;
(b) not being a place of
refreshment such as is mentioned in sub-paragraph (a) of this Article, forming part of premises for the time being
registered, or exempted from registration, under the Tourism (Jersey) Law,
1948, and in which meals or refreshments are sold only to
persons resident on those premises or on premises lawfully used in connexion therewith;
(c) forming part of the
premises of any school, and in which meals or refreshments are sold only to
pupils at, and to members of the staff of, the school;
(d) provided in connexion with any factory or other work place, and in
which meals or refreshments are sold only to persons in the employment of the
occupier of the factory or other work place ;
(e) where the only
refreshments sold consist of ice-cream and non-alcoholic drinks ;
and to such other places of refreshment as the Committee, in its
absolute discretion, may exempt from those provisions either wholly or in
respect of some particular event.
ARTICLE 4
APPLICATIONS FOR REGISTRATION ETC
(1) An
application for registration or for renewal of registration shall be made in
such form, shall contain such particulars, shall be accompanied by such
documents, and shall be made in such manner, as the Committee may require, and
each such application shall be accompanied by a fee of one pound.
(2) Applications
as aforesaid shall be delivered to the Committee in accordance with the
following provisions of this paragraph, that is to say –
(a) in the case of an
application for the registration of a place of refreshment –
(i) being
carried on at the day of the promulgation of this Law, not later than the
thirtieth day next following that day;
(ii) not
being so carried on, not later than the thirtieth day next before the day on
which it is proposed to open the place of refreshment;
(b) in the case of an
application for the renewal of the registration of a place of refreshment, not
later than the thirtieth day next before the day on which the existing
registration will expire under the provisions of paragraph (4) of Article 6 of
this Law.
(3) The
Committee may require an applicant to furnish such additional information in connexion with his application as the Committee may think
necessary for the purposes of this Law and, without prejudice to the generality
of the foregoing provisions of this paragraph, such additional information may
include information as to the persons having any financial interest in the
place of refreshment to which the application relates, and as to the nature and
extent of such financial interest.
ARTICLE 5
INSPECTION OF PREMISES
Where application is duly made under Article 4 of this Law, the
Committee, in the case of an application for registration shall, and in the
case of an application for the renewal of registration may, cause the premises
to which the application relates to be inspected by competent persons who shall
be required to report to the Committee in writing on the state and condition of
the premises with particular regard to the provision of toilet, including
personal washing, facilities, to the precautions against fire, and to the
provision made for the safety of persons in case of fire.
ARTICLE 6
PROVISIONS AS TO REGISTRATION
(1) Where,
on an application duly made under Article 4 of this Law, the Committee
registers or, as the case may be, renews the registration of a place of
refreshment, such registration, so long as it remains in force, shall operate
as the registration of the premises of the place of refreshment and of the
proprietor and manager of the registered premises named in the registration
certificate issued, under Article 7 of this Law, in respect of the registered
premises.
(2) The
Committee may attach such conditions as it thinks fit to the registration or
renewal of registration of a place of refreshment.
(3) Subject
to the provisions of paragraph (6) of this Article, registration under this Law
shall expire forthwith on the person named as proprietor in the registration
certificate issued as aforesaid ceasing to be the proprietor of the registered
premises.
(4) Except
as provided by paragraph (3) and sub-paragraph (a) of paragraph (7) of this Article, every registration, unless
previously cancelled under the provisions of Article 9 of this Law, shall
expire on the last day of April next following the day on which the
registration comes into effect, but shall be renewable annually in manner
provided by or under this Law.
(5) Registration
shall not be renewed with effect from a day other than that next following the
day on which the existing registration expires under paragraph (4) of this
Article nor otherwise than in respect of the proprietor named in the
registration certificate issued as aforesaid in respect of the existing
registration.
(6) Where
the proprietor of any registered premises –
(a) dies; or
(b) becomes incapable by
reason of mental or physical disease or disability; or
(c) becomes bankrupt; or
(d) being a body corporate,
is in liquidation; or
(e) appoints an attorney
without whom he may not act in matters real or personal; or
(f) has a curator
appointed to his person or to administer his property; or
(g) becomes subject to
some, or some other, legal disability other than –
(i) the
cancellation of registration under Article 9 of this Law; or
(ii) his
conviction of any offence, whether under this Law or under any other enactment,
in connexion with the registered premises;
and, by reason of that event, the property in, or control of, the
registered premises is transferred to his legal personal representative or, in
the case of a body corporate in liquidation to the person (hereinafter referred
to as “the liquidator”) responsible for carrying out the
liquidation of the affairs of the body corporate, the legal personal
representative or the liquidator, as the case may require, may make application
in writing to the Committee for the registration of himself as proprietor of
the registered premises, and the Committee, if satisfied that no circumstances
make such registration undesirable, may so register such legal personal
representative or such liquidator and, in such a case, the provisions of paragraph
(3) of this Article shall not apply.
(7) Where
–
(a) a proprietor is absent
from the Island for a period exceeding seven consecutive days, the registration
of the place of refreshment shall expire at the end of the seventh day on which
he is so absent unless, before the end of that day, he has notified the
Committee in writing of the full name and address, and of the date and place of
birth, of the person proposed by him to carry on the registered premises in his
absence and has received from the Committee confirmation in writing of its
approval of the person so proposed together with a statement of the period for
which such approval shall remain in force:
Provided that the provisions of this sub-paragraph shall not apply
where the person who will carry on the registered premises is the person named
as manager thereof in the registration certificate issued under Article 7 of
this Law ;
(b) during the time that
the registration of a place of refreshment is in force, the person named as
manager thereof in the registration certificate issued as aforesaid ceases, or
is about to cease, to act as such, the proprietor shall notify the Committee in
writing of the fact, and of the full name and address, and of the date and
place of birth, of the person proposed by him to act as manager, and the
proprietor shall not appoint any person so to act until he has received from
the Committee confirmation in writing that it is prepared to register the
person so proposed :
Provided that where the proprietor proposes himself to act as
manager in the place of the person named as aforesaid, it shall be sufficient
compliance with the provisions of this sub-paragraph if he notifies the
Committee in writing that he proposes so to act and of the date on which he
will begin to do so.
ARTICLE 7
REGISTRATION CERTIFICATES
(1) Where
the Committee registers, or renews the registration of, a place of refreshment,
the Committee shall issue a registration certificate to the proprietor of the
registered premises.
(2) Every
registration certificate shall contain –
(a) a sufficient
description of the registered premises;
(b) the full name of the
proprietor;
(c) the full name of the
person having the management of the registered premises;
(d) the conditions (if any)
attached to the registration;
(e) the date on which,
under the provisions of paragraph (4) of Article 6 of this Law, the
registration will expire;
(f) such other
particulars (if any) as the Committee may think fit.
(3) Where,
under sub-paragraph (b) of paragraph
(7) of Article 6 of this Law, a person, other than the person named as manager
in a registration certificate issued in pursuance of paragraph (1) of this
Article, is subsequently registered as the manager of any registered premises,
the Committee shall issue a registration certificate in substitution for the
registration certificate issued in pursuance of the said paragraph (1).
(4) The
proprietor shall keep the registration certificate issued in pursuance of
paragraph (1) or (3) of this Article conspicuously displayed at all times in
the registered premises.
(5) The
proprietor shall deliver up to the Committee a registration certificate issued
to him as aforesaid, forthwith on –
(a) the expiration of the
registration under the provisions of paragraph (3), (4) or (7) of Article 6 of
this Law ;
(b) the cancellation of the
registration under the provisions of Article 9 of this Law ;
(c) being required so to do
by or on behalf of the Committee.
(6) If
a proprietor contravenes any provision of paragraph (4) or (5) of this Article,
he shall be liable in respect of each contravention to a fine not exceeding
twenty pounds and to a further fine not exceeding two pounds for each day
during which the contravention continues.
(7) Where
a proprietor satisfies the Committee that his registration certificate has been
lost, or accidently destroyed or defaced, the
Committee may issue to him a new registration certificate on payment by him of
such fee, not exceeding one pound, as the Committee may require.
ARTICLE 8
GROUNDS FOR REFUSAL OF APPLICATION FOR REGISTRATION ETC
(1) The
Committee shall refuse an application for registration, or for the renewal of
registration, in any case where –
(a) the Committee is not
satisfied that the applicant, or where the applicant is a body corporate any officer
of the body corporate, or a person named as manager in such application, is, or
satisfactory evidence is produced that he is not, a fit and proper person to be
registered or, as the case may be, to be an officer of a body corporate
registered, under this Law; or
(b) the applicant, or where
the applicant is a body corporate any officer of the body corporate, or a
person named as manager in such an application, has been convicted of an
offence under this Law in respect of which a penalty is provided by paragraph
(2) of Article 16 thereof, of any offence against public decency, of any
offence involving fraud or dishonesty, or of an offence under any of the
following enactments, that is to say –
(i) “Loi (1895) modifiant le droit criminel”;
(ii) Pharmacy,
Poisons and Medicines (Jersey) Law, 1952;
(iii) Dangerous
Drugs (Jersey) Law, 1954;
(iv) Drugs
(Prevention of Misuse) (Jersey) Law, 1964; or
(c) it appears to the
Committee that the applicant –
(i) not
being a body corporate, is under the age of twenty years; or
(ii) not
being a body corporate, is not ordinarily resident in the Island; or
(iii) being
a body corporate, is not incorporated in the Island; or
(iv) is a
person, or where the applicant is a body corporate any officer of the body
corporate is a person, or the person named as manager in the application is a
person, disqualified under Article 9 of this Law, or under Article 18 of the
Food and Drugs (Jersey) Law, 1966, during
such time as the disqualification remains in force:
Provided that in a case where a person disqualified under the said
Article 18 is so disqualified only in respect of specified premises, the
provisions of this clause shall apply only in respect of those premises; or
(d) the applicant, or where
the applicant is a body corporate any officer of the body corporate, or the
person named as manager in the application, has, within the twelve months
immediately preceding the date of the application, been refused registration or
the renewal of registration, under the provisions of sub-paragraph (a) or (b) of this paragraph; or
(e) the Committee is
satisfied that, if the application were to be granted, the registered premises
would be carried on for the benefit of, or would be managed by, a person who
would himself be refused registration under any of the foregoing provisions of
this paragraph:
Provided that where an application for renewal of registration is
made by the lawful guardian, not being himself a person who would be refused
registration under the said provisions, of a minor child of a deceased
proprietor for the purpose of carrying on the registered premises for the
benefit of such minor child, the application shall not be refused by reason
only that the registered premises would be carried on for the benefit of a
person under twenty years of age or for the benefit of a person, if such be the
case, who is not ordinarily resident in the Island; or
(f) the report of an
inspection under Article 5 of this Law shows that the premises in respect of
which the application is made are unsuitable for registration or for the
renewal of registration:
Provided that, in the case of a place of refreshment which is being
carried on immediately before the coming into force of this Law, the Committee
may grant an application for the registration of that place of refreshment,
notwithstanding that it is so shown to be unsuitable, if the applicant
satisfies the Committee that, during the time the registration remains in force
without renewal, the works so shown to be necessary to make the place of
refreshment suitable for registration will be undertaken and brought to
completion to the satisfaction of the Committee; or
(g) an application is made
otherwise than in accordance with Article 4 of this Law.
(2) The
Committee may refuse an application for registration, or for the renewal of
registration, in any case where –
(a) during the time that
the applicant, or in a case where the applicant is a body corporate any officer
of the body corporate, was the proprietor or the manager of any registered premises,
those registered premises were not properly conducted; or
(b) it appears to the
Committee that the registration, or the renewal of the registration, of the
premises to which the application relates would –
(i) injuriously
affect the health or comfort of, or would seriously impair the amenities
enjoyed by, persons residing in the neighbourhood of
the premises; or
(ii) result
in undue congestion of traffic; or
(iii) prejudice
the preservation of law and order.
(3) Where,
under the provisions of this Article, the Committee has refused an application
for registration, or for the renewal of registration, otherwise than on the
grounds set out in sub-paragraph (f)
of paragraph (1) of this Article, and the decision of the Committee refusing
the application has not been appealed against under the provisions of Article
11 of this Law, or having been so appealed against, the appeal has been
abandoned, or has failed for want of prosecution, or has not succeeded, the
Committee shall not take into consideration any further application –
(a) by whomsoever made, in
respect of the premises the application for the registration, or for the
renewal of the registration, of which was so refused;
(b) made by the applicant
whose application was refused as aforesaid, or to which, whether as an officer
of a body corporate or otherwise, he is a party, or in which he is named as
manager;
until the next following time for the making of application for the
renewal of registration at the expiry thereof.
ARTICLE 9
CANCELLATION OF REGISTRATION
(1) Subject
to the provisions of this Law, the Committee may at any time cancel a
registration on any ground on which registration might be refused.
(2) The
provisions of paragraph (3) of Article 8 of this Law shall apply where a
registration is cancelled as they apply where an application for registration,
or for renewal of registration, is refused.
(3) Where,
under Article 18 of the Food and Drugs (Jersey) Law, 1966, the court
orders that a person be disqualified from using specified premises or, as the
case may be, any premises as catering premises, the order of the court shall
have effect, except in a case where the specified premises are not also
registered premises, so as to cancel the registration.
(4) Where,
under Article 18 of the Food and Drugs (Jersey) Law, 1966,8 a person is
disqualified, the Judicial Greffier shall, as soon as
may be, deliver to the Committee a copy of the order of the Court disqualifying
that person.
ARTICLE 10
NOTICE OF REFUSAL, CANCELLATION ETC
(1) The
Committee shall not –
(a) refuse an application
for registration or renewal of registration; or
(b) attach to any
registration a condition, other than a condition attaching to all
registrations; or
(c) cancel a registration
under paragraph (1) of Article 9 of this Law;
unless it has given to the applicant or the proprietor, as the case
may be, not less than seven days’ notice in writing of its intention to
do so and of its reasons for so doing, and every such notice shall contain an
intimation that if, within the period of such notice, the applicant or the
proprietor informs the Committee in writing that he desires so to do, the
Committee, before refusing the application, or attaching the condition, or cancelling the registration, will afford him an opportunity
of being heard in person or by a representative, against such refusal or
cancellation or the attachment to the registration of such condition.
(2) If,
after affording an applicant or a proprietor, as the case may be, an
opportunity of being heard, the Committee decides to refuse the application, to
attach the condition, or to cancel the registration, it shall give him notice
in writing of its decision and, if so requested in writing by him, shall,
within seven days of receiving such a request, give to him a statement in
writing of the reasons for the decision.
ARTICLE 11
RIGHT OF APPEAL
(1) Any
person aggrieved by –
(a) the refusal of an
application for registration or for renewal of registration, other than a
refusal under sub-paragraph (g) of
paragraph (1) of Article 8 of this Law; or
(b) a condition attached to
a registration, other than a condition attaching to all registrations; or
(c) the cancellation of a
registration under paragraph (1) of Article 9 of this Law;
may, within the fifteen days next following the day on which notice
of the decision of the Committee was given to him under paragraph (2) of
Article 10 of this Law, appeal to the Inferior Number of the Royal Court, in
term or in vacation, on the ground that the decision of the Committee was
unreasonable having regard to all the circumstances of the case, and the
decision of the Inferior Number of the Royal Court shall be final and without
further appeal, but without prejudice to the right of the Inferior Number to
refer the matter to the Superior Number of the Royal Court.
(2) Where
any person appeals against the cancellation of a registration or against a
condition attaching to a registration, the cancellation of the registration,
or, as the case may be, the condition attached, shall not take effect until the
appeal is abandoned or determined.
ARTICLE 12
CONDUCT OF REGISTERED PREMISES
(1) The
proprietor shall take all such steps as are necessary to ensure that –
(a) there shall not take
place on the registered premises –
(i) any
disorderly or indecent conduct, or any other unlawful act;
(ii) any
dancing or cabaret, otherwise than with the permission of the Bailiff nor
otherwise than in accordance with any conditions attaching to such permit;
(b) during the hours that
the registered premises are open for the sale of meals or refreshments, there
shall be kept displayed –
(i) at
the exterior of, and in close proximity to, each entrance to the registered
premises, being an entrance normally used by customers;
(ii) in
such manner as to be easily readable by customers, in each room on the
registered premises in which meals or refreshments are served to customers; at
least one list specifying the prices to be charged for meals and refreshments
served on the registered premises, the list displayed in pursuance of clause (i) of this sub-paragraph being kept illuminated at all
times during such hours when illumination is necessary to enable the list to be
easily readable by members of the public;
(c) a price in excess of
the appropriate price specified in lists displayed in pursuance of
sub-paragraph (b) of this paragraph
is neither demanded nor received for any meal or refreshment;
(d) the registered premises
shall at all times be conducted and managed in accordance with –
(i) such
conditions as may be attached to the registration;
(ii) such
other conditions as may be prescribed.
(2) Without
prejudice to any other right to refuse to admit to, or to expel from, premises,
in the case of registered premises the proprietor and any agent or servant of
his may refuse to admit to, or may expel from, the registered premises any
person whose conduct or presence on the registered premises would, or would be
likely to, subject the proprietor or any agent or servant of his to a penalty
under this Law or under any other enactment.
(3) A
police officer, on the request of the proprietor or of any agent or servant of
his, may help to expel from registered premises any person whom the police
officer has reasonable cause to believe to be liable to be expelled therefrom
under this Article, and a police officer may use such force as may be required
for the purpose.
(4) If
any person liable to be expelled from registered premises under this Article
when requested by the proprietor, any agent or servant of the proprietor, or
any police officer to leave the premises fails to do so, he shall be liable, in
respect of such failure, to a fine not exceeding twenty-five pounds.
(5) The
Constable or a Centenier of any parish and, with the
permission of the Constable, any other police officer may enter on any
registered premises within the parish for the purpose of ascertaining whether
the provisions of this Law are being complied with, and any person who
obstructs a police officer in the exercise of his powers under this paragraph
shall be liable to a fine not exceeding fifty pounds:
Provided that, if the court is satisfied that he committed the
offence with intent to prevent the discovery of some other offence, whether
under this Law or under any other enactment, he shall be liable to the
penalties provided by Article 16 of this Law.
ARTICLE 13
PERMITTED HOURS
(1) Subject
to the provisions of this Article, no registered premises, other than
registered premises within the Port of Saint Helier
or Saint Peter’s Airport, shall be open for the serving of customers
outside the hours (in this Law referred to as the “permitted
hours”) specified in Part I of the Schedule to this Law.
(2) In
any proceedings for a contravention of paragraph (1) of this Article, it shall
be a defence for the person charged to prove that the
person in relation to whom the contravention is alleged entered the registered
premises during the permitted hours and left those premises not later than half
an hour after the latest of those hours.
(3) Notwithstanding
the provisions of paragraph (1) of this Article, the Constable of the parish in
which are situate any registered premises may grant a permit in such form as
the Committee may determine authorizing the proprietor to open the registered
premises for the serving of customers during the hours specified in Part II of
the Schedule to this Law, and, where such a permit is in force in respect of
any registered premises, the hours so specified shall be deemed also to be
permitted hours in relation to those registered premises.
(4) The
Constable shall charge such fee, not exceeding one pound, as may be determined
by the Committee for the grant of a permit under paragraph (3) of this Article,
and all such fees shall be credited to the revenues of the parish.
(5) The
Constable may, at any time, revoke a permit granted under paragraph (3) of this
Article and, unless previously revoked, a permit shall remain in force until
the expiry or, as the case may be, the cancellation, of the registration of the
premises in respect of which it was granted.
(6) The
provisions of paragraph (1) of Article 11 of this Law shall apply in a case
where a Constable refuses the grant of, or revokes, a permit as if, for any
reference in the said paragraph (1) –
(a) to the Committee there
were substituted a reference to the Constable;
(b) to notice given under
paragraph (2) of Article 10 there were substituted a reference to notice given
by the Constable;
(c) to the refusal of an
application for, and to the cancellation of, registration there were
substituted a reference to the refusal of the grant, and to the revocation, of
a permit.
(7) Where,
in relation to any registered premises, a permit is granted under paragraph (3)
of this Article, the proprietor shall –
(a) keep the permit
displayed in a conspicuous position in the registered premises;
(b) when required so to do
by the Constable, or by any person authorized in that behalf by the Constable,
produce or deliver up the permit to the Constable or to such authorized person;
(c) deliver up the permit
to the Constable forthwith on the expiry thereof.
(8) Nothing
in this Article shall be taken as requiring registered premises to be open for
the serving of customers throughout the permitted hours.
(9) The
States may by regulations vary the Schedule to this Law and, where the Schedule
is so varied, this Law shall have effect, so long as the regulations remain in
force, as if the Schedule as so varied were substituted for the Schedule
contained in this Law –
ARTICLE 14
ORDERS
(1) The
Committee may make orders for prescribing anything which, under this Law, is
authorized to be prescribed.
(2) The
Subordinate Legislation (Jersey) Law, 1960 shall
apply to orders made under this Law.
ARTICLE 15
SERVICE OF NOTICES
(1) Any
notice required by this Law to be given –
(a) to the Committee may be
given by leaving it at an office of the Committee ;
(b) to a person being a
body corporate shall be duly given if it is given to the secretary or clerk of
the body corporate.
(2) Subject
to the provisions of this Article, any notice required by this Law to lie given
to any person may be given –
(a) by delivering it to
that person ; or
(b) by leaving it at his
proper address ; or
(c) by registered post ; or
(d) by the recorded
delivery service.
ARTICLE 16
PENALTIES
(1) No
person shall –
(a) for the purpose of
obtaining registration, or renewal of registration, whether for himself or for
any other person, make any declaration or statement, or give any information,
or produce or utter any document, or produce any evidence, knowing the same to
be false in a material particular ; or
(b) with intent to deceive
–
(i) make,
alter or use, or lend to or allow to be used by any other person, a
registration certificate, or a permit to which paragraph (3) of Article 13 of
this Law refers ; or
(ii) make,
or have in his possession, any document so closely resembling a registration
certificate, or a permit as aforesaid, as to be calculated to deceive.
(2) Any
person who contravenes any provision of this Law, being a contravention for
which no special penalty is provided by this Law, shall be liable in respect of
each offence to a fine not exceeding two hundred and fifty pounds or to
imprisonment for a term not exceeding twelve months or to both such fine and
such imprisonment.
(3) Where
a contravention as aforesaid for which –
(a) a proprietor is liable
has, in fact, been committed by some manager, agent, servant or other person ;
or
(b) a body corporate is
liable has, in fact, been committed with the consent or connivance of any
officer of the body corporate ;
that manager, agent, servant or other person or, as the case may
be, that officer as well as the proprietor or, as the case may be, the body
corporate shall be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
ARTICLE 17
SAVING
The provisions of this Law are in addition to, and not in
derogation of, the provisions of any other enactment.
ARTICLE 18
REPEAL AND TRANSITIONAL PROVISIONS
(1) The
Places of Refreshment (Jersey) Law, 1958 is
hereby repealed.
(2) Where,
immediately before the coming into force of this Law, there is subsisting a
permit granted under Article 3 of the Law hereby repealed in respect of a place
of refreshment registered under this Law at the coming into force thereof, that
permit shall continue to have effect as though granted under Article 13 of this
Law.
ARTICLE 19
SHORT TITLE AND COMMENCEMENT
(1) This
Law may be cited as the Places of Refreshment (Jersey) Law, 1967.
(2) This
Law shall come into force on the first day of the third month next following
that in which it is promulgated.
SCHEDULE
(Article 13)
PERMITTED HOURS
PART I
GENERAL
On any day other than –
(a) a Monday, the Saturday
in Holy Week and Boxing Day, until one o’clock in the morning ;
(b) a Sunday, Good Friday
and Christmas Day, from six o’clock in the morning until midnight.
PART II
UNDER PERMIT
GRANTED BY A CONSTABLE
On a Sunday, Good Friday and Christmas Day, from nine o’clock
in the morning until midnight.
A.D. LE BROCQ,
Greffier of the States.