Jersey Law 9/1980

 

PLACES OF REFRESHMENT (AMENDMENT No.3) (JERSEY) LAW, 1980.

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A LAW     to amend further the Places of Refreshment (Jersey) Law, 1967, sanctioned by Order of Her Majesty in Council of the

 

21st day of MAY, 1980.

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(Registered on the 6th day of June, 1980).

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STATES OF JERSEY.

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The 18th day of September, 1979.

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law:  -

ARTICLE 1

In paragraph (1) of Article 1 of the Places of Refreshment (Jersey) Law, 1967,1 as amended (hereinafter referred to as “the principal Law”) for the definition of “permitted hours” there shall be substituted the following definition:  -

“ ‘permitted hours’ means the hours during which any registered premises may, in accordance with Article 13 of this Law, be open for the serving of customers;”.

ARTICLE 2

For Article 13 of the principal Law2 there shall be substituted the following Article:  -

“ARTICLE 13

PERMITTED HOURS

(1)          Subject to the provisions of this Article, no registered premises shall be open for the serving of customers except during the permitted hours.

(2)          Subject to the provisions of this Article, the permitted hours shall be the hours from 6 a.m. until 1 a.m. the following morning.

(3)          Subject to Articles 10 and 11 of this Law, the Committee may –

(a)    attach a condition to the registration, or the renewal of registration, of any premises at which, or on part of which, meals or refreshments are sold for consumption off the premises, requiring those premises, or that part, to be closed earlier than at the latest of the permitted hours;

(b)    if satisfied, after consultation with the Connétable of the parish concerned, that it is desirable to do so in order to avoid unreasonable disturbance to persons residing in the neighbourhood of any registered premises, at any time, attach a condition to the registration of those premises requiring them to be closed earlier than at the latest of the permitted hours.

(4)          No registered premises shall be open for the serving of customers on a Sunday, Good Friday or Christmas Day unless the Connétable of the parish in which the premises are situated has granted a permit authorizing the proprietor to open the premises, within any of the permitted hours, for the serving of customers on any of those days.

(5)          The Connétable shall charge such fee, not exceeding such amount as the States may by regulations fix, as the Committee may determine for the grant of a permit under paragraph (4) of this Article, and all such fees shall be credited to the revenues of the parish.

(6)          The Connétable may, at any time, revoke a permit granted under paragraph (4) 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.

(7)          Articles 10 and 11 of this Law shall apply to the refusal of the grant of a permit, under paragraph (4) of this Article, or the revocation of a permit, under paragraph (6) of this Article, as they apply to the refusal of an application for, or the cancellation of, registration of premises.

(8)          The proprietor of registered premises in relation to which a permit is granted under paragraph (4) of this Article shall –

(a)    keep the permit displayed in a conspicuous position in the registered premises;

(b)    when required so to do by the Connétable or by any person duly authorized by him, produce or deliver up the permit to the Connétable or to that person;

(c)        deliver up the permit to the Connétable forthwith on the expiry thereof.

(9)          In any proceedings for a contravention of paragraph (1) of this Article it shall be a defence for the person charged –

(a)    in the case of registered premises mentioned in sub-paragraph (a) of paragraph (3) of this Article, to prove that the person in relation to whom the contravention is alleged entered the premises during the permitted hours and left them not later than fifteen minutes after the latest of those hours;

(b)    in the case of any other registered premises, to prove that the person in relation to whom the contravention is alleged entered the premises during the permitted hours and left them not later than thirty minutes after the latest of those hours.

(10)        Nothing in this Article shall be taken as requiring registered premises to be open for the serving of customers throughout the permitted hours.

(11)        Nothing in this Article shall apply to registered premises within the Port of Saint Helier or Saint Peter’s Airport.

(12)        The States may by regulations amend paragraph (2) of this Article so as to vary the permitted hours.”.

ARTICLE 3

Articles 2 and 3 of, and the Schedule to, the Places of Refreshment (Amendment) (Jersey) Law, 19743 are repealed.

ARTICLE 4

This Law may be cited as the Places of Refreshment (Amendment No. 3) (Jersey) Law, 1980.

 

E.J.M. POTTER,

 

Greffier of the States.