Jersey Law 18/1962
“LODGING HOUSES (REGISTRATION) (JERSEY) LAW, 1962”,
CONFIRMÉ PAR
Ordre de Sa Majesté en Conseil
en date du 27 juin
1962.
____________
(Enregistré le 14 juillet 1962).
|
ARRANGEMENT OF
ARTICLES.
|
|
____________
|
|
Article
|
|
|
1.
|
Interpretation
|
|
2.
|
Duty to register
|
|
3.
|
Exemptions from duty to register
|
|
4.
|
Duration of Registration
|
|
5.
|
Applications
|
|
6.
|
Registration and renewal
|
|
7.
|
Penalty for failure to register
or to comply with registration conditions
|
|
8.
|
Registration certificates
|
|
9.
|
Production, delivery and display
of registration certificates
|
|
10.
|
Replacement of registration certificates
|
|
11.
|
Cancellation of registration
|
|
12.
|
Procedure and right of appeal on
refusal or cancellation of registration
|
|
13.
|
Duty to maintain register of lodgers
|
|
14.
|
Tourists not to be accommodated
in registered lodging houses
|
|
15.
|
Inspection
|
|
16.
|
Service of notices
|
|
17.
|
Offences by Managers, Agents, etc.
|
|
18.
|
Penalty for falsification and
wrongful use of registration certificates and giving of false information
|
|
19.
|
Orders
|
|
20.
|
Fees and expenses
|
|
21.
|
Saving
|
|
22.
|
Short title and commencement
|
LODGING HOUSES (REGISTRATION) (JERSEY) LAW, 1962.
____________
A LAW to
provide for the registration of lodging houses and for matters incidental
thereto, sanctioned by Order of Her Majesty in Council of the
27th day of JUNE, 1962.
____________
(Registered on the 14th day of July, 1962).
____________
STATES OF JERSEY.
____________
The 27th day of
March, 1962.
____________
THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law: -
ARTICLE 1
INTERPRETATION
In this Law, unless the context otherwise requires –
“the Committee” means the Tourism Committee ;
“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, as amended ;
“prescribed” means prescribed by order made under this
Law;
“register” means register under this Law;
“tourist” means a person who visits the Island for the
purpose only of recreation.
ARTICLE 2
DUTY TO REGISTER
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.
ARTICLE 3
EXEMPTIONS FROM DUTY TO REGISTER
The Committee may, in its absolute discretion, grant exemptions
from the provisions of Article 2 of this Law and may attach to any exemption
such conditions as it thinks fit and may vary such conditions at any time or
withdraw the exemption.
ARTICLE 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.
ARTICLE 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
Committee may require and each such application shall be accompanied by a fee
of one pound.
(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 Committee may refuse to
renew the registration.
ARTICLE 6
REGISTRATION AND RENEWAL
(1) Where
an application is duly made to the Committee under Article 5 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 lodging
house to which the application relates to be inspected by an officer of the
Committee.
(2) The
Committee 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 it 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 Committee may attach
such conditions as it 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.
(4) Where
the Committee grants any application, the Committee shall notify the applicant
that the registration or renewal of registration will be effected on payment of
the prescribed fee (which fee may be so prescribed as to vary in amount
according to such matters as the Committee may think proper) and on receipt of
the said fee the Committee shall effect the registration or renewal of
registration.
ARTICLE 7
PENALTY FOR FAILURE TO REGISTER OR TO COMPLY WITH REGISTRATION
CONDITIONS
If any person –
(a) keeps a lodging house
in contravention of Article 2 of this Law ; or
(b) causes or allows a
number of persons to sleep in any room in a registered lodging house in excess
of the number specified in relation to that room ; or
(c) fails to comply with
any condition attached to the registration or the renewal of registration of
the lodging house or with any condition attached to an exemption granted under
Article 3 of this Law;
he shall for each offence be liable to a fine not exceeding one
hundred pounds or to imprisonment for a term not exceeding three months, or to
both such fine and such imprisonment, and to a further fine not exceeding ten
pounds for each day during which the offence continues.
ARTICLE 8
REGISTRATION CERTIFICATES
(1) Where
the Committee registers or renews the registration of any lodging house, the
Committee 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 Committee may think fit.
ARTICLE 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 Committee so to do, produce or deliver his registration
certificate to the Committee or to an officer of the Committee authorized in
that behalf ;
(b) deliver his
registration certificate to the Committee immediately on the expiration of the
period to which it relates ;
(c) keep his 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, he shall for each offence be liable to a fine not exceeding
twenty pounds and to a further fine not exceeding one pound for each day during
which the offence continues.
ARTICLE 10
REPLACEMENT OF REGISTRATION CERTIFICATES
Where the keeper of a registered lodging house satisfies the
Committee that his registration certificate has been accidently lost, destroyed
or defaced, the Committee may issue a new certificate to the keeper of the
lodging house on payment by him of a fee of ten shillings.
ARTICLE 11
CANCELLATION OF REGISTRATION
Subject to the provisions of this Law, the Committee 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.
ARTICLE 12
PROCEDURE AND RIGHT OF APPEAL ON REFUSAL OR CANCELLATION OF
REGISTRATION
(1) The
Committee shall not refuse an application for the registration or renewal of
the registration of any lodging house, or cancel any registration, unless it
has given to the keeper of the lodging house 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 seven days
after the receipt of the notice, the keeper of the lodging house informs the
Committee in writing that he desires so to do, the Committee will, before
refusing the application or cancelling the registration, give him an
opportunity of being heard, in person or by a representative, against such
refusal or cancellation.
(2) If
the Committee, after giving to the keeper of the lodging house an opportunity
of being heard, decides to refuse the application or to cancel the
registration, it shall, if required by the keeper of the lodging house, deliver
to him, within seven 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 Committee was unreasonable
having regard to all the circumstances of the case.
ARTICLE 13
DUTY TO MAINTAIN REGISTER OF LODGERS
(1) The
keeper of a registered lodging house shall maintain a register in which shall
be entered the name and ordinary address of every person lodging in the house,
and the date of his arrival at, and departure from, the lodging house.
(2) The
keeper of a registered lodging house who fails to comply with paragraph (1) of
this Article and any person who knowingly makes a false entry in, or gives
false or misleading information with a view to a false entry being made in, a
register maintained under this Article shall each be liable to a fine not
exceeding fifty pounds.
ARTICLE 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 he believes, or has
reasonable cause to believe, to be a tourist to the Island.
(2) Any
keeper of a registered lodging house who contravenes the provisions of this
Article shall be liable to a fine not exceeding fifty pounds and to a further
fine not exceeding two pounds for each day during which the offence continues.
ARTICLE 15
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, subject to the production by him if so required of evidence of his
authority, to enter and inspect any registered lodging house or any premises in
respect of which an exemption under Article 3 of this Law has been granted or
any premises which he 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 him 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 of this Law.
(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 ; or
(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 not exceeding one hundred pounds.
ARTICLE 16
SERVICE OF NOTICES
(1) Any
notice required by this Law to be given to the Committee may be given either by
leaving it at an office of the Committee 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 ; or
(b) by leaving it at his
proper address ; or
(c) by registered post ; or
(d) by the recorded
delivery service.
ARTICLE 17
OFFENCES BY MANAGERS, AGENTS, ETC
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, agent, servant or other person, as well as the
keeper, shall be deemed to be guilty of that offence and shall be liable to be
prosecuted and punished accordingly.
ARTICLE 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 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 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 of a registration certificate, or for the purpose of
obtaining an exemption under Article 3 of this Law, 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 or to imprisonment for a term not
exceeding six months or to both such fine and such imprisonment.
ARTICLE 19
ORDERS
(1) The
Committee may, by order, prescribe anything which may be prescribed under this
Law, and may make such provision as it considers necessary for promoting the
general sanitation, ventilation and orderly conduct of registered lodging houses
and for preventing the overcrowding of such houses.
(2) 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
twenty pounds for each offence, or where the offence consists of continuing any
such contravention or failure after conviction thereof, twenty pounds together
with a further twenty pounds for each day on which it is so continued.
(3) The
Subordinate Legislation (Jersey) Law, 1960, shall
apply to orders made by the Committee under this Law.
ARTICLE 20
FEES AND EXPENSES
(1) All
fees received in pursuance of this Law shall be credited to the General
Revenues of the States.
(2) The
costs of the administration of this Law shall be defrayed out of the General
Revenues of the States.
ARTICLE 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.
ARTICLE 22
SHORT TITLE AND COMMENCEMENT
(1) This
Law may be cited as the Lodging Houses (Registration) (Jersey) Law, 1962.
(2) This
Law shall come into force on such day as the States may by Act appoint and
different days may be fixed for different purposes and different provisions of
this Law.
A.D. LE BROCQ,
Deputy Greffier of the States.