Jersey Law 18/1974

 

PLACES OF REFRESHMENT (AMENDMENT) (JERSEY) LAW, 1974.

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

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25th day of JULY, 1974.

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(Registered on the 23rd day of August, 1974).

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STATES OF JERSEY.

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The 19th day of March, 1974.

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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 (hereinafter referred to as “the principal Law”) in the definition of “places of refreshment” the words “for consumption on the premises” shall be deleted.

ARTICLE 2

In Article 13 of the principal Law – 2

(a)     for paragraphs (1) and (2) there shall be substituted the following paragraphs –

“(1)      Subject to the provisions of this Article, no registered premises which supply meals or refreshments for consumption on the premises 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)        Subject to the provisions of this Article no registered premises which supply meals or refreshments for consumption off the premises shall be open for the serving of customers outside the permitted hours specified in Part II of the Schedule to this Law:

Provided that the Committee may attach a condition to the registration of any such premises requiring them to close at an earlier hour than the said permitted hours.

(2A)     In the case of registered premises which supply meals or refreshments for consumption both on and off the premises –

(a)        where that part of the premises which supplies meals or refreshments for consumption on the premises is physically separated from that part which supplies meals or refreshments for consumption off the premises –

(i)         the permitted hours specified in Part I of the Schedule to this Law shall apply in relation to that part of the premises which supplies meals or refreshments for consumption on the premises; and

(ii)        the permitted hours specified in Part II of the Schedule to this Law shall apply in relation to that part of the premises which supplies meals or refreshments for consumption off the premises:

Provided that the Committee may attach a condition to the registration of any such premises requiring that part which supplies meals for consumption off the premises to close at an earlier hour than the said permitted hours;

(b)        where the parts are not so separated the permitted hours specified in Part I of the Schedule to this Law shall apply in relation to the whole premises:

Provided that the Committee may attach a condition to the registration of any such premises requiring them to close at an earlier hour than the said permitted hours.

(2B)     In any proceedings for a contravention of paragraph (1) or clause (i) of sub-paragraph (a) of paragraph (2A) or sub-paragraph (b) of paragraph (2A) 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.

(2C)     In any proceedings for a contravention of paragraph (2) or clause (ii) of sub-paragraph (a) of paragraph (2A) or sub-paragraph (b) of paragraph (2A) 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 fifteen minutes after the latest of those hours.”;

(b)     in paragraph (3) –

(i)      for the words “the provisions of paragraph (1) of this Article” there shall be substituted the words “the foregoing provisions of this Article”;

(ii)     for the words “Part II” there shall be substituted the words “Part III”;

(c)     after paragraph (8) there shall be inserted the following paragraph –

“(8A)         Nothing in this Article shall apply to registered premises within the port of Saint Helier or Saint Peter’s Airport.”.

ARTICLE 3

For the Schedule to the principal Law 3 there shall be substituted the Schedule to this Law.

ARTICLE 4

This Law may be cited as the Places of Refreshment (Amendment) Jersey Law, 1974 and this Law and the principal Law may be cited together as the Places of Refreshment (Jersey) Laws, 1967 and 1974.

“SCHEDULE

PERMITTED HOURS

PART I

(Article 13(1), (2A)(a)(i) and (2A)(b))

On any day other than a Sunday, Good Friday and Christmas Day, from six o’clock in the morning until one o’clock the following morning.

PART II

(Article 13(2) and (2A)(a)(ii))

On any day other than a Sunday, Good Friday and Christmas Day, from six o’clock in the morning until two o’clock the following morning.

PART III

(Article 13(3))

 

Under permit granted by a Constable

On a Sunday, Good Friday and Christmas Day –

(a)     in the case of registered premises to which Part I of this Schedule applies, from nine o’clock in the morning until midnight;

(b)     in the case of registered premises to which Part II of this Schedule applies, from six o’clock in the morning until two o’clock the following morning.”

 

E.J.M. POTTER

 

Greffier of the States.