Shops (Regulation
of Opening and Deliveries) (Jersey) Law 2010
A LAW to regulate, on certain days,
the sale or hire of goods, the provision of services and the provision of goods
for use, and the making of wholesale deliveries.
Adopted by the
States 4th November 2009
Sanctioned by
Order of Her Majesty in Council 13th October 2010
Registered by the
Royal Court 29th
October 2010
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“Minister” means the Minister for Economic Development;
“place” means any premises, structure or other place;
“sale” includes sale by auction;
“shop” means any place or vehicle used, whether
permanently or temporarily, for any one or more commercial activities.
(2) For
the purposes of this Law, any reference to a commercial activity shall be
construed as –
(a) the
retail sale or hire of goods, including –
(i) the offer,
exposure or display of goods for such sale or hire, or
(ii) the despatch of
goods from any place or vehicle and the delivery of the goods so despatched as
if those goods had been sold at or hired from that place or vehicle at the time
of the despatch or delivery;
(b) the
provision, in the course of a trade or business, of services at any place or
vehicle; or
(c) the
provision, in the course of a trade or business, of goods for use at any place
or vehicle.
(3) However,
if a commercial activity is the provision of a service at a place that is not
occupied by the person who is carrying on that activity (for example, if it is
a service provided at the home of the customer, or to a vehicle on a public
road), the place is not a shop by reason of its use for that activity.
(4) Subject
to paragraph (5), for the purposes of this Law in its application to a
shop other than a vehicle, a reference to the occupier of the shop shall be
construed as a reference to the person carrying on the commercial activity.
(5) For
the purposes of this Law in its application to a shop that is a place being
used temporarily for the holding of a market, fair or fête or like event
at which vehicles or stalls or other temporary structures, or any part of the
place, are used for one or more commercial activities, a reference to the
occupier of the shop shall be construed as a reference to the organizer of the
market, fair or fête or like event.
(6) For
the purposes of this Law, a shop is open at any time when members of the public
or any class of members of the public have access to it for the purposes of one
or more commercial activities.
2 Opening
on specified days prohibited
(1) A
shop shall not be open on any Sunday, Good Friday, Christmas Day, 26th December
or Liberation Day, except in accordance with and pursuant to –
(a) an
exemption under Article 3(2); or
(b) a
permit granted under Article 4.
(2) Where
a shop is open in contravention of paragraph (1), the occupier of the shop
shall be guilty of an offence and liable to a fine.
(3) Where
a person who is the occupier of a shop is liable under paragraph (2) by
reason of an act done by a person who is the manager of the shop or any other
agent or servant of the occupier of the shop, the manager or other agent or
servant, as well as the occupier, shall be guilty of the offence.
(4) Where
a person who is the occupier of a shop by virtue of Article 1(5) is liable
under paragraph (2) by reason of an act done by another person carrying on
a commercial activity at the market, fair or fête or like event, that
other person, as well as the occupier, shall be guilty of the offence.
(5) Where
a person who is the occupier of a shop by virtue of Article 1(5) is liable
under paragraph (2) by reason of an act done by a manager, agent or
servant of a person carrying on any commercial activity at the market, fair or
fête or like event, the manager, agent or servant, as well as the
occupier, shall be guilty of the offence.
3 Application
of Law and exemptions
(1) This
Law shall not apply to a person carrying on business as a hawker pursuant to a
hawker’s licence granted under the Hawkers and Non-Resident Traders
(Jersey) Law 1965[1].
(2) The
States may by Regulations exempt from Article 2(1) shops of a specified
description, either with or without restrictions and conditions.
4 Permits
(1) The
States may by Regulations establish a scheme for the grant by a
Connétable, within his or her own parish, of permits authorizing the
opening of shops in the parish on any Sunday, Good Friday, 26th December or
Liberation Day.
(2) Regulations
made under paragraph (1) may include provision empowering the Minister by
Order, after consulting the Comité des Connétables, to designate
special occasions (for example, for an event such as the Fête
dé Noué) for the purposes of this Law.
(3) Regulations
made under paragraph (1) may not include provision empowering the Minister, by
Order, to designate Good Friday or Liberation Day as a special occasion for the
purposes of this Law.
(4) Regulations
made under paragraph (1) may not include provision empowering the Minister, by
Order, to designate 26th December as a special occasion for the purposes of
this Law.
(5) Regulations
made under paragraph (1) may include provision –
(a) for
the procedure to be followed in relation to applications for permits;
(b) for
the matters to be taken into consideration in determining whether to grant
permits;
(c) for
the day or days on which shops are authorized to open pursuant to permits;
(d) for
the grant of blanket permits authorizing the opening of shops on the special
occasions designated by the Minister under sub-paragraph (2) (without the
need to apply for permits);
(e) for
the duration of permits;
(f) for
conditions that shall apply in respect of permits, or that Connétables
may impose in granting permits, including (but not by way of limitation)
conditions restricting the days and times at which shops may open, and
conditions regulating wholesale deliveries to shops on the days on which they
are authorized to open pursuant to permits;
(g) prescribing
fees in respect of applications for and the grant of permits, and empowering
Connétables to refuse to consider applications for permits, or to refuse
to grant permits, until the prescribed fees are paid;
(h) specifying
matters of which notification must be given to Connétables for the
granting of permits;
(i) for
the circumstances in which permits shall or may be revoked;
(j) for
the review by the Comité des Connétables of decisions by
Connétables to refuse to grant permits, or to impose conditions on the
grant of permits, or to revoke permits;
(k) for
appeals to the Royal Court, by applicants and permit holders, in respect of
reviews by the Comité des Connétables of decisions by
Connétables on applications or permits;
(l) authorizing
Connétables to approve for use in their own parishes, or the
Comité des Connétables to approve for use in all parishes,
forms of applications and of permits; and
(m) authorizing
Connétables or the Comité des Connétables to issue
guidance regarding the scheme for the granting of permits.
(6) Regulations
made under paragraph (1) may do any of the following things –
(a) make
different provision for different classes of shops, by reference to their size
and nature, their impact on the peace and tranquillity of neighbourhoods and
the avoidance of nuisance to residents of neighbourhoods;
(b) limit
the number of days in any year on which shops of a specified class are
authorized to open;
(c) limit
to a particular day or days the occasions on which shops of a specified class
are authorized to open;
(d) authorize
Connétables, in granting permits, to impose conditions to the effect
described in subparagraphs (b) and (c).
(7) Paragraphs
(2), (5) and (6) do not limit paragraph (1), and paragraph (6) does
not limit Article 11(4) of the Interpretation (Jersey) Law 1954[2].
(8) Regulations
made under paragraph (1) may make it an offence to contravene any
provision of the Regulations and impose a penalty not exceeding level 4 on
the standard scale for any such offence.
5 Deliveries
(1) The
States may by Regulations prohibit, restrict, or establish a scheme for the
regulation of the making of wholesale deliveries to shops on any Sunday, Good
Friday, Christmas Day or Liberation Day.
(2) Regulations
made under paragraph (1) may make different provision for different
classes of shops, by reference to their size and nature, their impact on the
peace and tranquillity of neighbourhoods and the avoidance of nuisance to
residents of neighbourhoods.
(3) Paragraph (2)
does not limit paragraph (1) or Article 11(4) of the Interpretation
(Jersey) Law 1954.
(4) Regulations
made under paragraph (1) may make it an offence to contravene any
provision of the Regulations and impose a penalty not exceeding level 4 on
the standard scale for any such offence.
6 Offences
relating to information
A person who for the purpose of obtaining a permit under
Article 4 knowingly gives any information that is false in a material
particular shall be guilty of an offence and liable to imprisonment for a term
of 12 months and a fine.
7 Power
of Connétable to impose penalty
(1) Where
a person charged with an offence under this Law accepts the decision of the
Connétable or a centenier of the
parish in which the offence was committed, the Connétable or centenier
may impose a fine of level 1 on the standard scale.
(2) A
fine imposed under paragraph (1) shall be paid to the annual income of the
parish in which the offence was committed.
(3) This
Article shall not apply to an offence under Article 6.
8 Offences
by bodies corporate
(1) Where
an offence under this Law committed by a limited liability partnership or body
corporate is proved to have been committed with the consent or connivance of,
or to be attributable to any neglect on the part of –
(a) a
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the person shall also be guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for
that offence.
(2) Where
the affairs of a body corporate are managed by its members, paragraph (1)
shall apply in relation to acts and defaults of a member in connection with
that member’s functions of management as if that member were a director
of the body corporate.
9 Requirement
to contravene Law to be void
A lease of a shop shall be void to the extent that it requires the
shop to be open in contravention of this Law.
10 Transitional
arrangements and savings
The States may by Regulations make such transitional arrangements
and savings as they think fit regarding the repeal of the Shops (Sunday
Trading) (Jersey) Law 1960[3] and its replacement by this
Law.
11 Consequential
amendments and repeals
(1) Part 1
of the Schedule shall have effect to amend other enactments.
(2) Part 2
of the Schedule shall have effect to repeal the enactments listed in the first
column of it to the extent specified in the second column.
12 Citation
and commencement
This Law may be cited as the Shops (Regulation of Opening and
Deliveries) (Jersey) Law 2010 and shall come into force on such day or days as
the States by Act appoint.
m.n. de la haye
Greffier of the States