Unlawful Public Entertainments (Jersey) Regulations 2024


Jersey coat of arms

Unlawful Public Entertainments (Jersey) Regulations 2024

Made                                                                                                                   16 July 2024

Coming into force                                                                                            21 July 2024

THE STATES make these Regulations under the Order in Council dated 14th April 1884 –

1        Organising an unlawful public entertainment an offence

(1)     A person who organises or is otherwise concerned in providing an unlawful public entertainment commits an offence and is liable to imprisonment for a term of 6 months and to a fine.

(2)     For the purposes of paragraph (1), a public entertainment is unlawful if it is held without the permission of the Bailiff.

(3)     The Bailiff may grant permission for the provision of a public entertainment subject to the conditions the Bailiff thinks fit.

2        Offence of contravening condition of permission

An organiser of, or a person otherwise concerned in providing, a public entertainment commits an offence and is liable to imprisonment for a term of 6 months and to a fine if –

(a)     any condition of the Bailiff’s permission for the entertainment is contravened; and

(b)     the organiser of, or person otherwise concerned in providing, the entertainment did not take all reasonable precautions to avoid the contravention.

3        Offences by body corporate, etc.

(1)     In this Regulation –

relevant body” means a limited liability partnership, a separate limited partnership, a limited liability company, an incorporated limited partnership or another body corporate;

relevant offence” means an offence under these Regulations that is committed by a relevant body;

relevant person” means –

(a)     if the relevant offence is committed by a limited liability partnership, a partner of the partnership;

(b)     if the relevant offence is committed by a separate limited partnership or an incorporated limited partnership –

(i)      a general partner, or

(ii)      a limited partner who is participating in the management of the partnership;

(c)     if the relevant offence is committed by a limited liability company or a body corporate (other than an incorporated limited partnership) –

(i)      a director, manager, secretary or other similar officer of the body corporate, or

(ii)      if the affairs of the body corporate are managed by its members, a member who is acting in connection with the member’s functions of management; and

(d)     a person purporting to act in any capacity described in sub-paragraphs (a) to (c) in relation to the relevant body that commits the relevant offence.

(2)     If a relevant offence under Regulation 1 or 2 is proved to have been committed with the consent or connivance of a relevant person, that relevant person is also guilty of the offence and liable in the same manner as the relevant body to the penalty provided for that offence.

(3)     If a relevant offence under Regulation 2 is proved to be attributable to any neglect on the part of a relevant person, that relevant person is also guilty of the offence and liable in the same manner as the relevant body to the penalty provided for the offence.

4        Saving of customary law

Nothing in these Regulations is to be taken as abolishing, modifying or prejudicing any offence against the customary law.

5        Consequential amendment

In Article 49(5) of the Road Works and Events (Jersey) Law 2016, for “Unlawful Public Entertainments (Jersey) Regulations 2013” there is substituted “Unlawful Public Entertainments (Jersey) Regulations 2024”.

6        Citation, commencement and expiry

(1)     These Regulations may be cited as the Unlawful Public Entertainments (Jersey) Regulations 2024.

(2)     These Regulations come into force on 21st July 2024 and expire at the end of 20th July 2027.

 

 


Page Last Updated: 16 Jul 2024