Shops (Regulation
of Opening) (Jersey) Regulations 2011
Made 21st July 2011
Coming into force 4th
August 2011
THE STATES, in pursuance of Articles 3, 4 and 10 of the Shops (Regulation of
Opening and Deliveries) (Jersey) Law 2010[1], have made the following
Regulations –
1 Interpretation
In these Regulations, unless the context
otherwise requires –
“approved form”
means –
(a) a
form approved by the Comité des Connétables under Regulation 5(1)
for use in all parishes, where the Comité has approved the form; or
(b) a
form approved by the Connétable of a parish under Regulation 5(2)
for use in that parish, where the Connétable has approved the form;
“blanket permit”
means a blanket permit to which Regulation 6 refers;
“general permit”
means a general permit to which Regulation 6 refers;
“Law”, and “the present Law”, mean the Shops
(Regulation of Opening and Deliveries) (Jersey) Law 2010[2];
“1960 Law” means the
Shops (Sunday Trading) (Jersey) Law 1960[3];
“permit” means a
blanket permit, a general permit or a single permit;
“retail sales area”
shall be construed in accordance with Regulation 2;
“single permit”
means a single permit to which Regulation 6 refers;
“special occasion”
means a day that is designated by the Minister, by an Order made under Regulation 4,
as a special occasion;
“supply of goods”
means a commercial activity described in Article 1(2)(a) of the Law, but
does not mean a commercial activity described in Article 1(2)(c) of the
Law;
“weekday” means any
day of the week except –
(a) a
Sunday; or
(b) a
day that is Good Friday, Liberation Day, Christmas Day or 26th December.
2 Meaning
of “retail sales area”
(1) In
these Regulations, “retail sales area”, when used in respect of a
shop that is open on weekdays as well as on a Sunday, Good Friday, Liberation
Day or 26th December, means the area that is ordinarily used for commercial
activities on weekdays.
(2) In
these Regulations, “retail sales area”, when used in respect of a
shop that is not open on any weekday, means the area that may be used for
commercial activities under a permit.
(3) The
retail sales area of a shop includes the working space behind any counter, but
does not include –
(a) any
office;
(b) any
storage area to which the public is not given access; or
(c) any
staff facility (for example, a staff kitchen or staff washroom) to which the
public is not given access.
(4) The
retail sales area of a shop that is in a building shall be determined by
measuring the internal floor space.
(5) Where
more than one area of a shop to which paragraph (1) refers is ordinarily
used for commercial activities, the aggregate of those areas of the shop is the
retail sales area.
(6) Where
more than one area of a shop to which paragraph (2) refers is the area
that may be used for commercial activities under the permit, the aggregate of
those areas of the shop is the retail sales area.
3 Exemptions
(1) The
shops in Schedule 1 are exempt from Article 2(1) of the Law.
(2) If
a shop in Schedule 1 is one that is open on weekdays, it is a condition of
the exemption under this Regulation that the commercial activities that are
carried on at the shop on Sundays, Good Friday, Liberation Day and 26th
December shall be substantially the same as those carried on at the shop on
weekdays.
4 Special
occasions
(1) If
the Minister considers –
(a) that
a particular day is a special occasion that is of economic, social or cultural
importance to Jersey; or
(b) that
a particular day is one on which an event that is of economic, social or
cultural importance to Jersey is to be held,
the Minister may by Order designate that day as a special occasion.
(2) Before
making an Order under this Regulation, the Minister shall consult the
Comité des Connétables.
(3) An
Order cannot designate Good Friday, Liberation Day, Christmas Day or 26th
December as a special occasion.
5 Authorized
forms
(1) The
Comité des Connétables may approve forms of applications and
permits for the purposes of these Regulations.
(2) If
the Comité des Connétables has not approved a form for use for a
purpose of these Regulations, the Connétable of a parish may approve the
form for use for that purpose in the parish until the Comité approves a
form.
(3) The
Connétable of a parish shall make the approved forms available for use
in the parish.
6 Types
of permit
(1) The
following permits may be granted in accordance with these Regulations –
(a) a
general permit;
(b) a
single permit;
(c) a
blanket permit.
(2) A
general permit authorizes the opening of a shop on the following days –
(a) every
Sunday;
(b) Good
Friday;
(c) Liberation
Day; and
(d) 26th
December.
(3) A
general permit shall remain in force until the end of the 31st day of December
in the year in which it is granted, unless it ceases to have effect under Regulation 17
or is revoked under Regulation 18.
(4) A
general permit cannot be granted in respect of a shop to which Part 1 of Schedule 2
applies, if its retail sales area exceeds 700 square metres.
(5) A
single permit authorizes the opening of a shop on any date or dates specified
in the permit.
(6) However –
(a) a
single permit cannot authorize the opening of a shop on Christmas Day or 26th
December; and
(b) the
number of days in any year in respect of which one or more than one single
permit may be granted in respect of the shop cannot exceed five.
(7) A
blanket permit authorizes the opening in a parish of every shop of a
description specified in the permit, on any special occasion specified in the
permit.
(8) A
permit for a shop that is a vehicle authorizes its opening in any parish.
7 Connétable
to be authority for grant of permits
(1) If
a shop is not a vehicle, the Connétable of the parish in which the shop
is situated shall be the authority for the grant, variation and revocation of
any permit for the shop.
(2) In
the case of a general permit or single permit for a shop that is a vehicle, the
Connétable of the parish in which at the time of the application for the
permit the applicant for or holder of the permit lives or lived shall be the
authority for its grant, variation and revocation.
(3) In
the case of a blanket permit for a shop that is a vehicle, the
Connétable of the parish in which the holder of the permit lives at the
time of the grant of the permit shall be the authority for its grant, variation
and revocation.
8 Application
for permit
(1) An
application for a general permit or single permit for a shop shall be made by
the occupier to the Connétable.
(2) The
application shall be in writing, in the approved form.
(3) The
application shall state –
(a) whether
the application is for a general permit or single permit;
(b) if
the application is for a single permit, the date or dates in respect of which
the application is made; and
(c) in
every case, the name of the person who will manage the shop while it is open
pursuant to the permit,
and shall contain such other information as the approved form
specifies.
(4) The
application shall be accompanied by the application fee payable under Regulation 22(1).
(5) The
Connétable need not deal further with the application until the fee is
paid.
(6) If
the application is (whether wholly or partly) for a general permit in respect
of the supply of goods, the application shall also be accompanied by a plan –
(a) prepared,
and certified as accurate, by a surveyor; and
(b) showing
the measurements and size of the part of the retail sales area that will be
used for that activity.
(7) The
plan is not required if –
(a) a
plan that complies with paragraph (6) has already been submitted to and
accepted by the Connétable; and
(b) the
occupier certifies that there has been no change in the size of the retail
sales area of the shop since that earlier plan was submitted.
(8) The
plan is not required in respect of a shop that is a vehicle.
9 Additional
information
(1) An
applicant for the grant of a general permit or single permit shall provide such
additional information as a Connétable reasonably requires in order to
determine the application.
(2) For
the purpose of determining the application, the Connétable may –
(a) inspect
the shop to which it relates; or
(b) authorize
another person in writing to do so on the Connétable’s behalf and
report to the Connétable on the inspection.
(3) A
person who is authorized under paragraph (2) by the Connétable
shall, if asked to do so by the applicant, show the applicant a copy of the
authorization before inspecting the shop.
(4) A
Connétable who receives a report under paragraph (2) shall give a
copy to the applicant, and inform the applicant that he or she may make written
representations on the report to the Connétable.
(5) In
determining the application, the Connétable may take the report into
consideration.
(6) If
the Connétable does so, he or she shall also take into consideration the
written representations (if any) made by the applicant on the report.
10 Considerations in
granting permits
(1) In determining whether or not to grant a
permit, a Connétable shall have regard to the peace and tranquillity of
a neighbourhood, and the avoidance of nuisance to residents, on the days and
times of opening of a shop under the permit.
(2) In particular, the Connétable shall
have regard to the kind and size of a shop to which the permit will apply, and
to any noise, traffic and litter that are likely to result from its opening
under the permit.
(3) Paragraph (2) does not limit paragraph (1).
11 Determination of
application
(1) On
determining an application for the grant of a general permit or single permit,
a Connétable shall within 21 days notify the applicant in writing
of the decision.
(2) The
Connétable shall at the same time notify the applicant of the procedure
by which the decision may be reviewed under Regulation 20.
12 Conditions of
general permits
(1) It
is a condition of a general permit that if there is any change –
(a) in
the size of the retail sales area of the shop for which the permit is granted;
(b) of
manager of the shop; or
(c) of
the predominant use of the shop,
the permit holder shall within 7 days in writing notify the
Connétable of the parish in which the shop is situated.
(2) It
is a condition of a general permit that if the permit holder ceases to be
the occupier of the shop, he or she shall within 7 days in writing notify
the Connétable.
(3) It
is a condition of a general permit that, whenever the shop is open pursuant to
the permit, it shall be displayed in or on the shop in a conspicuous place
where it can be readily seen by customers.
(4) It
is a condition of a general permit that where the shop is one that is open
on weekdays as well as on Sundays, Good Friday, Liberation Day or 26th
December, the commercial activities that are carried on at the shop pursuant to
the permit shall be substantially the same as those carried on at the shop on
weekdays.
(5) On
granting a general permit for a shop, a Connétable may impose such other
conditions on the opening of the shop as he or she thinks fit.
(6) They
may include conditions –
(a) restricting
the hours of opening of the shop;
(b) restricting
the number and timing of wholesale and retail deliveries to or from the shop;
and
(c) specifying
arrangements that the holder of the permit is to make for parking by customers
and staff of the shop.
(7) Paragraph (6)
does not limit paragraph (5).
13 Conditions of
single permits
(1) On
granting a single permit for a shop, a Connétable may impose such
conditions on the opening of the shop as he or she thinks fit.
(2) They
may include any conditions described in any of paragraphs (1), (2), (3),
(4) and (6) of Regulation 12 (other than the condition to which Regulation 12(1)(a)
refers).
(3) Paragraph
(2) does not limit paragraph (1).
14 Issue of general
permit or single permit
On granting a general permit or single permit, a Connétable
shall issue the permit in the approved form to the applicant.
15 Blanket permits
(1) A
Connétable of a parish may, by notice published in the Jersey Gazette,
grant a blanket permit in respect of any special occasion for all shops
situated in the parish that are of any kinds specified in the notice.
(2) It
is a condition of a blanket permit that where a shop is one that is open
on weekdays as well as on a Sunday, the commercial activities that are carried
on at the shop pursuant to the permit shall be substantially the same as those
carried on at the shop on weekdays.
(3) In
granting a blanket permit, the Connétable may impose such other
conditions on the opening of shops as he or she thinks fit.
(4) They
may include any conditions described in any of paragraphs (1), (2), (3),
(4) and (6) of Regulation 12 (other than the condition to which Regulation 12(1)(a)
refers).
(5) Paragraph
(4) does not limit paragraph (3).
16 Variation of
general permit or single permit
(1) Subject
to the other provisions of these Regulations, a Connétable may vary a general
permit or single permit, either on the application in writing of the permit
holder or on the Connétable’s own initiative.
(2) If
the Connétable proposes to refuse to grant a permit holder’s
application, or proposes to vary a permit on the Connétable’s own
initiative, the Connétable shall give the holder notice in writing
of his or her intention to do so.
(3) The
notice shall –
(a) specify
the grounds on which the Connétable proposes to refuse to grant the
permit holder’s application, or proposes to vary the permit on the
Connétable’s own initiative, as the case may require; and
(b) inform
the holder that he or she may make written representations to the
Connétable, as to the latter’s proposal, within 21 days or
within such further time as the Connétable allows.
(4) If
the Connétable is required by paragraph (2) to give notice to the
permit holder, the Connétable shall in deciding whether or not to
proceed –
(a) to
refuse to grant the holder’s application; or
(b) to
vary the permit on the Connétable’s own initiative,
take into consideration any written representations so made.
(5) On
deciding whether or not to vary the permit, the Connétable shall within
21 days notify the permit holder in writing of the decision.
(6) The
Connétable shall at the same time notify the permit holder of the
procedure by which the decision may be reviewed under Regulation 20.
17 Permits that
cease to have effect if holder ceases to occupy shop
A general permit or single permit shall cease to have effect on the
permit holder’s ceasing to be the occupier of the shop for which it is
granted.
18 Revocation of
general permit or single permit
(1) A
Connétable may revoke a general permit or single permit in any of the
following cases –
(a) if,
in the case of a general permit, the shop no longer fulfils the requirements
for the grant of such a permit;
(b) if
any condition of the permit has been contravened;
(c) if
the permit holder has been convicted of any offence under the Law or under
these Regulations (whether or not in respect of the shop to which the permit
relates);
(d) if
the Connétable thinks fit to revoke the permit, having regard to any
disturbance of the peace or tranquillity of any neighbourhood, or of any
nuisance to residents, resulting from the opening of the shop on the days and
at the times authorized by the permit.
(2) If
a Connétable proposes to revoke a permit, the Connétable
shall give the permit holder notice in writing of his or her intention to
do so.
(3) The
notice shall –
(a) specify
the grounds on which the Connétable proposes to revoke the permit; and
(b) inform
the permit holder that the holder may make written representations to the Connétable,
as to the latter’s proposal, within 21 days or within such further
time as the Connétable allows.
(4) The
Connétable shall, in deciding whether or not to proceed to revoke the
permit, take into consideration any written representations so made.
(5) The
Connétable shall within 21 days notify the permit holder in writing
of the decision.
(6) The
notification under paragraph (5) shall inform the permit holder of the
procedure by which the decision may be reviewed under Regulation 20.
19 Reasons
for decisions
(1) A
Connétable shall state in writing the reasons for a decision by the
Connétable under these Regulations –
(a) refusing
to grant an application in the terms in which it is sought;
(b) imposing
a condition under Regulation 12(5) or Regulation 13 in granting an
application for a permit;
(c) varying
a general permit or single permit on the Connétable’s own
initiative; or
(d) revoking
a general permit or single permit.
(2) Where
the Connétable is required under paragraph (1) to give reasons for
a decision, he or she shall provide a copy of the reasons –
(a) to
the applicant, in the case mentioned in either of paragraphs (1)(a) and
(b); or
(b) to
the permit holder, in the case mentioned in either of paragraphs (1)(c)
and (d),
with the notification of the decision.
20 Review by Comité des Connétables
(1) A
person mentioned in Regulation 19(2) who is aggrieved by a decision to
which that paragraph refers may give notice in writing to the Connétable
by whom the decision is made that he or she wishes to have the decision
reviewed by the Comité des Connétables.
(2) A
notice under paragraph (1) shall be given –
(a) within
21 days after the Connétable notifies the person of the decision
and provides to the person a copy of the reasons; or
(b) within
such further time as the Connétable allows.
(3) Subject
to paragraph (5), the Connétable shall on receiving a notice under paragraph (1)
notify the Chairman of the Comité des Connétables.
(4) Subject
to paragraph (5), the Chairman of the Comité des Connétables
shall then convene a panel of 3 Connétables (excluding the
Connétable whose decision is the subject of the review) to review the
decision.
(5) Where
the Connétable who receives a notice under paragraph (1) is the
Chairman of the Comité des Connétables –
(a) he
or she shall forthwith notify the Vice-Chairman of the Comité des
Connétables; and
(b) the
Vice-Chairman shall instead convene a panel of 3 other Connétables
to review the decision.
(6) The
person seeking the review of a decision shall give the panel, and the
Connétable whose decision is the subject of the review, a statement in
writing of the grounds on which the review is sought.
(7) The
panel shall review the decision, and confirm, reverse or vary the decision.
(8) On
reviewing the decision, the panel shall within 21 days –
(a) notify
the person in writing of its decision on the review, stating the reasons for
the decision; and
(b) give
a copy of the notification (including the reasons) to the Connétable
whose decision has been reviewed.
(9) The
notification under paragraph (8) shall inform the person of Regulation 21
(which relates to appeals to the Royal Court).
21 Appeal to Royal
Court
(1) A
person who is aggrieved by a decision by a panel of the Comité des
Connétables on a review under Regulation 20 may appeal against the
decision to the Royal Court.
(2) The
appeal shall be brought within 28 days after the panel notifies the person
in writing of the decision, or within such further time as the Royal Court
allows.
(3) On
hearing the appeal, the Royal Court may confirm, reverse or vary the decision ,
and make such order as to costs as it thinks fit.
22 Fees
(1) The
fee specified in Schedule 3 shall be payable in respect of an application
for a general permit or single permit.
(2) A
fee that is payable in respect of an application shall be credited to the
revenues of the parish to whose Connétable the application must be made.
23 Production of
permit
(1) The
holder of a general permit or single permit shall, when required to do so by or
on behalf of –
(a) the
Connétable by whom it is granted; or
(b) (if
the shop is a vehicle) any Connétable in whose parish the vehicle is for
the time being open under the permit,
produce it to that Connétable or to a person who is
authorized in writing for the purpose of this Regulation by that
Connétable.
(2) The
holder of a permit need not comply with a requirement made under paragraph (1)
by a person other than the Connétable if –
(a) he
or she asks the person making the requirement to show the holder a copy of the authorization;
and
(b) the
other person does not do so.
(3) The
holder of a general permit or single permit shall, within 7 days after the
permit ceases to have effect, deliver it to the Connétable by whom it
was granted.
(4) A
permit holder who contravenes either of paragraphs (1) and (3) shall be
guilty of an offence and liable to a fine of level 2 on the standard
scale.
24 Transitional
provisions and saving
(1) Where,
immediately before the commencement of the present Law, a transaction is
excepted under Article 3 of the 1960 Law from the prohibition of the
opening of a shop for the serving of customers on a Sunday, the shop shall in
respect of the transactions to which the exception relates be exempt from the
prohibition in Article 2(1) of the present Law.
(2) An
exemption under paragraph (1) shall cease to have effect on the expiry of
the period of 3 months immediately following the commencement of Article 2(1)
of the present Law.
(3) Where
a permit granted under Article 4 of the 1960 Law is in force immediately
before the commencement of Article 2(1) of the present Law it shall on the
commencement of the present Law remain in force according to its tenor.
(4) A
permit to which paragraph (3) applies shall continue in force (whether or
not it has been granted for more than 10 days), as if it were a single
permit granted under these Regulations, until it expires according to its tenor
or is sooner revoked under a ground specified in any of subparagraphs (b),
(c) and (d) of Regulation 18(1).
25 Citation and
commencement
(1) These
Regulations may be cited as the Shops (Regulation of Opening) (Jersey) Regulations 2011.
(2) These
Regulations shall come into force on the same day as the Shops (Regulation of
Opening and Deliveries) (Jersey) Law 2010[4].
A.H. Harris
Deputy Greffier of the States