Tourism (Jersey)
Law 1948[1]
A LAW to make provision for the
encouragement and development of Tourism in Jersey, to establish effective
control of the accommodation and attractions available for tourists and to
provide for connected matters
Commencement [see endnotes]
1 Interpretation
(1) In this Law, unless the
context otherwise requires –
“Minister” means the Minister for Sustainable Economic
Development;
“prescribed” means prescribed by Order of the Minister
under this Law;
“proprietor”, in relation to any premises, means the
proprietor of the business conducted on those premises;
“register” means a register established in pursuance of Article 6
or, as the case may be, register in such a register, and the expressions
“registered” and “registration” shall be construed
accordingly;
“scale of charges”, in relation to any premises, means
the scale of all the charges made for rooms, meals and services provided in
those premises.[2]
(2) For the purposes of
this Law –
(a) the
premises on which is conducted a business in the course of which lodging is
provided for reward, shall include all premises and parts of premises on which
are lodged persons who pay a consideration therefor to the proprietor of the
business; and
(b) in
computing the number of persons for whom lodging is provided on any premises at
any one time, account shall not be taken of the proprietor of the premises, the
members of the proprietor’s family or the persons employed by the
proprietor in the conduct of the business.
2 Powers and duties of Minister[3]
The Minister for Sustainable Economic Development shall exercise the
powers conferred, and perform the duties imposed, upon the Minister by this Law.
3 Officers and servants of
the Minister
(1) The Minister shall
appoint such officers and servants as may be necessary to assist the Minister
in the exercise of his or her functions under this Law and generally for the
purpose of carrying this Law into effect, and such appointments shall be
subject to such conditions as the Minister may determine.
(2) The chief executive
officer appointed in pursuance of this Article and the chief executive
officer’s deputies so appointed shall, on appointment, take oath before
the Royal Court well and faithfully to discharge the duties of their respective
offices.
4 General powers of the
Minister[4]
In addition to the powers specifically conferred, and to the duties
imposed, upon the Minister by this Law, it shall be lawful for the Minister to
do all or any of the following things, that is to say –
(a) to provide, or assist,
financially or otherwise, in providing, services, sports, amusements, or other
facilities, which appear to the Minister to be calculated to improve tourism;
(b) to provide, improve and
maintain amenities and conditions which appear to the Minister to be likely to
affect tourism;
(c) to establish or assist
in establishing, either in Jersey or elsewhere, any form of information bureau
or agency in connection with tourism;
(d) to prepare and publish
guide-books, itineraries, time-tables and other publications, with or without
advertising matter, for the benefit or assistance of tourists;
(e) to engage in any other
kind of publicity in connection with tourism;
(f) to make charges
for any goods supplied or services afforded in connection with any of the
foregoing matters.
5 Duty to register
Subject to any exemptions granted under Article 7, no person
shall conduct any business in the course of which lodging, with or without
board, is provided for reward, unless the premises in which such business is
conducted are registered in pursuance of this Law:
Provided that nothing in this Article shall require the registration
of –
(a) any educational
establishment; or
(b) any premises in which
lodging for reward at any one time is provided for less than the prescribed
number of persons.
6 Classification of premises[5]
(1) For the purposes of
this Law, the Minister shall establish and maintain registers of premises
classified according to such matters relating to the general character thereof
and the type of accommodation and services provided therein, and to such other
matters as the Minister may by Order prescribe.[6]
(2) There shall be entered
in the several registers respectively the following matters in respect of the
premises registered therein, that is to say –
(a) the
full name, address and description of the proprietor;
(b) the
name of the establishment and the address or situation of the premises;
(c) such
other particulars as the Minister may consider necessary or expedient.
(3) Premises registered in
any one of the registers shall not, while so registered, be capable of being
registered in any other of the registers.
7 Exemptions from duty to
register
(1) The Minister may, in
his or her absolute discretion, grant exemptions from the provisions of Article 5
in respect of –
(a) any
establishment carried on by an organization not conducted for profit;
(b) any
establishment in which lodging for tourists is not normally provided for
reward,
and any such exemption may be granted in respect of any
establishment or any class or description of establishments.
(2) The Minister may attach
to any exemption granted under this Article such conditions as he or she thinks
fit and may at any time vary such conditions or withdraw the exemption.
8 Duration of registration
Every registration in pursuance of this Law shall expire on 31st December
next following the date on which it takes effect but shall be renewable
annually in the manner provided by this Law.
9 Applications
(1) Every application for
the registration or for the renewal of the registration of any premises
(whether or not such premises are required by this Law to be registered)
shall –
(a) be in
the form required from time to time by the Minister;
(b) in
the case of an application for registration, specify the register in which the
applicant desires the premises to be registered;
(c) in
the case of an application for renewal of registration specify the register in
which the premises are registered;
(d) be
accompanied by a scale of charges which the applicant proposes to make in the
period to which the application relates;
(e) contain,
or be accompanied by, such other particulars as the Minister may require;
(f) be
accompanied by such fee as may be prescribed.
[7]
(2) Every application for
renewal of registration shall be made in the month of October and, if the
application is not made in that month, the Minister may refuse to renew the
registration.
10 Registration and renewals
(1) Where an application is
duly made to the Minister under Article 9, the Minister, in the case of an
application for registration, shall, and, in the case of an application for
renewal of registration, may, cause the premises to which the application
relates to be inspected by an officer in an administration of the States for
which the Minister is assigned responsibility.
(2) Where any premises have
been inspected in pursuance of paragraph (1) and the Minister is of
opinion that such premises are not qualified for registration in the register
specified in the application, the Minister shall give notice to that effect to
the applicant and, if the Minister considers that the premises are qualified
for registration in some other register, shall so notify the applicant, and
such notice shall contain a statement that the applicant may, within 14 days
after the service of the notice, make written representations in the matter to
the Minister.
(3) On receipt of any such
written representations as aforesaid or at the expiration of the said period of
14 days (or such longer period as the Minister in his or her absolute
discretion may allow), the Minister shall reconsider the application, together
with any such representations, and, if the Minister thinks fit, shall cause a
further inspection of the premises to be made.
(4) If no written
representations have been submitted to the Minister, or if the applicant
declares himself or herself unwilling to accept registration or renewal of
registration of the premises in such register as may have been specified by the
Minister as the register in which the premises are considered to be qualified
for registration, or if the Minister, having considered any representations
submitted by the applicant, remains of opinion that the premises are not
qualified for registration in the register specified in the application, the
Minister shall refuse the application and shall notify the applicant
accordingly:
Provided that where written representations have been submitted to
the Minister, the Minister shall not refuse the application unless the Minister
has caused a further inspection of the premises to be made and has considered
the report made thereon.
(5) Any further inspection
in pursuance of this Article shall not be made by the same officer as carried
out the original inspection.
(6) Notwithstanding
anything contained in the foregoing provisions of this Article, the
Minister –
(a) may
attach such conditions as the Minister thinks fit to the registration or the
renewal of the registration of any premises;
(b) may
refuse an application for the registration or the renewal of the registration
of any premises if the Minister is of opinion that the application ought not,
in the public interest, to be granted;
(c) may
refuse any application for the renewal of the registration of any premises if
the Minister is of opinion that, during the preceding period of registration,
the applicant has without the consent of the Minister, made charges in excess
of those specified in the scale of charges furnished by the applicant with the
applicant’s application in relation to that period; or has otherwise
conducted the applicant’s business in such a manner as to bring serious
discredit on Jersey as a centre for tourists;
(d) may
refuse an application for the registration or the renewal of registration of
any premises if the Minister is of opinion that the name under which it is
proposed that the premises be registered is in any way misleading or is
otherwise undesirable.[8]
(7) Where the Minister
grants any application, the Minister shall notify the applicant that the
registration or renewal of registration will be effected upon payment to the
Minister of the appropriate prescribed fee, and, upon receipt of the said fee,
the Minister shall effect the registration or renewal of registration.
(8) The fees prescribed for
the purposes of this Article may be so prescribed as to vary in amount
according to the register in which the relevant premises are to be, or are,
registered, and according to such other matters as the Minister may think
proper.
11 Occupation of registered premises[9]
(1) The Minister may
prescribe such conditions as the Minister thinks fit relating to the occupation
of registered premises by any person or category of persons and such conditions
may be applicable either generally to all registered premises or to any
classification of registered premises.
(2) The power conferred by paragraph (1)
shall be in addition to, and not in derogation of, the power conferred on the
Minister by Article 10(6)(a).
12 Penalty for failure to register or to
comply with exemption or registration conditions
If any person conducts any business in contravention of Article 5,
or commits a breach of, or fails to comply with, any conditions attached to any
exemption in pursuance of Article 7 or to the registration or the renewal
of the registration of any premises in pursuance of Article 10, the person
shall for each offence be liable to a fine. [10]
13 Registration certificates
(1) Where the Minister
registers, or renews the registration of, any premises, the Minister shall
issue to the registered proprietor, free of charge, a registration certificate
in respect of the premises.
(2) Every registration
certificate shall contain a sufficient description of the premises to which it
relates, the name of the proprietor, the date on which the registration or
renewal of registration expires, and such other matters as the Minister may think
fit and shall be signed by an officer in an administration of the States for
which the Minister is assigned responsibility, being an officer who has been
authorized in that behalf by the Minister.
14 Amendment of register in certain
circumstances
Where it appears to the Minister that any entry in a register is
inaccurate, erroneous or misleading, the Minister may amend or cancel the entry
and amend the relevant registration certificate accordingly.
15 Cancellation of registration[11]
The Minister may at any time cancel the registration of any
registered premises, and withdraw the relevant registration certificate, on any
grounds on which under Article 10(6) the registration or the renewal of
the registration of the premises might be refused or on the ground that the
premises have ceased to be qualified for registration in the register in which
they are registered.
16 Display of registration certificates
(1) Every registered
proprietor shall keep the proprietor’s registration certificate displayed
in a prominent position in the entrance hall of the main building of the
proprietor’s registered premises where it may be seen by persons using
the premises in the ordinary course of business thereon, save when the
certificate has been returned to the Minister in accordance with this Law.
(2) If any registered
proprietor fails to comply with the provisions of this Article, the proprietor
shall be liable to a fine of level 2 on the standard scale.[12]
17 Production and delivery of
registration certificates
(1) A registered proprietor
shall –
(a) when
required by or on behalf of the Minister so to do, produce or deliver the
proprietor’s registration certificate to the Minister or to an officer in
an administration of the States for which the Minister is assigned responsibility,
being an officer who has been authorized in that behalf by the Minister;
(b) deliver
the proprietor’s registration certificate to the Minister immediately
upon the expiration of the period to which it relates.
(2) If any registered
proprietor fails to comply with the provisions of this Article, the proprietor
shall for each offence be liable to a fine of level 2 on the standard scale.[13]
18 Replacement of registration
certificates
Where a registered proprietor satisfies the Minister that the
proprietor’s registration certificate has been accidentally lost,
destroyed or defaced, the Minister may, upon payment of the prescribed fee by
the registered proprietor, issue a new certificate in place thereof.
19 Restriction on description and
advertising of premises[14]
(1) It shall not be lawful
for the proprietor of any premises not being registered premises to describe or
hold out, or procure any person to describe or hold out, such premises as being
registered premises.
(2) It shall not be lawful
for the registered proprietor of any registered premises to print or publish,
or cause to be printed or published, any advertisement or advertising matter
relating to the premises, unless the designation of the register in which the
premises are registered is stated in such advertisement or advertising matter.
(3) If any person acts in
contravention of the provisions of this Article, the person shall for each
offence be liable to a fine of level 3 on the standard scale.[15]
20 Grading of registered premises
(1) The Minister may from
time to time grade the premises registered in any register according to such
matters as the Minister thinks proper.
(2) Where any registered
premises have been graded under this Article, the Minister may at any time, if
the Minister thinks proper, withdraw the grade then allotted to such premises
and allot a different grade.
(3) Where any registered
premises have been graded under this Article, it shall not be lawful for the
registered proprietor thereof to describe or hold out such premises as being of
a grade other than that for the time being allotted.
(4) If any registered
proprietor acts in contravention of paragraph (3), the proprietor shall
for each offence be liable to a fine of level 3 on the standard scale.[16]
21 Devolution and transfer of registered
premises
(1) In the event of the
death of the registered proprietor of any registered premises, the following
provisions shall have effect, that is to say –
(a) the
death of the registered proprietor shall not of itself terminate the
registration of the premises;
(b) the
person charged with the administration of the estate of the deceased registered
proprietor, shall be entitled, on application in the prescribed form and manner
to the Minister, to be registered as the registered proprietor of the premises;
(c) until
such registration as aforesaid, the person actually carrying on the business
conducted on the premises shall be deemed to be the registered proprietor.
(2) Where the registered
proprietor (in this paragraph referred to as “the transferor”) of
any registered premises transfers, on sale or otherwise, the business conducted
on the premises to another person (in this paragraph referred to as “the
transferee”), the following provisions shall have effect, that is to
say –
(a) subject
as hereinafter provided, the Minister shall, on application made by the
transferee in the prescribed form and manner and on payment of the prescribed
fee, and on being satisfied that the transferee has become the proprietor of
the premises, register the transferee as the proprietor:
Provided that the
Minister may refuse such registration on any grounds on which under Article 15
the Minister would be entitled to cancel the registration;
(b) where
the Minister refuses such registration, then, unless the transferor resumes the
conduct of the business forthwith, the Minister shall cancel the registration
of the premises:
(c) the
transferee shall, on being registered as aforesaid, be entitled to the benefit
of any application to the Minister made by the transferor in relation to the
premises and then pending, and shall be entitled to prosecute such application
as if it had been made by the transferee;
(d) notwithstanding
any such transfer as aforesaid, the transferor shall be treated as the
registered proprietor of the premises, for all the purposes of this Law, until
the transferee is registered as the proprietor thereof. [17]
22 Right of appeal[18]
(1) Any person aggrieved by
the refusal of the Minister to register or renew the registration of any
premises, or by the conditions attached to the registration or the renewal of
the registration of any premises, or by the amendment or the cancellation by
the Minister of the registration of any premises or by the refusal of the
Minister to transfer the registration of any premises, may, within 2 months of
the date of the notification of the decision of the Minister in the matter,
appeal to the Inferior Number of the Royal Court, on the ground that the
decision of the Minister was unreasonable having regard to all the circumstances
of the case.
(2) Any appeal under this Article
may be heard and determined either in term or in vacation.
23 Power to obtain information
(1) The Minister, if he or
she thinks it necessary so to do for the purpose of carrying this Law into
effect, may by direction given with respect to any registered premises, or by
Order made with respect to any class or description of registered premises,
require the registered proprietor of the premises or of any premises of that
class or description –
(a) to keep
such books, accounts and records relating to the premises, and to the business
conducted thereon, as may be prescribed by the direction, or by the Order or a
notice served thereunder, as the case may be;
(b) to
furnish, at such times, in such manner and in such form as may be so
prescribed, such estimates, returns or information relating to the premises and
to the business conducted thereon as may be so prescribed.
(2) For the purposes of
this Article “registered premises” includes any premises in respect
of which an exemption under Article 7 has been granted and the expression
“registered proprietor” shall be construed accordingly.
(3) If any person refuses
or without lawful excuse fails to comply with any requirement made in pursuance
of this Article or, in complying with any such requirement, furnishes or causes
to be furnished any estimate, return or information which the person knows to
be false in a material particular, the person shall be liable to a fine of
level 3 on the standard scale.[19]
24 Inspection
(1) Any officer in an
administration of the States for which the Minister is assigned responsibility,
being an officer who has been generally or specially authorized in that behalf
(in this Article referred to as an “inspector”) shall be entitled
at all reasonable times, subject to the production by the inspector if so
required of evidence of the inspector’s authority, to enter and inspect
any registered premises or any premises in respect of which an exemption under Article 7
has been granted or an application for registration has been made or on which the
inspector has reason to believe that a business is being conducted in
contravention of this Law, and to require the proprietor of those premises, or
any person employed therein to furnish to the inspector such information in
relation to those premises and to the business conducted thereon as may be
reasonably necessary for the purposes of the administration of this Law.
(2) Every person
who –
(a) obstructs
or impedes an inspector in the exercise of any of the powers conferred by this Article;
(b) fails
or refuses to give to an inspector on demand any information which such
inspector is entitled to demand under this Article; or
(c) wilfully
gives to an inspector information which is false or misleading in a material
particular,
shall be liable to a fine of level 3 on the standard scale.[20]
25 Evidence of contents and inspection of
registers
(1) Prima facie evidence of an entry in any register
may be given in any court or in any legal proceedings by the production of a
copy of such entry purporting to be certified to be a true copy by an officer
in an administration of the States for which the Minister is assigned
responsibility, being an officer who has been authorized in that behalf by the
Minister and it shall not be necessary to prove the signature of such officer
or that the officer was in fact such officer or was in fact so authorized.
(2) A certificate
purporting to be signed by an officer in an administration of the States for
which the Minister is assigned responsibility, being an officer who has been
authorized in that behalf by the Minister, that any premises specified in such
certificate are not entered in the register specified in such certificate shall
be conclusive evidence of the matters so certified, and it shall not be
necessary to prove the signature of such officer, or that the officer was in
fact such officer or was in fact so authorized.
26 Display of scale of charges
(1) The Minister may
require any registered proprietor to display in such places in the
proprietor’s registered premises, such and so many lists in easily
legible form, as the Minister thinks proper, of the scale of charges for the
time being applicable in respect of such premises.
(2) If any registered
proprietor fails to comply with any requirement made in pursuance of this Article,
the proprietor shall be liable to a fine of level 2 on the standard scale.[21]
27 External signs
(1) The Minister may supply
to registered proprietors signs suitable for display on the outside of their
registered premises in such form and containing such information relating to
the premises as the Minister thinks proper.
(2) It shall be the duty of
a registered proprietor to whom a sign has been supplied by the Minister under
this Article to keep such sign displayed in a prominent position outside and at
or near the principal entrance to the proprietor’s registered premises,
and if the proprietor fails to do so the proprietor shall be liable to a fine of
level 2 on the standard scale. [22]
(3) If any registered
proprietor, without the authority of the Minister, displays outside the
proprietor’s registered premises any sign indicating the classification
or grading of such premises, other than sign supplied by the Minister under
this Article, the proprietor shall for each offence be liable to a fine of
level 2 on the standard scale. [23]
28 Annual list of registered premises
(1) The Minister shall
publish or cause to be published at least once in every year a list of
registered premises arranged so as to show separately premises registered in
the several registered, including, in respect of any premises mentioned in the
list, such information as the Minister thinks proper in relation to the
classification or grading of such premises, the scale of charges applicable in
respect thereof and any other matter of interest to tourists.
(2) Notwithstanding
anything contained in paragraph (1), where any registered proprietor
requests the Minister to omit the proprietor’s registered premises from
the list of registered premises for any year, the Minister may omit such
premises from the said list if, having regard to all the circumstances of the
case, the Minister thinks it proper to do so.
29 Service of notices, etc.
Service of any notice, requirement or other document under or for
the purposes of this Law may be effected either –
(a) by delivering it to the
person on whom it is to be served;
(b) by leaving it at the
usual or last known place of abode of that person or, in the case of a company,
at its registered office or its principal place of business;
(c) by sending it by post
in a prepaid letter addressed to that person at the person’s usual or
last known place of abode or, in case of a company, at its registered office or
its principal place of business; or
(d) in the case of an
applicant for registration or renewal of registration, by sending it by post in
a prepaid letter addressed to the applicant at the premises to which the
application relates.
30 Offences by managers, agents, etc.
Where an offence for which the proprietor of any premises 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
proprietor, shall be deemed to be guilty of that offence and shall be liable to
be prosecuted and punished accordingly.
31 Falsification and wrongful use of
registration certificates
(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 the person’s possession any document so closely resembling a
registration certificate as to be calculated to deceive,
the person shall for each offence be liable to a fine not exceeding
£1,000 or to imprisonment for a term not exceeding 6 months, or to both
such fine and such imprisonment. [24]
(2) If any person, for the
purpose of procuring, whether for himself or herself or any other person, the
issue or the variation of a registration certificate, makes any statement which
the person knows to be false or recklessly makes any statement which is false
or withholds any material information, the person shall for each offence be
liable to imprisonment for a term of 6 months and to a fine.[25]
32 Orders
(1) The Minister may make
Orders prescribing anything which is by this Law to be prescribed and generally
for the purpose of carrying this Law into effect, and any such Order may
prescribe penalties, a fine up to level 3 on the standard scale, for
infractions thereof.[26]
(2) [27]
(3) [28]
33 [29]
34 Citation
This Law may be cited as the Tourism (Jersey) Law 1948.