Unlawful
Public Entertainments (Jersey) Regulations 2019
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 such conditions as the Bailiff
thinks fit.
(4) [2]
(5) [3]
2 Contravention of condition of permission an offence
An organiser of, or a person otherwise concerned in providing, a
public entertainment commits an offence and is liable 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 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 Citation, commencement and duration
(1) These Regulations may be cited as the Unlawful
Public Entertainments (Jersey) Regulations 2019.
(2) These Regulations come into force on 21st
July 2019 and remain in force for 3 years from that date.