Licensed Premises
(Exclusion of Certain Persons) (Jersey) Law 1998
A LAW to empower
the courts to make orders excluding certain categories of convicted persons
from licensed premises
Commencement [see endnotes]
1 Interpretation
In this Law, unless the
context requires otherwise –
“Chief Officer”
means the Chief Officer of the States of Jersey Police Force;
“court” means
the Royal Court or the Magistrate’s Court;
“licensed premises”
means any licensed premises within the meaning of the Licensing (Jersey)
Law 1974, in respect of which an on-licence issued under that Law is
in force;
“licensee”, in
relation to any licensed premises, means the holder of the licence granted in
respect of those premises;
“police officer”
means a member of the Honorary Police or a member of the States of Jersey
Police Force;
“specified premises”,
in relation to an exclusion order, means –
(a) any licensed premises which the court may
specify by name and address in the order; and
(b) all licensed premises in respect of which
there is a licence of any category which the court may specify in the order.
2 Exclusion orders
(1) Where
the court by or before which a person is convicted of an offence is satisfied
that, in committing the offence, the person resorted to violence or offered or
threatened to resort to violence, and that the person’s consumption of
alcohol was a contributory factor in the commission of the offence, the court
may, subject to paragraph (3), make an exclusion order prohibiting the
person from entering any specified premises.
(2) Where
a person is convicted of an offence against Article 5 or 8 of the Misuse of Drugs (Jersey)
Law 1978 committed on licensed premises, the court by or before which
the person is convicted may, subject to paragraph (3), make an exclusion
order prohibiting the person from entering those and any other specified
premises.
(3) An
exclusion order may be made either –
(a) in addition to any sentence which is imposed
in respect of the offence of which the person is found guilty; or
(b) in addition to a probation order, an order
that the person be bound over or an order discharging the
person
absolutely or conditionally,
but not otherwise.
(4) An
exclusion order shall have effect for such period, being not less than 3 months
or more than 2 years, as is specified in the order, unless it is terminated or
varied under Article 3(2).
(5) Where
the person convicted of an offence referred to in paragraph (1) or (2) is
sentenced to a term of imprisonment for that offence, the court may specify
that the exclusion order shall take effect from the day on which the person is
released from prison.
3 Breach of exclusion order
(1) A
person who enters any licensed premises in breach of an exclusion order shall
be guilty of an offence and liable to a fine not exceeding level 3 on the
standard scale or to imprisonment for a term not exceeding 6 months, or to
both.
(2) The
court by which a person is convicted of an offence under paragraph (1) may
terminate the exclusion order or vary the exclusion order by adding to or
deleting any of the specified premises or, subject to paragraph (3),
reducing or extending the period for which the order has effect.
(3) The
period for which the order has effect may not be reduced so as to be less than 3
months or extended so as to be more than 2 years.
(4) A
licensee who, either personally or by any servant, permits a person to enter or
remain on licensed premises in breach of an exclusion order shall be guilty of
an offence and liable to a fine not exceeding level 3 on the standard scale or
to imprisonment for a term not exceeding 6 months or to both.
(5) It
shall be a good defence to any proceedings in respect of an offence against paragraph (4)
for the licensee to prove that the licensee took all reasonable precautions to
prevent the commission of the offence by the licensee or by any servant of the
licensee.
(6) A
licensee’s servant who knowingly permits a person to enter or remain on
licensed premises in breach of an exclusion order shall be guilty of an offence
and liable to a fine not exceeding level 3 on the standard scale or to
imprisonment for a term not exceeding 6 months or to both.
4 Notice of exclusion order
(1) Upon
an exclusion order or an order varying or terminating an exclusion order being
made, a copy of the order shall be sent to the Chief Officer by –
(a) where the order is made by the Royal Court,
the Judicial Greffier; and
(b) where the order is made by the
Magistrate’s Court, the Magistrate’s Court Greffier.
(2) Upon
receiving a copy of an order pursuant to paragraph (1), the Chief Officer
shall notify every licensee of specified premises that the order has been made.
5 Power to refuse admittance to or expel person from licensed
premises
(1) Without
prejudice to any other right to refuse to admit to, and expel a person from
licensed premises, the licensee or the licensee’s servant may refuse to
admit to or expel from those premises any person who has entered or whom the
licensee reasonably suspects of having entered the premises in breach of an
exclusion order.
(2) Any
police officer shall, at the request of the licensee or the licensee’s
servant, help to expel from licensed premises any person whom the officer
reasonably suspects of having entered in breach of an exclusion order, and may
use such force as may be required for the purpose.
6 Citation
This Law may be cited as the Licensed Premises (Exclusion of
Certain Persons) (Jersey) Law 1998.