Food Safety
(Ice-Cream Stalls etc.) (Jersey) Order 1969[1]
1 Interpretation
In this
Order, unless the context otherwise requires –
“Law” means the Food Safety (Jersey)
Law 1966;
“licensed” means licensed under Article 3
of this Order;
“stall” includes any stand, marquee, tent,
mobile canteen, vehicle (whether movable or not), vending machine or pitch from
which food is sold.
2 Duty
to license
No vehicle or stall shall
be used for the sale or the exposure or offer for sale of ice-cream or the
preparation for the purposes of sale of ice-cream, unless that vehicle or stall
is for the time being licensed by the Minister.
3 Applications
for licence
(1) An
application for a licence shall be in such form and shall contain such
particulars as the Minister may require and, in particular,
shall specify –
(a) the purpose or purposes
for which the licence is applied for;
(b) the vehicle or stall
for which the licence is required; and
(c) all rooms or premises
to be used in connection with the use of the vehicle or stall.
(2) Every
application for a licence shall be accompanied by a fee of £127.60.[2]
(3) Where
an application is made in accordance with the provisions of paragraph (1),
the Minister shall, subject to the provisions of Article 4, license the
vehicle or stall in respect of which the application is made to be used for the
sale or the offer or exposure for sale of ice-cream or the preparation for the
purposes of sale of ice-cream or all or any of those purposes as the case may
be.
(4) A
licence shall, unless previously cancelled, remain in force until the 31st December next following the day on which it takes
effect, but shall be renewable annually, and the same provisions shall apply to
the renewal of a licence as apply to the grant of a licence.[3]
4 Refusal
or cancellation of licence[4]
(1) If, in relation to any
vehicle or stall in respect of which an application is made for a licence or in
respect of which a licence is in force, it appears to the Minister that the
requirements of any Order in force under Article 17 of the Law are not
complied with in connexion with the use of the vehicle or stall, the Minister
may serve on the applicant for the licence or, as the case may be, on the
person holding the licence in respect of the vehicle or stall, a notice stating
the place and time, not being less than 21 days after the date of the service
of the notice, at which the Minister proposes to take the matter into
consideration and informing the person that the person may attend before the
Minister with any witnesses whom the person desires to call, at the place and
time mentioned to show cause why the Minister should not, for reasons specified
in the notice, refuse the application or, as the case may be, cancel the
licence, either wholly or in part, in force in respect of the vehicle or stall.
(2) A person entitled under
the provisions of paragraph (1) of this Article to appear before the
Minister may appear in person or by an advocate or solicitor or any other
representative, or may be accompanied by any person whom the first person may
wish to assist himself or herself in the proceedings.
(3) If a person on whom a
notice is served under the provisions of paragraph (1) fails to show cause
to the satisfaction of the Minister, the Minister may refuse the application
or, as the case may be, cancel the licence, either wholly or in part, in force
in respect of the vehicle or stall, and shall, as soon as may be, cause the
person to be given notice of the Minister’s decision in the matter, and
shall, if so required by the person within 14 days from the day on which
such notice was given to the person, furnish to the person within 7 days
after receiving the requirement, a statement of the grounds on which the
decision was based.
(4) A person aggrieved by a
decision of the Minister under this Article to refuse to grant a licence, or to
cancel a licence, either wholly or in part, may, within 30 days of the day
on which notification of the Minister’s decision refusing or cancelling
the licence was sent to the person, appeal to the Inferior Number of the Royal
Court, in term or in vacation, and the Court shall make such order in the
matter as it thinks fit.
5 Transfer
of ownership
(1) On any change in the
ownership of a vehicle or stall in respect of which a licence is in force, the
incoming owner shall, if the owner intends to use the vehicle or stall for the
sale or the offer or exposure for sale of ice-cream, or the preparation for the
purposes of sale of ice-cream, forthwith give notice of the change of ownership
to the Minister.
(2) If a person required to
give notice under the provisions of paragraph (1) fails so to do, the person
shall be liable to a fine not exceeding £10.
6 Production
and delivery of licence
(1) Every person using a
vehicle or stall in respect of which a licence is in force shall, when required
by or on behalf of the Minister to do so, produce or deliver that licence to
the Minister or to an authorized officer.
(2) If a person required to
produce or deliver a licence under the provisions of paragraph (1) fails
so to do, the person shall be liable to a fine not exceeding £10.
7 Penalty
for using stall or vehicle in contravention of Article 2
If any person uses a vehicle or stall in contravention of the
provisions of Article 2 the person shall be liable to a fine not exceeding
£500 and, in the case of a second or subsequent offence, to a fine not
exceeding £1,000 or to imprisonment for a term not exceeding 2 years or
to both such fine and such imprisonment.
8 Citation
This Order may be cited as the Food Safety (Ice-Cream Stalls etc.)
(Jersey) Order 1969.[5]
[1] This
Order has been amended by the States of Jersey (Amendments and Construction
Provisions No. 5) (Jersey) Regulations 2005. The amendments replace all
references to a Committee of the States of Jersey with a reference to a
Minister of the States of Jersey, and remove and add defined terms
appropriately, consequentially upon the move from a committee system of
government to a ministerial system of government
[2] Article 3(2) amended
by R&O.6166, R&O.6547, R&O.6881, R&O.7086, R&O.7334,
R&O.7464, R&O.7576, R&O.7709, R&O.7800, R&O.7965,
R&O.8117, R&O.8283, R&O.8476, R&O.8583, R&O.8744,
R&O.8865, R&O.9008, R&O.9165, R&O.9330, R&O.22/2000,
R&O.140/2000, R&O.182/2001, R&O.161/2002, R&O.132/2003, R&O.151/2004,
R&O.171/2005, R&O.103/2006, R&O.143/2007, R&O.168/2008,
R&O.138/2009, R&O.135/2010, R&O.177/2011, R&O.166/2012,
R&O.165/2013, R&O.214/2014, R&O.169/2015, R&O.185/2020,
R&O.116/2022, R&O.122/2023, R&O.81/2024
[3] Article 3(4) amended
by R&O.6166
[4] Article 4 substituted
by R&O.45/2005
[5] citation the
name of this Order was revised from the “Food and Drugs (Ice-cream Stalls
etc.) (Jersey) Order 1969” to the “Food Safety (Ice-cream Stalls
etc.) (Jersey) Order 1969” by the Law Revision Board in pursuance of the
law revision powers contained in the Law Revision (Jersey) Law 2003 and in
response to amendments which made the original name unsuitable