Tourism (General
Provisions) (Jersey) Order 1990[1]
PART 1
PRELIMINARY
1 Interpretation
In this Order, unless the context otherwise requires –
“appointed day” means 1st October 1990;
“existing Order” means the repealed Tourism (General
Provisions) (Jersey) Order 1958;
“Law” means the Tourism (Jersey) Law 1948;
“previously registered guest house” means premises
which, immediately before the appointed day, were registered in the Guest House
Register pursuant to Article 5 of the existing Order;
“previously registered hotel” means premises which, immediately
before the appointed day, were registered in either the First or the Second
Register pursuant to Article 3 or 4 of the existing Order;
“resident guest” means a person lodging for payment on
registered premises;
“site of special interest” has the same meaning as in
Chapter 1 of Part 6 of the Planning and Building (Jersey) Law 2002.[2]
2 Classification
of premises
(1) For the purposes of the
Law, the Minister shall establish and maintain registers of premises classified
as follows –
(a) a
register relating to premises classified as hotels, which shall be called the
Hotel Register;
(b) a
register relating to premises classified as guest houses, which shall be called
the Guest House Register;
(c) a
register relating to premises classified as self-catering accommodation, which
shall be called the Self-Catering Accommodation Register;
(d) a
register relating to premises classified as youth hostels, which shall be
called the Youth Hostel Register;
(e) a
register relating to premises classified as holiday camps, which shall be
called the Holiday Camp Register;
(f) a
register relating to premises classified as camp sites, which shall be called
the Camp Site Register.
(2) Subject to Article 10,
premises registered in the Hotel Register, Guest House Register or Holiday Camp
Register may include accommodation which is offered for occupation on a
self-catering basis.
PART 2
HOTEL REGISTER
3 Registration
of hotels
(1) No premises shall be
registered in the Hotel Register unless the Minister is satisfied that the
premises meet the requirements set out in Article 4.
(2) If the premises in
respect of which application for registration is made include accommodation
which is to be offered for occupation on a self-catering basis, the provisions
of Article 10 shall also apply.
4 Requirements
for registration as hotel
(1) The requirements
referred to in Article 3(1) are that –
(a) the
premises –
(i) are of solid and
substantial construction and in good repair, and
(ii) subject
to paragraph (2), are part of a single building or a series of internally
linked buildings.
(b) the
premises are suitably constructed or adapted for the lodging of persons in
private rooms or apartments and for the provision and service of –
(i) such meals as may
be offered, and
(ii) refreshments,
at times when such meals or refreshments are customarily available
in an hotel;
(c) the
premises are suitably designed or properly adapted for hotel purposes;
(d) subject
to paragraph (3), the sleeping accommodation, excluding any rooms or
apartments offered for occupation exclusively on a self-catering basis, is
provided by at least 16 bedrooms;
(e) the
sleeping accommodation is provided by separate bedrooms which can be
individually locked, are so numbered or named as to make them readily
identifiable and are equipped with a wash basin serviced with a constant and
controllable supply of hot and cold running water;
(f)
(g) subject
to paragraph (5), the height of bedrooms, and the dimensions of windows
therein, meet the requirements prescribed for buildings to which the Building Bye-laws (Jersey) 2007 apply;
(h) in
addition to the electrical power points required for the operation of fittings
and appliances provided in bedrooms, there is at least one 13 amp power point
conveniently located for general use;
(i)
(j) excluding
any rooms or apartments offered for occupation exclusively on a self-catering
basis, the proportion of bedrooms provided with a private bathroom or shower
room, with water closet, serviced with a constant and controllable supply of
hot and cold running water, represents not less than 15% of the total number of
bedrooms available for resident guests;
(k)
(l)
(m) the
premises contain, for every 6 resident guests who are not accommodated in
bedrooms provided with private water closets, at least one separate, modern and
sanitary indoor water closet with a wash basin serviced with a constant and
controllable supply of hot and cold running water and hygienic hand drying
facility, each such water closet being conveniently located for use by those
resident guests;
(n) in
addition to any water closets which are provided for resident guests, the
premises contain in the vicinity of, and easily accessible from, the reception
or other public area, at least 2 modern and sanitary indoor water closets, one
for use by males and one for use by females, each with a wash basin serviced
with a constant and controllable supply of hot and cold running water and
hygienic hand drying facility;
(o) subject
to paragraph (9), if persons who are not resident guests are catered for,
the premises contain, for the use of such persons, a sufficient number of
modern and sanitary indoor water closets each with a wash basin serviced with a
constant and controllable supply of hot and cold running water and hygienic
hand drying facility, such water closets not being located on floors where
there are bedrooms, except in the case of the ground floor or where rooms for
the use of persons who are not resident guests are located other than on the
ground floor;
(p) the
premises contain, for resident guests who are not accommodated in bedrooms
provided with private bathrooms or shower rooms –
(i) where the number
of resident guests so accommodated does not exceed 9, at least one separate
bathroom serviced with a constant and controllable supply of hot and cold
running water,
(ii) for
every additional 9 resident guests so accommodated, at the rate of at least one
bathroom or shower room, serviced with a constant and controllable supply of
hot and cold running water,
such bathrooms or shower rooms being conveniently located for use by
those resident guests, with no separate charge being made for the use of the facilities;
(q)
(r) subject
to paragraph (11), the premises contain, for the use of resident guests, a
sitting room (other than a bar lounge) of adequate size with an acceptable
outlook and natural light, and conveniently located in relation to the reception
area of the premises;
(s) the
premises contain dining accommodation that is furnished with sufficient tables
for the efficient service of meals at one sitting to at least 30% of resident
guests that can be accommodated on the premises;
(t) the
premises contain kitchen and larder space of suitable size and design, together
with culinary facilities, sinks and refrigeration space adequate to meet the
requirements of the maximum number of persons for which the premises can cater
at any one time;
(u) the
premises are provided, where necessary, with chambermaids’ pantries on
floors on which bedrooms are located, adequate to the number of resident guests
accommodated on the floor in question;
(v) the
public areas of the premises are not used in a manner which deprives resident
guests of the normal facilities and amenities of the premises or unreasonably
reduces the standards of comfort and service which may normally be expected;
(w) the
premises are satisfactorily furnished, equipped, appointed and maintained, and
provide a standard of comfort and quality and service appropriate to the
Register;
(x) lighting
and ventilation are satisfactory throughout the premises, with heating
appropriate to seasonal requirements being provided at no extra charge;
(y) decor
is of a satisfactory standard throughout the premises;
(z) windows
are fitted where necessary either with suitable lined curtains or with blinds
and, in addition, with net curtains in any case where a bedroom is overlooked;
(aa) the floor
covering in all parts of the premises is suitable for its purpose;
(ab) corridors
normally intended for use by resident guests are satisfactorily lit to ensure
safety;
(ac) a public
telephone is installed in the premises and satisfactory arrangements exist for
resident guests to make and receive calls at all times;
(ad) precautions are
taken against fire and for the safety of persons in the case of fire, and
notices are posted in every bedroom as to the means of escape, in accordance
with the directions and recommendations of the States of Jersey Fire and Rescue
Service;
(ae) the premises
conform to a satisfactory standard of cleanliness, orderliness, safety and
general condition with satisfactory arrangements for water supply and sewage
disposal;
(af) a first aid
kit is readily available on the premises;
(ag) a responsible
person is available on the premises at all times, and details of how this
person may be contacted at night are clearly posted in the entrance hall of the
premises and in every bedroom;
(ah) the staff
employed on the premises is sufficient to maintain a satisfactory service in
all departments and the members of the staff are suitably trained and skilled
in their respective duties;
(ai) the
business is under the management of a fit and proper person who is experienced
and competent in hotel management.[3]
(2) The requirement set out
in paragraph (1)(a)(ii) –
(a) shall
not apply to a previously registered hotel if, immediately before the appointed
day, sleeping accommodation was provided in a separate building or buildings
and the amount of accommodation so provided has not increased on or after the
appointed day; or
(b) may
be waived by the Minister in respect of any premises in respect of which
registration is sought if –
(i) part of the
sleeping accommodation on the premises is provided in one or more separate
buildings,
(ii) sub-paragraph (a)
does not operate in respect of the premises, and
(iii) the
Minister is satisfied that the sleeping accommodation provided in the separate
buildings offers standards of accommodation and comfort comparable to those of
the sleeping accommodation provided elsewhere on the premises.[4]
(3) The provisions of
paragraph (1)(d) –
(a) shall
not apply to a previously registered hotel; and
(b) may
be waived by the Minister in respect of any premises in respect of which
registration is sought if the Minister is satisfied that the
premises –
(i) offer exceptional
standards of accommodation and comfort, and
(ii) comply
in all other respects with the requirements for registration.[5]
(4) [6]
(5) The provisions of
paragraph (1)(g) –
(a) shall
not apply to a previously registered hotel; and
(b) may
be waived by the Minister in relation to any premises if, at the time of
application for registration, the premises are a site of special interest.[7]
(6) [8]
(7) [9]
(8) [10]
(9) The provisions of
paragraph (1)(o) relating to the location of water closets for the use of
persons who are not resident guests shall not apply to a previously registered
hotel.
(10) [11]
(11) The Minister may, if
satisfied that special circumstances exist, relax the requirements of paragraph (1)(r).
(12) [12]
PART 3
GUEST HOUSE REGISTER
5 Registration
of guest houses
(1) No premises shall be
registered in the Guest House Register unless the Minister is satisfied that
the premises meet the requirements set out in Article 6.
(2) If the premises in
respect of which application for registration is made include accommodation
which is to be offered for occupation on a self-catering basis, the provisions
of Article 10 shall also apply.
6 Requirements
for registration as guest house
(1) The requirements
referred to in Article 5(1) are that –
(a) the
premises –
(i) are of solid and
substantial construction and in good repair, and
(ii) subject
to paragraph (2), are part of a single building or a series of internally
linked buildings;
(b) the
premises are suitably constructed or adapted for the lodging of persons in
private rooms or apartments and for the provision and service of –
(i) such meals as may
be offered, and
(ii) refreshments,
at times when such meals or refreshments are customarily available
in a guest house;
(c) the
premises are suitably designed or properly adapted for guest house purposes;
(d) the
sleeping accommodation, excluding any rooms or apartments offered for
occupation exclusively on a self-catering basis, is provided by a maximum of 24
bedrooms;
(e) the
sleeping accommodation is provided by separate bedrooms which can be
individually locked, are so numbered or named as to make them readily identifiable
and are equipped with a wash basin serviced with a constant and controllable
supply of hot and cold running water;
(f)
(g) subject
to paragraph (4), the height of bedrooms, and the dimensions of windows
therein, meet the requirements prescribed for buildings to which the Building Bye-laws (Jersey) 2007 apply;
(h) in
addition to the electrical power points required for the operation of fittings
and appliances provided in bedrooms, there is at least one 13 amp power point
conveniently located for general use;
(i)
(j) where
all resident guests are accommodated in bedrooms with private bathrooms or
shower rooms the premises contain at least one additional modern and sanitary
indoor water closet, with a hand basin serviced with a constant and
controllable supply of hot and cold running water and hygienic hand drying
facility and conveniently located for use by resident guests;
(k) the
premises contain for every 8 resident guests who are not accommodated in
bedrooms provided with private water closets, at least one separate, modern and
sanitary indoor water closet, with a hand basin serviced with a constant and
controllable supply of hot and cold running water and hygienic hand drying facility,
each such water closet being conveniently located for use by those resident
guests;
(l) subject
to paragraph (6), if persons who are not resident guests are catered for,
the premises contain, for the use of such persons, a sufficient number of modern
and sanitary indoor water closets, each with a hand basin serviced with a
constant and controllable supply of hot and cold running water and hygienic
hand drying facility, such water closets not being situated on floors where
there are bedrooms except in the case of the ground floor or where rooms for
the use of persons who are not resident guests are located other than on the
ground floor;
(m) the
premises contain, for resident guests who are not accommodated in bedrooms
provided with private bathrooms or shower rooms –
(i) where the number
of resident guests so accommodated does not exceed 12, at least one separate
bathroom serviced with a constant and controllable supply of hot and cold
running water, and
(ii) for
every additional 12 resident guests so accommodated, at the rate of at least
one bathroom or shower room serviced with a constant and controllable supply of
hot and cold running water,
such bathrooms or shower rooms being conveniently located for use by
those resident guests, with no separate charge being made for the use of the
facilities;
(n)
(o) subject
to paragraph (8), the premises contain at least one room (other than a bar
lounge) in a convenient location with an acceptable outlook and natural light,
and of adequate size to serve as a dining room and lounge for at least 30% of
resident guests that can be accommodated on the premises;
(p) the
premises contain kitchen and larder space of suitable size and design together
with culinary facilities, sinks and refrigeration space adequate to meet the
requirements of the maximum number of persons for which the premises can cater
at any one time;
(q) the
public areas of the premises are not used in a manner which deprives resident
guests of the normal facilities and amenities of the premises or unreasonably
reduces the standards of comfort and service which may normally be expected;
(r) the
premises are satisfactorily furnished, equipped, appointed and maintained, and
provide a standard of comfort, quality and service appropriate to the Register;
(s) lighting
and ventilation are satisfactory throughout the premises, with heating
appropriate to seasonal requirements being provided;
(t) decor
is of a satisfactory standard throughout the premises;
(u) windows
are fitted where necessary either with suitable lined curtains or with blinds,
and, in addition, with net curtains where a bedroom is overlooked;
(v) the
floor covering in all parts of the premises is suitable for its purpose;
(w) corridors
in the premises are adequately lit to ensure safety;
(x) a
telephone is installed in the premises and satisfactory arrangements exist for
resident guests to make and receive calls at all times;
(y) precautions
are taken against fire and for the safety of persons in the case of fire, and
notices are posted in every bedroom as to the means of escape, in accordance
with the directions and recommendations of the States Fire Service;
(z) the
premises conform to a satisfactory standard of cleanliness, orderliness, safety
and general condition, with satisfactory arrangements for water supply and
sewage disposal;
(aa) a first aid kit
is readily available on the premises;
(ab) a responsible
person is in attendance when resident guests arrive and depart and is in
residence at night, with details of how that person may be contacted at night
being clearly posted in the entrance hall of the premises and in every bedroom;
(ac) the staff
employed in the premises is sufficient to maintain a satisfactory service in
all departments and the members of the staff are suitably trained and skilled
in their respective duties;
(ad) the business is
under the management of a fit, proper and competent person.[13]
(2) The requirement set out
in paragraph (1)(a)(ii) –
(a) shall
not apply to a previously registered guest house if, immediately before the
appointed day, sleeping accommodation was provided in a separate building or
buildings and the amount of accommodation so provided has not increased on or
after the appointed day; or
(b) may
be waived by the Minister in respect of any premises in respect of which
registration is sought if –
(i) part of the
sleeping accommodation on the premises is provided in one or more separate
buildings,
(ii) sub-paragraph (a)
does not operate in respect of the premises, and
(iii) the
Minister is satisfied that the sleeping accommodation provided in the separate
buildings offers standards of accommodation and comfort comparable to those of
the sleeping accommodation provided elsewhere on the premises.[14]
(3) [15]
(4) The provisions of
paragraph (1)(g) –
(a) shall
not apply to a previously registered guest house; and
(b) may
be waived by the Minister in relation to any premises if, at the time of
application for registration, the premises are a site of special interest.[16]
(5) [17]
(6) The provisions of paragraph (1)(l)
relating to the location of water closets for the use of persons who are not
resident guests shall not apply to a previously registered guest house.
(7) [18]
(8) The provisions of
paragraph (1)(o) relating to the outlook from, and the natural light in, a
dining room and lounge shall not apply to a previously registered guest house.
PART 4
SELF-CATERING ACCOMMODATION REGISTER
7 Registration
of self-catering accommodation
No premises shall be registered in the Self-Catering Accommodation
Register unless the Minister is satisfied that the premises meet the
requirements set out in Article 8.
8 Requirements
for registration as self-catering accommodation
(1) The requirements
referred to in Article 7 are that –
(a) the
premises in which the accommodation is provided are –
(i) of solid and
substantial construction and in good repair,
(ii) adequately
sound-proofed, and
(iii) suitably
designed or properly adapted for the lodging of persons in self contained
accommodation which is so numbered as to make it readily identifiable;
(b) the
accommodation is provided with –
(i) facilities for
the storage of dry and refrigerated food,
(ii) facilities
for the preparation and cooking of meals, and
(iii) household
utensils, cutlery, crockery, glassware, linen and other relevant equipment,
sufficient to meet the needs of the maximum number of resident guests for which
the accommodation is to be registered;
(c) the
accommodation is equipped with a modern and sanitary indoor water closet, a
bathroom or shower room and a wash basin serviced with a constant and
controllable supply of hot and cold running water;
(d) the
configuration, design and general standard of the accommodation is satisfactory
having regard to the maximum number of resident guests for which the accommodation
is to be registered;
(e)
(f)
(g)
(h)
(i)
(j)
(k) subject
to paragraph (2), the height of rooms, and the dimensions of windows
therein, meet the requirements prescribed for buildings to which the Building Bye-laws (Jersey) 2007 apply;
(l) the
accommodation is satisfactorily furnished, equipped, appointed and maintained
and provides a standard of comfort and quality appropriate to the Register;
(m) lighting
and ventilation are satisfactory throughout the accommodation, with heating
appropriate to seasonal requirements being provided;
(n) adequate
arrangements exist for resident guests to make and receive telephone calls;
(o) precautions
are taken against fire and the safety of persons in the case of fire in
accordance with the directions and recommendations of the States Fire Service;
(p) the
accommodation conforms to a satisfactory standard of cleanliness, orderliness,
safety and general condition with satisfactory arrangements for water supply,
sewage disposal and refuse clearance;
(q) the
nature of the accommodation, the services provided and the current scale of
charges are fully and accurately described in a brochure which is available on
request;
(r) the
staff are sufficient in number, training and skills to provide a level of
service which is adequate to meet the requirements of resident guests;
(s) the
business is under the management of a competent person and that person, or a responsible
deputy, can be contacted at all times by resident guests.[19]
(2) The provisions of
paragraph (1)(k) may be waived by the Minister in relation to any premises
if, at the time of application for registration, the premises are a site of special interest.[20]
9 Uses
of self-catering accommodation
(1) Without prejudice to
the other provisions of this Order, the following conditions shall apply to the
use of self-catering accommodation in any registered premises –
(a) subject
to paragraph (2), the persons occupying the accommodation shall have
exclusive use of the whole of that accommodation;
(b) the
accommodation shall not be occupied by a greater number of persons than that
for which it is registered.
(2) The Minister may, if
satisfied that special circumstances exist, relax the requirements of paragraph (1)(a),
either generally or in relation to any particular case, and subject to such
conditions, if any, as the Minister sees fit to impose.
(3) A registered proprietor
who causes or permits self-catering accommodation to be used in contravention
of the provisions of paragraph (1), or who fails to comply with any
condition imposed by the Minister pursuant to paragraph (2) shall be
guilty of an offence and liable to a fine of level 2 on the standard scale.[21]
10 Self-catering
accommodation forming part of other premises
(1) This Article applies to
accommodation included in an application for registration in the Hotel
Register, Guest House Register or Holiday Camp Register which is to be offered
for occupation on a self-catering basis.
(2) Accommodation to which
this Article applies shall not be registered as part of an hotel, guest house
or holiday camp, as the case may be, unless the conditions specified in
paragraph (3) are satisfied.
(3) The conditions referred
to in paragraph (2) are that –
(a) subject
to paragraph (4), the accommodation forms part of, or is situated in the
grounds attached to, the premises in respect of which application for
registration is made;
(b) the
general standard of construction of the building or buildings containing the
accommodation is not lower than that of the premises as a whole;
(c) the
accommodation meets the requirements set out in Article 8(1) for the
registration of accommodation in the Self-Catering Accommodation Register.
(4) The Minister may, if
satisfied that special circumstances exist, relax the requirements of paragraph (3)(a)
in relation to self-catering accommodation which is included in an application
for registration by a previously registered hotel.
(5) Accommodation to which
this Article applies is subject to the provisions of Article 9.
11 Self-catering
accommodation in use on appointed day
Any premises being operated as self-catering accommodation which, on
the appointed day, become subject to the provisions of this Order may continue
such operation –
(a) for a period of 3
months from the appointed day; and
(b) if before the
expiration of that period application for registration under this Order is made
in respect of the premises, until the Minister grants or refuses the
application, or in the case of an appeal under Article 22 of the Law,
until the determination of that appeal.
PART 5
YOUTH HOSTEL REGISTER
12 Registration
of youth hostels
No premises shall be registered in the Youth Hostel Register unless
the Minister is satisfied that the premises meet the requirements set out in
Article 13.
13 Requirements
for registration as youth hostel
The requirements referred to in Article 12 are
that –
(a) the premises are
constructed or adapted for the overnight shelter of young persons;
(b) the sleeping
accommodation is provided by separate bedrooms or dormitories, adequately
ventilated, of reasonable size and with sufficient external window lighting;
(c) the premises contain
facilities for ablutions and water closets reasonably adequate to the number of
resident guests that can be accommodated on the premises;
(d) where males and females
are to be lodged on the premises, separate sleeping accommodation, facilities
for ablutions and water closets are provided for persons of each sex;
(e) the premises contain at
least one common room, suitably furnished and large enough to serve as a dining
and recreation room for all resident guests that can be accommodated on the
premises;
(f) the premises
generally conform to reasonable standards of cleanliness, orderliness,
ventilation, safety and general condition;
(g) precautions are taken
against fire and for the safety of persons in the case of fire in accordance
with the directions and recommendations of the States Fire Service;
(h)
(i) the business is
under the management of a responsible person who resides on the premises when
they are open for the lodging of persons.[22]
PART 6
HOLIDAY CAMP REGISTER
14 Registration
of holiday camps
(1) No premises shall be
registered in the Holiday Camp Register unless the Minister is satisfied that
the premises meet the requirements set out in Article 15.
(2) If the premises in
respect of which application for registration is made include accommodation
which is to be offered for occupation on a self-catering basis, the provisions
of Article 10 shall also apply.
15 Requirements
for registration as holiday camp
The requirements referred to in Article 14 are
that –
(a) the premises are in
good repair;
(b) the premises are
constructed or adapted for the lodging of persons and for the provision and
service, at reasonable hours, of meals and refreshments;
(c) the sleeping
accommodation is provided by separate bedrooms or chalets placed in reasonable
proximity to each other to form a compact unit or set of units, so numbered as
to make them readily identifiable, adequately ventilated, and of reasonable
size;
(d) the height of rooms,
and the dimensions of windows therein, meet the requirements prescribed for
buildings to which the Building Bye-laws (Jersey) 2007 apply;
(e) the premises contain
water closets reasonably adequate to the number of persons that can be lodged
thereon;
(f) the premises
contain at least one bathroom or shower room for every 20 resident guests
that can be accommodated thereon, and one wash basin for every 5 such persons;
(g) the premises contain
adequate and varied facilities for outdoor and indoor recreation;
(h) the premises include at
least one permanent structure suitable to be used for meals and indoor
recreation, such structure being adequate for the efficient service of meals at
one sitting to at least one half of the number of resident guests that can be
accommodated on the premises;
(i) the premises contain
kitchen and larder space and culinary facilities adequate to the number of
resident guests that can be accommodated thereon;
(j) the premises are
adequately furnished, equipped, appointed and ventilated;
(k) the accommodation
conforms to a satisfactory standard of cleanliness, safety, orderliness and
general condition with satisfactory arrangements for water supply and sewage
disposal;
(l) the staff
employed on the premises is sufficient to maintain a satisfactory service in
all departments and the members of the staff are reasonably trained and skilled
in their respective duties;
(m) a first aid kit is readily
available on the premises;
(n) precautions are taken
against fire and for the safety of persons in the case of fire, in accordance
with the directions and recommendations of the States Fire Service;
(o) the business is under
the management of a person or persons reasonably competent in the management of
holiday camps.[23]
PART 7
CAMP SITE REGISTER
16 Registration
of camp sites
No premises shall be registered in the Camp Site Register unless the
Minister is satisfied that the premises meet the requirements set out in
Article 17.
17 Requirements
for registration as camp site
The requirements referred to in Article 16 are
that –
(a) sleeping is only permitted
in tents or similar structures;
(b) the premises generally
conform to reasonable standards of cleanliness, orderliness, safety and general
condition with satisfactory arrangements for water supply, sewage and refuse
disposal, vehicular access and the parking of vehicles;
(c) all buildings on the
premises are of reasonable size, of suitable construction for their intended
purpose, adequately ventilated, with sufficient external window lighting and in
good repair;
(d) adequate space is
provided and maintained between tents and kept free of obstruction;
(e) precautions are taken
against fire and for the safety of persons in the case of fire, in accordance
with the directions and recommendations of the States Fire Service;
(f) a first aid kit
is readily available on the premises;
(g) vehicular access is
provided to all parts of the premises designated for the erection of tents;
(h) the premises contain
facilities for ablutions including bathrooms or shower rooms, wash basins,
water closets, laundering and facilities for the washing of cooking and eating
utensils, reasonably adequate for the number of persons accommodated on the
premises and that such facilities are maintained in clean and efficient working
order;
(i) an adequate
number of staff is employed to ensure the efficient operation of the business;
(j) the business is
under the management of a reasonably competent person.
PART 8
MISCELLANEOUS AND FINAL PROVISIONS
18 Additional
charges
(1) Subject to paragraph (2),
any additional charges which a resident guest will be required to pay in
consequence of the guest’s occupation of accommodation on registered
premises shall be fully and accurately described when an offer of accommodation
is made.
(2) The provisions of
paragraph (1) shall not apply to charges for the use of special facilities
or services which are available on registered premises and which are offered to
resident guests on an optional basis.
19 Exemption
from registration
Nothing in Article 5 of the Law shall require the registration
of –
(a) any educational
establishment;
(b) any premises in which
lodging for reward at any one time is provided for 5 persons or less.
20 Applications
(1) Every application for
the registration or renewal of registration of any premises under Article 9
of the Law shall be accompanied by a fee of £2.
(2) Every such application
shall be signed by the proprietor of the premises or, if made on behalf of a
limited liability company or partnership, by the secretary, manager or other
duly authorized officer of the company or a partner of the partnership as the
case may be.
21 Registration
fee[24]
(1) Subject to paragraph (2),
the fee payable on the registration or the renewal of the registration of any
premises shall be calculated in accordance with the scale set out in Schedule 1.
(2) The fee payable on the
registration or the renewal of the registration of any premises which only
provide short-term accommodation shall be calculated in accordance with the
scale set out in Schedule 1, divided by 365 days and multiplied by
the total number of nights of short-term accommodation to be provided.
(3) The expression “short-term
accommodation” means accommodation provided for a period of occupation of
between one, but not more than 7 consecutive nights in the year to which
the registration certificate relates.
22 Fee
for replacement of registration certificate
The fee on the issue of a registration certificate in place of a
certificate which has been accidentally lost, destroyed or defaced shall be
£5.
23 Devolution
of registered premises
Every application by the persons charged with the administration of
the estate of the deceased registered proprietor of any registered premises for
the registration of himself or herself as the registered proprietor
thereof –
(a) shall be in the form
set out in Schedule 2;
(b) shall contain the
relevant particulars required thereby; and
(c) shall be signed by that
person.
24 Transfer
of registered premises
Every application by a person to whom the business conducted on any
registered premises has been transferred for the registration of himself or
herself as the registered proprietor thereof –
(a) shall be in the form
set out in Schedule 3;
(b) shall contain the
relevant particulars required thereby;
(c) shall be signed by that
person or, if made on behalf of a limited liability company or partnership, by
the secretary, manager or other authorized officer of the company or a partner
of the partnership, as the case may be; and
(d) shall be accompanied by
a fee of £15.
25 [25]
26 Structural
alterations and change of use
(1) Subject to paragraph (2),
no structural alterations to, or any change in the use of, any registered
premises which would affect the general character of the premises or the
accommodation or services provided therein shall be made without the prior
approval of the Minister and any such approval may be given unconditionally or
subject to such conditions as the Minister may consider appropriate.
(2) The Minister shall not
approve an application under paragraph (1) to make structural alterations
to registered premises, or any part thereof, in respect of which a dispensation
from, or relaxation of, any of the provisions of this Order applies unless the
Minister is satisfied that, on completion of the structural alterations, it
will no longer be necessary for such dispensation or relaxation to apply.
(3) Nothing in this Article
shall relieve a registered proprietor from any obligation to obtain any
authorization, consent or permission under any other enactment affecting the
structure or use of the registered premises.
27 Existing
standards
Nothing in this Order shall operate so as to reduce the standards
applicable to any premises registered under the existing Order immediately
before the appointed day.
28 Citation
This Order may be cited as the Tourism (General Provisions) (Jersey)
Order 1990.