Jersey Seaside Festival (Jersey) Order 201-: Law drafting instructions

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 18 April 2016:

Decision Reference: MD-T-2016-0033
Decision Summary Title :	Jersey Seaside Festival 2016 - Entertainment on Public Roads Application: Part 1		Date of Decision Summary:	14 April 2016
Decision Summary Author:	Technical Assistant Traffic and Infrastructure		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Parish of St Helier Application to hold the Jersey Seaside Festival 2016		Date of Written Report:	14 April 2016
Written Report Author:	Technical Assistant Traffic and Infrastructure		Written Report : Public or Exempt?	Public
Subject: Jersey Seaside Festival 2016
Decision(s): The Minister approved the preparation of an Order under Article 2 of the Entertainments on Public Roads (Jersey) Law 1985 to enable the Jersey Seaside Festival 2016.
Reason(s) for Decision: The Minister accepted that the proposed road closures and associated traffic management appeared both reasonable and justified (subject to the completion of statutory draft Order consultation with other relevant authorities).
Resource Implications: DFI Officer and Law Draftsman’s time.
Action Required: Technical Assistant to forward a copy of the Ministerial Decision along with an Instructing Memorandum and the Promoter’s Application to the Law Draftsman.
Signature:		Position Minister for Infrastructure
Date Signed:		Date of Decision (If different from Date Signed):

Jersey Seaside Festival (Jersey) Order 201-: Law drafting instructions

DEPARTMENT FOR INFRASTRUCTURE

APPLICATION FOR ENTERTAINMENT ON PUBLIC ROADS DURING JERSEY

SEASIDE FESTIVAL 2016

Purpose of the Report

To obtain a Ministerial Decision regarding approval of road closures and changes to the bus service for the purpose of holding the Jersey Seaside Festival 2016 to be held on Sunday 14 August 2016.

Background

Jersey Seaside Festival is a visitor and local interest event in its eleventh year. As previous years, the aim of the event is designed to enhance the visitor experience by providing a focus on traditional seaside activities and values within the Victorian seaside theatre of Havre des Pas. The event will take place on Sunday 14 August 2016, between 10.00am and 8.00pm.

The event has traditionally been administered under the powers granted by the Constable of St Helier under Article 67 of the Road Traffic (Jersey) Law 1956 (Article 67 (4) & (5) - Temporary traffic restriction). Given the event’s size and popularity, it was felt that it should now be administered by an official event Order under the ‘Entertainment on Public Roads (Jersey) Law 1985’.

As such, the promoter, The Parish of St Helier, has submitted details of the proposed road closures and traffic restrictions for the Jersey Seaside Festival.

The Promoter has also consulted and is co-ordinating with the Emergency Services, DfI Parking Control, Liberty Bus and the Taxi Drivers Association. The Promoter has also confirmed that there will not be an entry fee and will not make any profit for itself.

Discussion

The event will take place from east of the Green Street Junction to The Dicq Roundabout, the lower part of Roseville Street and The Bathing Pool including all of the terraces and the cafe. There will be a network of road closures in the area from 8.00am until 8.00pm in order to facilitate the event and maintain resident access (see Map 1). Signage and barriers will be arranged by the Parish of St Helier, in accordance with final diversion plan in line with last year’s (2015) event.

Main Road Diversions

The diversions to be operated in the Havre des Pas area during the event are shown on Map 1.

Traffic travelling past Havre des Pas Roundabout from either St Clement’s Road or Greve D’Azette Coast Road will not be able to turn into Havre des Pas.
Traffic travelling down South Hill into Havre des Pas will have to turn left at the Green Street Junction.
Traffic travelling down Green Street toward Havre des Pas will have to turn right toward South Hill.
Any other diversions considered as appropriate.

Buses

The closure will affect the running of Number 1 Route from Town to Gorey Pier. However, the diversion for the bus service is minor and the route should still serve the area well from La Route du Fort.

Car Parks

The event will utilise the spare capacity in DfI car parks in the area to serve members of the public attending the event. La Route du Fort Car Park will be utilised by local residents denied on street parking in Roseville Street due to the road closure (20 vehicles approximately). It was noted that there were no parking problems in 2015.

Notifications

A leaflet outlining the road closures and parking changes will be delivered to all premises in the Havre des Pas area.

Street Cleaning

During the event 20 extra euro bins are being provided. DfI have also been requested to provide extra roadside refuse bins. All bins will be emptied by Parish of St Helier personnel, arena staff and appointed refuse collectors.

After the event the roads will be cleared of refuse before the highway is reopened. A refuse collection vehicle (Parish of St Helier) will be deployed so that euro bins may be emptied periodically. Marshals will perform a refuse sweep at the end of the day from Green Street to The Dicq including Cleveland Road and Roseville Street. The additional euro bins and refuse containers will be recovered the following day, Monday 15 August, along with road sweeping of all roads closed for the festival.

Recommendation

The Minister is recommended to approve the Jersey Seaside Festival 2016 and the preparation of an Order under Article 2 of the Entertainments on Public Roads (Jersey) Law 1985.

Reason(s) for Decision

The proposed road closures and associated traffic management being reasonable and justified.

Resource Implications

DfI Officer and Law Draftsman’s time.

Action Required

Technical Assistant to forward a copy of the Ministerial Decision along with an Instructing Memorandum and the Promoter’s Application to the Law Draftsman.

Written by:	Technical Assistant

Approved by:	Director of Engineering and Infrastructure

Attachments:	Map 1