Tourism (Jersey) Law 1948: Banjo, Beresford Street, St. Helier: Reclassified as a Hotel

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A decision made 21 November 2013:

Decision Reference: MD-E-2013-0107
Decision Summary Title :	Reclassification of Banjo under the Tourism (Jersey) Law 1948		Date of Decision Summary:	19 November 2013
Decision Summary Author:	Hospitality and Leisure Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Reclassification of Banjo under the Tourism (Jersey) Law 1948		Date of Written Report:	19 November 2013
Written Report Author:	Hospitality and Leisure Manager		Written Report : Public or Exempt?	Public
Subject: Tourism (Jersey) Law 1948: reclassification of the establishment known as ‘Banjo’.
Decision(s): The Minister, acting in accordance with Article 4, Paragraph 3(b) of the Tourism (General Provisions) (Jersey) Order 1990, approved the waiver and therefore permits the establishment known as ‘Banjo’ to be reclassified as a ‘Hotel’ under the Tourism (Jersey) Law 1948. This reclassification is effective immediately.
Reason(s) for Decision: The reclassification of ‘Banjo’ as a hotel rather than a guest house reflects the commitment and investment undertaken to provide facilities that offer exceptional standards of accommodation and comfort and compliance in all other respects with the requirements for registration as a hotel.
Resource Implications: Small increase of annual income from the registration of this establishment as a hotel rather than a guest house.
Action required: On approval of the reclassification the Hospitality and Leisure Manager will notify the owners of Banjo of the change. Jersey Tourism Senior Management, States of Jersey Fire & Rescue and Health Protection will also be notified of the change.
Signature: Senator A.J.H.Maclean		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Tourism (Jersey) Law 1948: Banjo, Beresford Street, St. Helier: Reclassified as a Hotel

Ministerial Decision

Tourism (Jersey) Law 1948

Reclassification of Banjo under the Tourism (Jersey) Law 1948

Background

Following receipt of an email from the owners of Banjo, it has become clear that the ‘guest house’ classification, to which Banjo is registered under the Tourism Law, is contributing towards a deficiency of room reservations being made. Online search results identify Banjo as a ‘guest house’ rather than a ‘hotel’, this, as the owners believe, is subsequently resulting in the loss of possible bookings as online searches do not list Banjo as a Jersey hotel.

Consequently the owners of Banjo enquired whether it would be possible for the department to address this situation and reclassify Banjo as a hotel.

Proposal

Under the Tourism (General Provisions) (Jersey) Order 1990, Part 2 Hotel Register, Article 4(1)(d), the following is detailed -

Article 4 Paragraph 1(d)

(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;

Although this indicates that a hotel cannot have less than 16 rooms it does refer to paragraph 3, which states

(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.

If we look at Paragraph 3(b) (i) (ii) it becomes clear that the Minister is in a position to exercise the waver to reduce the rooms available in sleeping accommodation providing that the premises can offer exceptional standards of accommodation and comfort, and comply in all other respects with the requirements for registration.

Recommendation

On this occasion it is recommended that the Minister, acting in accordance with Article 4, Paragraph 3(b) of the Tourism (General Provisions) (Jersey) Order 1990, exercises the waver to permit the establishment known as ‘Banjo’ to be reclassified as a ‘Hotel’ under the Tourism (Jersey) Law 1948. The reclassification of ‘Banjo’ as a hotel rather than a guest house reflects the commitment and investment undertaken to provide facilities that offer exceptional standards of accommodation and comfort and compliance with all other aspects of the hotel register. This reclassification will also enable the owners of Banjo to market the establishment as a hotel to its target audience.

Decision

The Minister, acting in accordance with Article 4, Paragraph 3(b) of the Tourism (General Provisions) (Jersey) Order 1990, approved the waver to permit the establishment known as ‘Banjo’ to be reclassified as a ‘Hotel’ under the Tourism (Jersey) Law 1948. This reclassification is effective immediately.

On approval of the reclassification the Hospitality and Leisure Manager will notify the owners of Banjo of the change. Jersey Tourism Senior Management, States of Jersey Fire & Rescue and Health Protection will also be notified of the change.

Hospitality and Leisure Manager

19 November 2013