Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (28.09.07) to approve the lodging of draft Regulations to extend the latest permitted hours under the Places of Refreshment Law, 1967.

Decision Reference: MD-E-2007-0186
Decision Summary Title :	Places of Refreshment (Jersey) Law, 1967 Extension of latest permitted hours.		Date of Decision Summary:
Decision Summary Author:	Peta Philo Hospitality & Leisure Manager		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Places of Refreshment (Jersey) Law, 1967 Extension of latest permitted hours.		Date of Written Report:
Written Report Author:	Peta Philo Hospitality & Leisure Manager		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Places of Refreshment (Jersey) Law, 1967. Extension of latest permitted hours.
Decision: The Minister approves the lodging of draft Regulations to extend the latest permitted hours from 0100 to 0230 under the Places of Refreshment (Jersey) Law, 1967
Reason(s) for Decision: Some premises with liquor licenses are able to trade until 0200 hours, under the Places of Refreshment Law premises are presently obliged to close at 0100 thus they are unable to provide snacks to members of the public who have been on licensed premises. This proposed extension has been requested by Senator Shenton who has provided documentation confirming that it could well stagger the amount of people wishing to leave the town in the early hours of the morning.
Resource Implications: No financial implications, amendment to registration certificates requires no additional manpower.
Action required: Draft Regulations to be lodged au Greffe, copy of the report to be sent to the Publications Editor to be debated as soon as convenient.
Signature: Senator P.F.C.Ozouf		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Places of Refreshment Law - extension of latest permitted hours

PLACES OF REFRESHMENT ( JERSEY ) LAW, 1967

PROPOSITION

THE STATES are asked to decide whether they are of opinion -

TO EXTEND THE LATEST PERMITTED HOURS

REPORT

___________________________________________________________________

The purpose of the amendment to the Places of Refreshment Law is to extend the latest permitted hours from 1 am to 2.30 am.

Background

For some considerable time certain premises licensed under the above Law have been asking for an extension to the permitted hours to allow them to trade in line with the Liquor Licensing extension granted to a number of venues. The Comité des Connétables was consulted in 2005. It was mindful of the noise and disruption that could possibly arise from this but was prepared to recommend that the hours were extended from 0100 to 0230 if the respective Constable of the Parish considered it appropriate; it remains of the same mind.

Senator Ben Shenton wrote to the Minister in November 2006 asking that the extension of the permitted hours be reviewed again; a letter from the Head of Operations, States of Jersey Police dated 22nd August 2006 was attached confirming that an extension to the hours could well assist in staggering the number of persons wanting to leave town in the early hours and as such they would have no objections.

The present Law allows the Minister and the Connétables a degree of flexibility in that it states under Article 13:

13. Permitted hours

(3) Subject to Articles 10 and 11, the Minister may –

(a) attach a condition to the registration, or the renewal of registration, of any premises at which, or on part of which, meals or refreshments are sold for consumption off the premises, requiring those premises, or that part to be closed earlier than at the latest of the permitted hours;

(b) if satisfied, after consultation with the Conn étable of the parish concerned, that it is desirable to do so in order to avoid unreasonable disturbance to persons residing in the neighbourhood of any registered premises, at any time, attach a condition to the registration of those premises requiring them to be closed earlier than the latest of the permitted hours.

(10) Nothing in this Article shall be taken as requiring registered premises to be open for the serving of customers throughout the permitted hours.

It is recommended that the permitted hours be extended from 0100 to 0230 but that all premises will retain their present opening and closing hours until such time any extension is considered by the respective Connétable and other relevant States Departments. In this way each application can be considered on its merits and no ‘blanket increase’ in opening times will occur.

Peta Philo

Hospitality and Leisure Manager

24 September 2007