Amendment to the Tourism (General Provisions) Order 1990

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A decision made (06.08.07) to approve an amendment to the Tourism (General Provisions) Order 1990.

Subject:	Amendment to Tourism (General Provisions) Order, 1990
Decision Reference:	MD-E-2007-0151		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:
Written report – Title	Amendment to Tourism (General Provisions) Order, 1990
Written report – Author (name and job title)	Peta Philo – Hospitality & Leisure Manager
Decision(s): The Minister approved the amendments to the Tourism (General Provisions) Order, 1990 with regard to dispensations Under Article 4 (1)(a)(ii) “subject to paragraph (2), are part of a single building or a series of internally linked buildings” and Article 6 (1)(a)(ii) ) “subject to paragraph (2), are part of a single building or a series of internally linked buildings” Dispensations: Article 4 (13) The provisions of Article (4)(1)(a)(ii)may be waived by the Minister in respect of any premises 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 Article 6 (9) The provisions of Article 6 (1)(a)(ii) may be waived by the Minister in respect of any premises 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
Reason for decision: We have received a request from one of our leading hoteliers to construct luxury suites within the hotel grounds which would not have an internal link with the main building. Grading is no longer mandatory; the independent grading authority (The AA) has been consulted and has no objections as such it would be contrary to Economic Development Policy to restrict business practices as such it is recommended that the dispensations be included in the GPO to allow extensions to be constructed if applicable. There are no financial or manpower implications for the States arising from this MD.
Action required: Peta Philo, Hospitality & Leisure Manager, to submit relevant documentation to Law Drafting.
Signature: Senator P.F.C.Ozouf (Minister)		Date of Decision:

Amendment to the Tourism (General Provisions) Order 1990

Dispensation under Tourism (General Provisions) Order 1990

It is proposed to add dispensations under the above Order to allow (in certain circumstances) annexe accommodation to be constructed.

Reason for dispensation

Plans to construct indoor pool and associated facilities at the Longueville Manor were submitted and approved in 2001, these have since lapsed but it is now proposed to demolish the existing garages and barbeque area near the swimming pool and construct bedroom suites. These to be adjacent to the existing “Cottage” (registered with us as Self Catering).

Mr Malcolm Lewis does not want to install kitchens in these suites so in effect this extension would be regarded as annexe accommodation, the conditions in the GPO:

4. Requirements for registration as hotel

(1)(a) (ii) subject to paragraph (2), are part of a single building or a series of internally linked buildings.

6. Requirements for registration as guest house

(1)(a) (ii) subject to paragraph (2), are part of a single building or a series of internally linked buildings.

There is at present no Ministerial discretion for these articles which would mean that high quality accommodation of this nature cannot be constructed. From January 2007 grading was no longer mandatory, the Longueville Manor is graded by the AA as 4 Red Stars, Mr Peter Birnie (Chief Hotel Inspector) of the AA has confirmed that his organisation has no objection to annexe accommodation in either 4 or 5 Star Hotels provided that the bedrooms are within the same grounds as the main building.

To enable the proprietor of Longueville Manor (and any other establishment) to construct an extension it is recommended that dispensations under the General Provisions Order for Hotels and Guest Houses are added:

Article 4 (13) The provisions of Article (4)(1)(a)(ii) may be waived by the Minister in respect of any premises 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

Article 6 (9) The provisions of Article (6)(1)(a)(ii) may be waived by the Minister in respect of any premises 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

Peta Philo

Hospitality and Leisure Manager

30 July 2007