Al Fresco Application: 5 and 6 The Esplanade

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 18 May 2012:

Decision Reference: MD-T-2012-0043
Decision Summary Title :	Al Fresco Application 5 and 6 The Esplanade		Date of Decision Summary:	10 May 2012
Decision Summary Author:	Acting Senior Engineer		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 :	Al Fresco Application 5 and 6 The Esplanade		Date of Written Report:	10 May 2012
Written Report Author:	Acting Senior Engineer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: To approve the allocation of the unloading bay in front of 5 to 6 The Esplanade to al fresco between the hours of 1500 and 0200.
Decision(s): The Minister approved the proposal to pave over the existing unloading bay so that an al fresco area can be established in front of 5 to 6 The Esplanade to operate between the hours of 1500 and 0200. The area would revert to an unloading bay from 0200 to 1500 daily.
Reason(s) for Decision: To establish an al fresco area outside 5 to 6 The Esplanade and to better manage the safety of patrons of the premises at times later in the evening.
Resource Implications: The cost of the work is to be entirely borne by the owners of 5 to 6 The Esplanade. The physical works will be done by the TTS Highways Works Section. Subject to all other licensing requirements, TTS would need to allow the al fresco to operate for at least five years for the owner of 5 to 6 The Esplanade to justify the investment.
Action required: Acting Senior Engineer to make the necessary arrangements with the Civils Works Manager to carry out the work and invoice the owner of 5 and 6 The Esplanade.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):