Licenced Permissions granted during 2015 and 2016 (FOI)

​Request

A

The numbers of Licenced Permissions issued

B

Reasons why licences (j cats) were awarded to individuals in 2015 and 2016.

C

If possible the breakdown of the numbers awarded to individual companies.

Response

A

This information is absolutely exempt under Article 23 the Freedom of Information (Jersey) Law 2011 as the information is accessible by other means. See links below.

The 2015 data is available at:

Population Office figures for October to December and end of year 2015

The 2016 data is to be published at the same site by 31 January 2017

Note: Licensed permissions are granted to the business as a condition of its business licence and not direct to individual persons

B

Licensed permissions are granted in accordance with the Control of Housing and Work (Jersey) Law 2012 and Policy based on the information submitted on application.

The business licensing guidance notes that set out how the Law is applied are available at the following link:

Starting up a new business

C

This information is qualified exempt under Articles 33 and 34 of the Freedom of Information Law (Jersey) 2011.

Exemptions and Justifications applied to this request:

Article 23 Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information

Article 33 Commercial interests

Information is qualified exempt information if –

(a) it constitutes a trade secret; or

(b) its disclosure would, or would be likely to, prejudice the commercial interests of a person (including the scheduled public authority holding the information).

Article 34 The economy

Information is qualified exempt information if its disclosure would, or would be likely to, prejudice –
(a) the economic interests of Jersey; or

(b) the financial interests of the States of Jersey.

Justifications 

Article 33 – Commercial Interests

• disclosing staffing permissions granted to individual companies (undertakings) may provide a competitive advantage or disadvantage to a business, for example a business expanding or contracting may find it easier or more difficult to recruit staff compared to competitors or generally benefit or undermine its trading position

• existing businesses may not wish to recruit licensed staff should such information be publicly available, as it may feel its reputation is damage. This would impact on that businesses growth prospects / profitability etc. And have a potentially negative effect on the economy as a whole, Banks, Trust businesses etc.

• inward investment businesses may be discouraged from locating to Jersey if its Licensed staffing permissions may be publicly available as it may feel its reputation could be damaged if publicly criticized

Article 34 – The Economy

• the cumulative effect of the individual commercial interests may have a negative effect on the Jersey Economy and financial interests of the States of Jersey should businesses be discouraged from locating, investing and expanding in Jersey should Licence staffing permissions be disclosed

• in particular, the States Strategic Plan very clearly emphasizes the importance of economic growth as our society ages and costs such as health care costs rise, with a key element of that plan focused on businesses and job creation in a wide range of sectors and including inward investment