Tourism (General Provisions) (Jersey) Order 1990: Relax Requirements of Registration and Changes to the Registration Fee Payable: Law drafting instructions

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A decision made 31 January 2014:

Decision Reference: MD-E-2014-0009
Decision Summary Title :	Approval of Law Drafting instructions for amendment of the Tourism (General Provisions) (Jersey) Order 1990		Date of Decision Summary:	28 January 2014
Decision Summary Author:	Hospitality and Leisure Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	LDI – Amendment to Tourism (General Provisions) (Jersey) Order 1990 - Relax Requirements of Registration and Changes to Registration Fee Payable		Date of Written Report:	28 January 2014
Written Report Author:	Hospitality and Leisure Manager		Written Report : Public or Exempt?	Public
Subject: Tourism (General Provisions) (Jersey) Order 1990: Relax Requirements of Registration and Changes to the Registration Fee Payable: Law Drafting Instructions.
Decision(s): The Minister agreed amendments to be made to the Tourism (General Provisions) (Jersey) Order 1990 for the relaxation of requirements under Article 6, requirements for registration as guest house, and changes to Article 21, Registration Fee and decided to ask the Law Draftsman to prepare the necessary Order.
Reason(s) for Decision: The department received a request from an existing establishment wishing to diversify from the traditional business model of a guest house. The outcome of this request has highlighted a greater use of the premises for guest rooms/suites against traditional facilities demanded by the current Order. It is envisaged that the amendments to the Order will allow more flexibility for the use of premises and give proprietors the opportunity to offer an alternative accommodation product. Following the request for registration for a temporary camp site it was found that there is no flexibility within the Order to reduce the registration fee payable for such a registration. This change will give flexibility to reduce such a fee in line with the temporary nature and length of the operation. The department consulted with Jersey Tourism and the Jersey Hospitality Association with both organisations approving of the changes.
Resource Implications: There are no resource implications to the States.
Action required: Hospitality and Leisure Manager to pass the law drafting instructions to the Law Draftsman to request that the Order be amended.
Signature: Senator A.J.H Maclean		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):

Tourism (General Provisions) (Jersey) Order 1990: Relax Requirements of Registration and Changes to the Registration Fee Payable: Law drafting instructions

Written Report – Law Drafting Amendment to Tourism (General Provisions) (Jersey) Order 1990 - Relax Requirements of Registration and Changes to the Registration Fee Payable

To relax the requirement for a guest house to provide a guest lounge, dining room, Kitchen and the provision and service of meals or refreshments

Background

This proposed change has been prompted by a proposed redevelopment of an existing guest house located in St.Aubin. This redevelopment will entail the removal of the existing 12 guest bedrooms and creating 6 suites on the first and second floors. In addition to this it is intended to dispense with the existing bar and lounge/dining rooms and establishment kitchen on the ground floor and replace with 2 new guest suites. The provision and service of meals and refreshments will not be offered. It is intended to market the premises at high value high spend visitors.

Other than the requirement to provide breakfast and other such meals and refreshments, to contain at least one room to serve as a dining room and or lounge and the requirement of containing a kitchen and larder space, the guest house will be fully compliant with requirements set out in the Tourism (General Provisions) (Jersey) Order 1990, the Order.

The proposed changes to the Order area set out below

To relax the requirement of the need to provide breakfast, refreshments and other such meals.

Currently the Order States – Part 3, Guest House Register, Article 6, Paragraph 1(b) -

(b) the premises are suitably constructed or adapted for the lodging of persons in private rooms or apartments and for the provision and service of –

(i) breakfast,

(ii) such other meals as may be offered, and

(iii) refreshments,

at times when such meals or refreshments are customarily available in a guest house;

It is proposed that a new paragraph be inserted, for example

(9) The provision of paragraph 1(b)(i)(ii)(iii) relating to the provision and service of breakfast, such other meals as may be offered, and refreshments, at time when such meals or refreshments are customarily available in a guest house may be relaxed by the Minister, providing that the establishment is within easy walking distance of a range of places to eat, and that board is advertised as ‘Room Only’ and is specified as ‘Room Only’ within the terms and conditions of the reservation.

To relax the requirement of the need of a Lounge and Dining Room on the premises

Currently the Order states - Part 3, Guest House Register, Article 6 (1)(o) :-

(o) Subject to paragraph (8), the premises contain at least one room (other than a bar lounge) in a convenient location with an acceptable outlook and natural light, and of adequate size to serve as a dining room and lounge for all of the resident guests that can be accommodated on the premises;

It is not intended to change this paragraph other than making a change to paragraph (8)

Paragraph (8) currently states

(8) The provisions of paragraph (1)(o) relating to the outlook from, and the natural light in, a dining room and lounge shall not apply to a previously registered guest house.

Proposed Change to paragraph (8)

(8) The provision of paragraph (1)(o) –

(a) relating to the outlook from, and the natural light in, a dining room and lounge shall not apply to a previously registered guest house.

(b) the Minister may, if satisfied that special circumstances exist and that the premises offers exceptional standards of accommodation and comfort, relax the requirements of paragraph (1)(o)

To relax the requirement of the need of a Kitchen on the premises

Currently the Order states - Part 3, Guest House Register, Article 6 (1)(p) :-

(p) The premises contain kitchen and larder space of suitable size and design together with culinary facilities, sinks and refrigeration space adequate to meet the requirements of the maximum number of persons for which the premises can cater at any one time;

It is proposed that paragraph (1)(p) be changed too -

(p) subject to paragraph (10) The premises contain kitchen and larder space of suitable size and design together with culinary facilities, sinks and refrigeration space adequate to meet the requirements of the maximum number of persons for which the premises can cater at any one time;

It is proposed that a new paragraph be inserted, for example

(10) The Minister may, if satisfied that special circumstances exist and that the premises offers exceptional standards of accommodation and comfort, relax the requirements of paragraph (1)(p)

To reduce the fee payable on registration or renewal of the registration

Background

This proposed change has been prompted by the grant of permission to Jersey Live to operate a temporary camp site to complement its continuing Jersey Live events. This temporary camping site will require registration under the Tourism (Jersey) Law 1948, the Law, and must comply with the requirements of the Tourism (General Provisions) (Jersey) Order 1990, the Order. As a result of the need to register the necessary registration fee must be paid. This fee will be calculated in line with Schedule 1 of the Order.

On this occasion, and in accordance with the Schedule, the fee equated to the total number of persons that could be accommodated, 2000 persons, multiplied by the particular class of registration. Due to the temporary nature of the campsite and the length of the actual operation it was felt the fee due was unreasonably high and warranted a reduction. Unfortunately no mechanism is available within the Order to reduce the fee.

It is proposed that an addition entry be added to the Order which will allow the Minister to reduce the total fee payable. This entry will reflect the temporary nature of an operation for which lodging accommodation, with or without board, is provided for reward.

The proposed change to the Order is set out below

Currently the Order states - Part 8, Miscellaneous and Final Provisions, Article 21, Registration fee -

The fee payable on the registration or the renewal of the registration of any premises shall be calculated in accordance with the scale set out in Schedule 1.

It is proposed that an addition sentence be added to the Article as follows:–

The fee payable on the registration or the renewal of the registration of any premises shall be calculated in accordance with the scale set out in Schedule 1.

The Minister may, if satisfied that special circumstances exist, reduce the total registration fee payable, as calculated in accordance with the scale set out in Schedule 1, for temporary lodging accommodation which, with or without board, is provided for reward and is in operation for no more than five nights at a time.

The Order

The amendments to the Order, which, subject to the approval of the Law Draftsman, will be to insert additional paragraphs, or make changes to existing paragraphs, thus allowing more flexibility to establishments to diversify from traditional guest house offerings. Also, changes to the registration fee payable will allow a reasonable fee payable in respect of the length of operation.

This decision reflects the Minister’s intention to make an amendment to the Order and request drafting instructions in the terms above to the Law Draftsman for amendment to the Order.

Resource implications

There are no resource implications to the States.

Hospitality & Leisure Manager

28 January 2014