UNLAWFUL PUBLIC ENTERTAINMENTS (JERSEY) REGULATIONS 2007
Report
The Unlawful Public Entertainments (Jersey) Regulations 2007 are Triennial Regulations, which were originally introduced in the 1990s in order to bolster the Bailiff’s control of public entertainment which is a customary power derived from a late 18th Century Act of the States. The new Regulations replace the current Unlawful Public Entertainments (Jersey) Regulations 2007, which are due to expire on 21st July 2010.
The new Regulations differ in the following respects:
The Regulation ‘Aiders and abettors, etc’ is no longer required and has been removed from within the new Regulations; this results from the enactment of the Criminal Offences (Jersey) Law 2009.
No definition of a ‘public entertainment’ has ever been included because of
a) difficulties in drawing precise boundaries in determining a strictly legal interpretation, and b) the effective administration of the Regulations since their first introduction in 1992.
In practice, a person intending to stage an event generally finds it difficult to do so without publicising that event. If permission has not been sought, he/she is likely to be challenged by either the Parish or the Bailiff’s Chambers. If that person then proceeds without permission, it would be difficult in those circumstances for it to be claimed that he/she was unaware of the requirement to obtain permission. From a practical point of view, therefore, it is unnecessary to become involved in what would be a cumbersome task in trying to develop precise definitions to cover every possible type of event.
It should be noted that it is an offence at customary law to organise public entertainment without the permission of the Bailiff.
All major public entertainment events are routinely passed before a committee of interested parties (the Public Entertainment Panel), chaired by the Bailiff’s Chief Officer and comprising representatives of States of Jersey Police, Ambulance service, Fire and Rescue service, Health Protection and Health and Safety. Event plans and full Risk Assessments are submitted in advance, and the panel provides support, advice and offers recommendations regarding the safe and appropriate operation of the event, before a permit may be issued.
Issues raised by the States in 2007
When the Regulations were placed before the States in July 2007, States members queried whether:
i) It remained appropriate for the Bailiff to be responsible for control of entertainment
ii) The Regulations were Human Rights compliant.
On the question of the role of the Bailiff in relation to the control of entertainment, a review was initiated by the Legislation Committee Working Party, chaired by Deputy Le Hérissier (RC 26/2002). The first conclusion of the Working Party was, “It is no longer appropriate for the Bailiff to exercise the executive function of controlling public entertainment”. However, it subsequently emerged that an alternative means of licensing entertainment would be relatively costly and entail substantial law drafting. Therefore, the conclusion was not taken forward. During the July 2007 debate, Deputy Le Hérissier stated, “It was just not seen as possible to set up this vast bureaucracy with this vast law which was trying to define what public entertainment was and was trying to define the grounds upon which discretion could be exercised in that field.”
On the second matter of Human Rights compliance, there is no requirement for a Human Rights statement to be attached to the draft Regulations, as they are not a ‘projet de loi’. However, the former Solicitor General was able to inform members that she saw nothing in the Regulations that was not human rights compliant.
There are no financial or manpower implications resulting from this amendment.
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