Tourism (General Provisions) (Jersey) Order 1990: Proposed Amendment

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A decision made on 21 November 2012:

Decision Reference: MD-E-2012-0143
Decision Summary Title :	Approval of Law Drafting instructions for amendment of the Tourism (General Provisions) (Jersey) Order 1990		Date of Decision Summary:	19 November 2012
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 – Removal of Requirement for Registration as Youth Hostel under Tourism (General Provisions) (Jersey) Order 1990		Date of Written Report:	19 November 2012
Written Report Author:	Hospitality and Leisure Manager		Written Report : Public or Exempt?	Public
Subject: Tourism (General Provisions) (Jersey) Order 1990: Removal of a Requirement for Registration: Law Drafting Instructions.
Decision(s): The Minister agreed that an amendment be made to the Tourism (General Provisions) (Jersey) Order 1990 for the removal of Article 13(h) no part of the premises is licensed for the sale and consumption of intoxicating liquor from Part 5 of the Order.
Reason(s) for Decision: Following a request from one of the youth hostels currently registered in the Island to extend its services to resident guests and in the interest of updating the Order to meet the expectations of visitors to these hostels, It has been agreed to remove the requirement of registration that prevents the sale and consumption of alcohol on such premises. The department has consulted with the Parishes and Police Licensing Unit to determine if such a change would be acceptable. No objections has been made to the proposed change thus allowing the possibility of an application for a liquor licence under the Licensing (Jersey) Law 1974.
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 for the Order to 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: Proposed Amendment

Written Report – Law Drafting Amendment to Tourism (General Provisions) (Jersey) Order 1990 - Removal of Requirement to Register

Background

The department received a request from one of the ‘Youth Hostel’ establishments, registered under the Tourism (Jersey) Law 1949, to extend its current services to resident guests by offering the sale and consumption of alcohol on the premises. On considering this request it transpires that under the Tourism (General Provisions) (Jersey) Order 1990 ‘the Order’ one of the requirements for registration as a ‘Youth Hostel’ prevents the sale and consumption of intoxicating liquor on the premises.

With this in mind and in the interest of modernising the Order inline with visitor expectations and to reflect the services provided by the Youth Hostel Association in the UK it is proposed that this requirement is removed from the Order.

Proposed Amendment

The proposal is to remove the following from Part 5 of the Order: Article 13(h) no part of the premises is licensed for the sale and consumption of intoxicating liquor.

With this requirement removed from the Order it would give an establishment registered as a ‘Youth Hostel’, under the Tourism Law, the opportunity to make an application for a liquor licence under the Licensing (Jersey) Law 1974.

As such an application would be a certainty the department consulted with both the Comite des Connetables and the Police Licensing Unit to ascertain its comments. The department received no objections to the proposed change to the Order although if an application was to be made it would have to comply with all aspects of the Licensing Law. It was also recognised that the use of Youth Hostels has changed over the years and are being used by more adults and families.

The Order

The amendment to the Order, which, subject to the approval of the Law Draftsman, will be to remove Article 13(h), in its entirety, thus allowing for an application by a ‘Youth Hostel’ for a liquor licence.

This decision reflects the Minister’s intention to make a 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

19 November 2012