Maison des Landes Hotel: Withdrawal of Exemption from Duty to Register under the Tourism (Jersey) Law 1948

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A decision made on 18 November 2009 to approve the withdrawal of exemption from duty to register under the Tourism (Jersey) Law 1948 for Maison des Landes Hotel

Decision Reference: MD-E-2009-0197
Decision Summary Title :	Withdrawal Of Exemption From Duty To Register Under The Tourism (Jersey) Law 1948		Date of Decision Summary:	11 November 2009
Decision Summary Author:	Hospitality and Leisure Manager		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 :	Withdrawal Of Exemption Granted To Maison Des Landes To Precluded Registration Under The Tourism (Jersey) Law 1948		Date of Written Report:	11 November 2009
Written Report Author:	Hospitality and Leisure Manager		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Tourism (Jersey) Law 1948 - withdrawal Of Exemption From Duty To Register – Maison Des Landes Hotel, St Ouen.
Decision(s): The Minister, acting in accordance with Article 7(2) of the Tourism (Jersey) Law 1948 approved the withdrawal of the exemption previously granted to Maison Des Landes Hotel precluding it from the provisions of Article 5a , duty to register.
Reason(s) for Decision: The removal of this exemption will make is necessary for Maison Des Landes Hotel to be registered under the Tourism (Jersey) Law 1948. Once registered under the aforementioned law it is the intention of Maison Des Landes to apply for a 2nd Category Residential Licence under the Licensing (Jersey) Law 1974.
Resource Implications: Additional annual income from the registration of this establishment under the Tourism (Jersey) Law 1948. No human resource implications
Action required: The Hospitality and Leisure Manager to notify the proprietor of the Maison Des Landes Hotel that the withdrawal of the exemption will now make it necessary for them to be registered under the Tourism Law.
Signature: Senator A.J.H.Maclean		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Maison des Landes Hotel: Withdrawal of Exemption from Duty to Register under the Tourism (Jersey) Law 1948

Tourism (Jersey) Law 1948

Withdrawal Of Exemption Granted To Maison Des Landes To Precluded Registration Under The Tourism (Jersey) Law 1948

Issue and Recommendation

Following enquiry from Maison Des Landes requesting guidance on the procedure to obtain a liquor licence, it was identified that they would not be eligible to apply for a 2nd category residential licence as Maison des Landes is not a ‘registered premises’. The interpretation of ‘registered premises’ under the Licensing (Jersey) Law 1974 means premises registered in pursuance of the Tourism (Jersey) Law 1948.

To successfully apply for the aforementioned licence Maison Des Landes would be required to be registered under the Tourism (Jersey) Law 1948 as a hotel.

To attain registration under the Tourism Law an exemption previously placed upon Maison Des Landes would have to be removed. This exemption, outlined in article 7(1)a of the Tourism Law, grants any establishment carried on by an organisation not conducted for profit from the provisions of Article 5a, duty to register,

To remove this exemption the Minister has the power under Article 7(2) of the Tourism Law to vary such conditions or withdraw the exemption.

It is recommended that the Minister withdraws the previously granted exemption making it necessary for Maison Des Landes to register under the Tourism (Jersey) Law 1948.

It is the intention of Maison Des Landes to apply to be registered under the Tourism Law providing the exemption is lifted.

Background

Maison Des Landes officially opened for its first formal guests in 1965. Although not registered under the Tourism (Jersey) Law 1948, Maison Des Landes operates as a ‘hotel’ specifically for disabled people. The hotel currently has 26 rooms and is able to cater for 44 guests, mostly the disabled and their carers. Every room, both old and new, are designed with the disabled in mind – special beds, hoists to enabled the severely disabled to get into and out of bed, walk-in showers with all the necessary aids for bathing, a specially designed swimming pool with easy ramp or hoist access. The hotel also has a modern kitchen and dining facilities. At the close of the 2008 season the main building was renovated to a cost of approximately £150,000. The Trustees now believe it can provide first class facilities for both local residents and visitors to Jersey for many years to come. In addition to the full hotel service Maison Des Landes offers it would also like to offer its guests the opportunity to purchase alcoholic beverages to consume as stipulated under the Licensing (Jersey) Law 1974. It is my understanding that the proposed liquor licence application has the backing of the Constable of St Ouen.

Recommendation

It is recommended that the Minister withdraws the previously granted exemption making it necessary for Maison Des Landes to register under the Tourism (Jersey) Law 1948.

Action

On approval of the withdrawal of the exemption the Hospitality and Leisure Manager will notify the proprietor of Maison Des Landes and advise that an application for registration under the Tourism Law will now be required.

Hospitality and Leisure Manager

11th November 2009