Retail Outlets eligibility to apply for a Special Sunday Trading Permit during Fête de Noué

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A decision made (08.10.08) to allow retail outlets eligibility to apply for a Special Sunday Trading Permit during Fête de Noué

Decision Reference: MD-E-2008-0193
Decision Summary Title:	Sunday Trading during the Fête de Noué		Date of Decision Summary:	7 October 2008
Decision Summary Author:	Colin Gibaut Director Strategic Development		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Sunday Trading during the Fête de Noué		Date of Written Report:	2 October 2008
Written Report Author:	Colin Gibaut Director Strategic Development		Written Report : Public or Exempt?	Public
Subject: Sunday Trading during the Fête de Noué
Decision(s): The Minister confirmed that in his opinion the Fête de Noué should be classified as an Island wide festival and one of relevance to both local residents and visitors to the Island. The Minister advised that such retail outlets which would either animate the visitor experience or which would support Islanders’ enjoyment of the Christmas period should be eligible to apply for a special Sunday Trading permit, subject to appropriate terms and conditions normally considered by the Connétables when determining such applications.
Reason(s) for Decision: The Comité des Connétables has asked for guidance as to the scope of the Fête de Noué, to assist the Connétables when considering applications for permits to trade on a Sunday during the festival. The Minister considered that there was no reason why the Fête de Noué should not apply to the whole Island, and was important to both tourists and residents, in light of its social and cultural importance.
Resource Implications: There are no financial or manpower resource implications with this decision.
Action required: The Director of Strategic Development is to notify both the Comité des Connétables and the Chamber of Commerce of this decision. The Director of Strategic Development is to ensure that all interested parties are made aware of this decision.
Signature: Senator P.F.C.Ozouf		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):

Retail Outlets eligibility to apply for a Special Sunday Trading Permit during Fête de Noué

Sunday Trading during the F ê te de Nou é

Article 4 of the Shops (Sunday Trading) (Jersey) Law 1960 deals with the granting of permits for opening on Sundays and states:

(1) The Connétable of the parish where a shop is located, or is to be located, may grant a permit authorizing the shop to be open for the serving of customers –

b. In the case of a shop that is part of a publicly organized fair, fete or festival – on the Sunday specified in the permit for the purpose of such transactions as are specified in the permit.

The Fête de Noué was created approximately eight years ago to drive new business to the Island before the main festive season and to animate St Helier.

Initially this was a joint exercise between Jersey Tourism and the Centre Ville Group, but since then Jersey Tourism has assumed responsibility for the creative development, organisation and funding.

At the beginning of its life-cycle, the Fête de Noué took place over the course of one week at the beginning of December. However, due to its continuing popularity, this has gradually increased. In 2008 the event starts with a light switch on in St Helier on the first late night shopping evening on Thursday 27th November and will include all four Sundays in December.

Although initially created as an event to develop tourism business and, therefore, primarily aimed at animating the tourism experience, it is also considered that the event is socially and culturally important to Jersey residents. As far as Island residents are concerned the preparation for the Christmas period might involve a wider retail spectrum than that which would be of interest purely to visitors.

The Comité des Connétables has asked for clarification on the issuing of permits for publicly organised fairs, fetes or festivals, and how this is covered under the current and proposed Sunday Trading legislation. The Comité believes that the Fête de Noué has been regarded as a St Helier event in the past and therefore shops outside the town area have not been able to benefit from opening on the Sundays prior to Christmas.

Discussions have also taken place with the Chairman of the Chamber of Commerce Retail Sub Committee, who has advised that the large food stores would like to open on the last Sunday before Christmas during the Fête de Noué, 21st December. This has been confirmed by two of the operators.

The Shops (Regulation of Opening and Deliveries) (Jersey) Law 200- will be presented to the States and will clarify the position that any shop can open by permit on designated occasions. However this is subject to States’ approval.

There is however the current need to clarify the scope of the Fête de Noué, because it has primarily been seen as a mainly St Helier based festival, although in recent years it has extended to St Aubin and Gorey.

Conclusions

As mentioned above the Comité des Connétables has asked for guidance as to the scope of the Fête de Noué, to assist the Connétables when considering applications for permits to trade on a Sunday during the Fête de Noué.

The Minister may wish to consider the following points in deciding how to advise the Comité des Connétables:

There appears to be no valid reason why the Fête de Noué should not cover the whole Island.

The Minister could confirm that the Fête de Noué contributes to the animation of the visitor experience, and/or is of social and cultural importance to Island residents.

The Connétables would therefore be able to take this into account when considering applications for a Sunday Trading permit.

The Connétable of a Parish would be able to consult Jersey Tourism if an opinion was required on whether an application fitted in with the ethos of improving the visitor experience.

If it is felt that certain classes of shop, such as the large food stores, support Islanders’ enjoyment of the Christmas period on particular Sunday’s within the Fête de Noué period (e.g. the last trading Sunday before Christmas), then this can be included in the guidance that is issued to the Comité. Two of the large food stores have indicated that they would like to open on the last trading Sunday before Christmas.

It may also be considered that stores applying for a permit to trade during the Fête de Noué should be asked to indicate what it is that they would do to enhance the Christmas shopping experience.

Alternatively the current policy could be maintained whereby retail outlets that are not participating in the Fête de Noué could still open if they already have, or are eligible for, a Sunday Trading permit. However, they would be restricted to selling goods that are on the Schedule to the Law.

Recommendation

The Minister is recommended to confirm that in his opinion the Fête de Noué is an Island wide festival which is important to both local residents and visitors to the Island. As such retail outlets which either animate the visitor experience, or support Islanders’ enjoyment of the Christmas period, should be eligible to apply for a special Sunday Trading permit, subject to terms and conditions that are thought appropriate.

In making any decision the Connétable should take into account other matters that he/she would routinely consider in granting a permit.

Colin Gibaut

Director of Strategic Development

2nd October 2008