Jersey - here we come!

18 June will see our first appearance in Jersey on a licence application!

Only however at this stage in a supporting and supervisory role for one of our long established clients who is looking to expand there.

The Jersey licensing regime dates back to the Licensing (Jersey) Law 1974.

There are a number of types of licence available:

A taverners licence authorises the sale by retail of intoxicating liquor -

1. for consumption on the licensed premises, to -
   1. persons residing on the premises, at any time,
   2. any other persons, during the permitted hours; and
2. in closed vessels for consumption off the licensed premises, to any persons -
   1. on weekdays between 9 am and 9 pm, and
   2. on Sundays between 11 am and 9 pm.

The permitted hours are on weekdays 9.00 am to 11 pm and on Sundays 11 am to 11 pm.

A residential licence which authorises the sale by retail of intoxicating liquor, for consumption on the licensed premises, to persons residing on the premises, at any time. A licence shall not be granted in respect of any premises which do not provide a sitting-room of adequate size, other than a bar-lounge, for the exclusive use of persons accommodated for reward on the premises.

A restaurant licence which licence :

1. shall authorize the sale by retail, during the permitted hours, of intoxicating liquor for consumption on the licensed premises, to persons taking a meal on the premises; and
2. where the conditions specified in paragraph (2) are complied with, shall also authorize the sale by retail of intoxicating liquor, for consumption on those premises, to other persons during the permitted hours for a licence of the first category.

The conditions referred to above on which intoxicating liquor may be sold to persons who are not taking a meal on the licensed premises, are as follows -

1. the principal purpose of the premises must be the business of a restaurant;
2. no liquor may be opened or served to any such person on the premises, except by a waiter or waitress and while the person is seated at a table; and
3. no liquor may be consumed by any such person on the premises except while seated at a table.

A comprehensive licence which authorises the sale by retail of intoxicating liquor -

1. for consumption on the licensed premises to -
   1. persons residing on the premises at any time,
   2. any other person, during the permitted hours;
2. in closed vessels for consumption off the licensed premises, to any persons -
   1. on weekdays between 9 am and 9 pm, and
   2. on Sundays between 11 am and 9 pm. 

A comprehensive licence - which our client is seeking - shall not be granted in respect of any premises which in the opinion of the Licensing Assembly are not suitably designed to meet the needs of both residents and non-residents and on which the business cannot be conducted without prejudicing the comfort of the residents and also which do not provide a sitting-room of adequate size, other than a bar-lounge, for the exclusive use of residents.

There are also the categories of club licence, off licence and entertainment licence. All of which must seem slightly familiar to those who recall the licensing regime in England and Wales before 2005.

Every application for the grant of a licence must, before being submitted to the Licensing Assembly, be considered by the Parish Assembly of the parish concerned, and the Parish Assembly shall recommend to the Licensing Assembly whether or not the application should be granted.