Draft Alcohol Licensing (Jersey) Law 202- (P.112/2025): amendment

STATES OF JERSEY

DRAFT ALCOHOL LICENSING (JERSEY) LAW 202- (P.112/2025): AMENDMENT

Lodged au Greffe on 7th January 2026 by the Comité des Connétable s

Earliest date for debate: 3rd February 2026

STATES GREFFE

2025  P.112/2025 Amd.

DRAFT ALCOHOL LICENSING (JERSEY) LAW 202- (P.112/2025): AMENDMENT

1  PAGE 26, LONG TITLE –

In the long title, delete ", to amend and rename the  Gambling Commission (Jersey) Law 2010, to make minor amendments to the Gambling (Jersey) Law 2012".

2  PAGE 26, ARTICLE 1 –

In Article 1(1) –

1. after the definition "alcohol" insert – "alcohol policy guidance statement" has the meaning given in Article 7;
2. delete the definition "Commission";
3. delete the definition "Commission Law";
4. after the definition "chose publique permit" insert – "determining authority" means the Connétable of the parish concerned;
5. for the definition "parish concerned" substitute –

"parish concerned" means –

1. for an  On-Licence or  an Off-Licence,  or  an  application  for those licences, the parish in which the premises to which the licence or application relates are situated;
2. for an application for an Off-Licence to sell alcohol online, the parish from which the alcohol would be dispatched;
3. for a Special Events Alcohol Licence, or an application for that licence, the parish in which the event is to take place, or if it takes place in more than 1 parish, the parish in which most alcohol sales are expected to take place;
4. for a licence or application in respect of premises consisting of a mobile unit, the parish in which the alcohol is ordinarily stored;

6. in the definition "public bar", for "Commission" substitute "determining authority";
7. in the definition "relevant decision" –

1. for "Commission" substitute "determining authority";
2. delete sub-paragraph (h).

3  PAGE 28, ARTICLE 3 –

1. In Article 3(1), (3) and (4) for "Commission" substitute "determining authority".
2. In Article 3(2)(a) and (b) for "Commission" substitute "Comité des Connétable s".
3. After Article 3(3) insert –
   4. The Comité des Connétable s must publish guidance for applicants on the application process, including guidance on providing details of their intended business model.

4. Renumber the subsequent paragraphs and cross-references accordingly.
5. Delete Article 3(4)(a) (renumbered as Article 3(5)(a)) and renumber the subsequent sub-paragraphs and cross-references accordingly.
6. After Article 3(4)(e) (renumbered as Article 3(5)(d)) insert –

5. in the case of an application for a Special Events Alcohol Licence, to the Connétable of any other parish in which an event is to be held;
6. in the case of an application in respect of premises consisting of a mobile unit, to the Connétable of any other parish in which the premises are intended to operate.

4  PAGE 28, ARTICLE 4 –

In Article 4(1) (wherever occurring) and (4), for "Commission" substitute "determining authority".

5  PAGE 29, ARTICLE 5 –

For Article 5 substitute –

5  Consideration of applications by Parish Assembly

1. On receipt of an application, the determining authority must convene a Parish Assembly within 5 weeks and supply the Assembly with full particulars of the application, including any report supplied under Article 4(1).
2. The Connétable of any other parish concerned, on receiving a copy of the application, may convene a Parish Assembly within 5 weeks in the case of –

1. an application for a Special Events Alcohol Licence for an event to be held in that parish; or
2. an application in respect of premises consisting of a mobile unit if the premises are intended to operate in that parish.

3. The convening notice must contain the name of the applicant (which, in the case of an application made by a body corporate, means the name of that body), the name of the club (if any) on behalf of which the application is made, the address of the premises to which the application relates and the type of licence applied for.
4. At the Parish Assembly –

1. an applicant may be present and may be represented by an authorised representative of the applicant's choice, and if the applicant is not an individual, it may be represented by its director or other representative of the applicant's choice;
2. a person chosen by the determining authority may be present and may address the Assembly;
3. a member of the Assembly may, without affecting their rights as a member, object by an advocate or a solicitor to the grant of a licence.

5. The  Parish  Assembly  must  make  a  recommendation  to  the  determining authority as a result of its consideration of the application.

6  PAGE 29, ARTICLE 6 –

1. In Article 6, in the heading and in paragraphs (2) (3), (4), (6)(b) and (7) (wherever occurring) for "Commission" substitute "determining authority".
2. For Article 6(1) substitute –

(1)  The determining authority must, after considering an application, the report supplied under Article 4(1) and the recommendation of the Parish Assembly under Article 5(5) –

1. grant a licence to the applicant (whether or not of the category applied for); or
2. refuse to grant them a licence.

3. For Article 6(3)(d) there is substituted –
   500. any alcohol policy guidance statement;
4. Delete Article 6(3)(e)(iii).
5. For Article 6(5) substitute –
   5. In the case of premises consisting of a mobile unit –

1. the  determining  authority  must specify the  locations  to  which  the licence applies;
2. the premises may operate only from a single location at any one time; and
3. the Comité des Connétable s must publish guidance for applicants in respect of the premises regarding the regulation of their businesses if they intend to operate in more than 1 parish with a view to –

1. giving them a reasonable degree of certainty as to what activity the parishes would allow; and
2. alleviating the risk that the application process might be extended by referrals to more than 1 parish.

6. For Article 6(6)(a) substitute –

(a)  that is inconsistent with this Law or any enactment made under it;

7  PAGE 29, ARTICLE 6 –

(1)  After Article 6 insert –

7  Alcohol policy guidance statement

1. The Minister may give to the Comité des Connétable s, in writing, guidance or general directions in respect of –

1. the policies to be followed by each determining authority in relation to the supervision or regulation of alcohol licensing; and
2. the manner in which any function of a determining authority is to be carried out.

2. The  guidance  may  include  provision  regarding  any  of  the  determining authorities' functions under this Law, including the imposing of conditions in respect  of  the  grant  of  alcohol  licences,  drinks  promotions,  advertising, capacity and minimum pricing in relation to alcohol, as well as standards for periodic review of licences.

3. Before issuing an alcohol policy guidance statement or any amendments to an existing statement, the Minister must consult the Minister for Justice and Home Affairs, the Minister for Health and Social Services and the Comité des Connétable s  and  lodge  the  statement  in  draft  as  a  proposition  for  the consideration of the States.
4. Once approved by the States, the statement, or the statement as amended, must be published.
5. A determining authority must –

1. act  in  accordance  with  any  general  directions  given  under paragraph (1); and
2. in discharging its functions, have regard to any guidance given under that paragraph.

6. The  Minister  must  not  give  guidance  or  general  directions  unless  the Minister –

1. has first consulted the Comité des Connétable s; and
2. considers that the giving of that guidance or direction –

1. is necessary in the public interest; and
2. will not unduly affect the determining authority's independence.

7. The Minister must not give –

1. guidance or general directions as to the exercise of a determining authority's functions in respect of any particular person; or
2. general directions as to when or how a determining authority is to perform its social responsibility function.

(2)  Renumber the subsequent Articles and cross-references accordingly.

8  PAGE 30, ARTICLE 7 –

In Article 7 (renumbered as Article 8), in paragraphs (3) (wherever occurring) and (4), for "Commission" substitute "determining authority".

9  PAGE 31, ARTICLE 8 –

In  Article 8  (renumbered  as  Article 9),  in  paragraphs (1),  (2),  (3)  and  (5)(c),  for "Commission" substitute "determining authority".

10  PAGE 31, ARTICLE 9 –

For Article 9 (renumbered as Article 10), for paragraphs (2) and (3) substitute –

2. The Comité des Connétable s must determine and publish the fees payable under this Law.
3. The fees must be set at a level consistent with, and not exceeding, the reasonable costs to the parishes of carrying out their functions under this Law.
4. Before publishing the fees, the Comité des Connétable s must –

1. publish  the  proposed  level  of  fees  for  at  least  6 weeks  before implementing the charges; and
2. consult the  persons it considers to be representative of hospitality businesses in Jersey during that 6-week period.

5. The fees are payable to and are retained by the parish of the determining authority.
6. But nothing in this Article prevents the parishes from agreeing to pool or otherwise redistribute the fee income received under this Article as they think appropriate.

11  PAGE 32, ARTICLE 10 –

In Article 10(3) (renumbered as Article 11(3)), for "Commission" substitute "determining authority".

12  PAGE 32, ARTICLE 11 –

1. In Article 11 (renumbered as Article 12) (wherever occurring), for "Commission" substitute "determining authority".
2. Delete Article 11(h) (renumbered as Article 12(h)).

13  PAGE 32, ARTICLE 12 –

1. In Article 12 (renumbered as Article 13), in the heading and in paragraphs (1), (2),
   3. (wherever  occurring)  and  (4)  for  "Commission"  substitute  "determining authority".
2. In Article 12(2) (renumbered as Article 13(2)), for "the Chief Police Officer, the Chief Fire Officer or the Connétable of the parish concerned" substitute "the Chief Police Officer or the Chief Fire Officer".
3. In Article 12(4) (renumbered as Article 13(4)), for "an opportunity" substitute "a reasonable opportunity".

14  PAGE 32, ARTICLE 13 –

In  Article 13  (renumbered  as  Article 14),  for  "Commission"  substitute  "determining authority".

15  PAGE 33, ARTICLE 14 –

For Article 14 (renumbered as Article 15), substitute –

15  Determining authorities to publish particulars

A determining authority must publish on its parish website a list of all licensed premises in that parish, including mobile units in respect of which a licence has been granted to operate from the parish, and the conditions, including the permitted hours, attached to each licence.

16  PAGE 33, ARTICLE 15 –

1. In Article 15 (renumbered as Article 16), in paragraphs (4), (5) and (6) (wherever occurring, for "Commission" substitute "determining authority".
2. In Article 15(6) (renumbered as Article 16(6)), delete "the Connétable of the parish concerned,".

17  PAGE 33, ARTICLE 16 –

1. In Article 16 (renumbered as Article 17), renumber the existing text as paragraph (1).
2. After paragraph (1) insert –

2. But if the licensee closes the licensed premises for a consecutive period of more than 1 day (excluding a day observed as a general holiday or a public holiday under the Public Holidays and Bank Holidays (Jersey) Act 2010), they must give prior notice of the closure to the determining authority who must then notify the Chief Police Officer.
3. A licensee who contravenes paragraph (2) commits an offence and is liable to a fine of level 2 on the standard scale.

18  PAGE 34, ARTICLE 18 –

In  Article 18  (renumbered  as  Article 19),  for  "Commission"  substitute  "determining authority".

19  PAGE 34, ARTICLE 19 –

1. In  Article 19  (renumbered  as  Article  20),  in  paragraphs  (1)(a)  and  (2),  for "Commission" substitute "determining authority".
2. In Article 19(2) (renumbered as Article 20(2)), delete "the Connétable of the parish concerned,".

20  PAGE 35, ARTICLE 21 –

For Article 21 (renumbered as Article 22) substitute –

22  Scope of On-Licence

1. Subject to this Law, an On-Licence authorises the sale by retail of alcohol for consumption on the licensed premises to –

1. persons living on the premises, or accommodated for reward on the premises, at any time;
2. any other persons, during the permitted hours.

2. An On-Licence may authorise the sale by retail of alcohol in closed containers for consumption off the licensed premises to any persons during the permitted hours.

21  PAGE 35, ARTICLE 22 –

In Article 22 (renumbered as Article 23), in paragraphs (1)(h) and (i), (2)(a) and (3), for "Commission" substitute "determining authority".

22  PAGE 36, ARTICLE 26 –

In  Article 26  (renumbered  as  Article 27),  for  "Commission"  substitute  "Comité  des Connétable s".

23  PAGE 36, ARTICLE 27 –

In Article 27(2)(a) (renumbered as Article 28(2)(a)), for "Commission, the States of Jersey Police Force and the parish concerned" substitute "determining authority and the States of Jersey Police Force".

24  PAGE 37, ARTICLE 29 –

1. In  Article 29(2)  (renumbered  as  Article 30(2)),  for  "Commission"  substitute "determining authority".
2. For paragraph (3) substitute –
   3. An Off-Licence may authorise the sale by retail of alcohol for consumption on the premises.

25  PAGE 37, ARTICLE 31 –

In Article 31(2) (renumbered as Article 32(2)), for "Commission" substitute "determining authority".

26  PAGE 38, ARTICLE 32 –

For Article 32 (renumbered as Article 33), substitute –

33  Duty of Connétable s to keep register

The Connétable of each parish must keep a register and enter in it particulars of every conviction relating to licensed premises situated in the parish.

27  PAGE 38, ARTICLE 33 –

Delete  Article 33(2)  (renumbered  as  Article 34(2))  and  renumber  the  subsequent paragraphs and cross-references accordingly.

28  PAGE 38, ARTICLE 34 –

In  Article 34  (renumbered  as  Article  35),  in  paragraphs  (5)(a),  (6)  and  (8),  for "Commission" substitute "determining authority".

29  PAGE 40, ARTICLE 38 –

In Article 38(1) (renumbered as Article 39(1)), for "Commission" substitute "determining authority".

30  PAGE 41, ARTICLE 42 –

1. In Article 42 (renumbered as Article 43), in paragraphs (1) (where first occurring),
   2. and  (6) (wherever  occurring)  for  "Commission"  substitute  "determining authority".

2. In Article 42(1)(b) (renumbered as Article 43(1)(b)), delete "or the Commission Law".

31  PAGE 42, ARTICLE 43 –

1. In Article 43 (renumbered as Article 44), in paragraphs (1), (2), (4) (wherever occurring) and (6), for "Commission" substitute "determining authority".
2. For Article 43(5)(d) (renumbered as Article 44(5)(d)) substitute –

(d)  a person mentioned in sub-paragraph (c) has failed to comply with a requirement imposed under a direction under Article 43.

3. In Article 43(6) (renumbered as Article 44(6)), for "an opportunity" substitute "a reasonable opportunity".

32  PAGE 44, ARTICLE 51 –

In Article 51 (renumbered as Article 52), delete ", an officer of the Commission". 33  PAGE 44, ARTICLE 52 –

In Article 52 (renumbered as Article 53), in the heading and in paragraph (1) (wherever occurring), for "Commission" substitute "determining authority".

34  PAGE 46, ARTICLES 57 AND 58 –

Delete Articles 57 and 58 (renumbered as Article 58 and 59) and renumber the subsequent Articles and cross-references accordingly.

35  PAGE 48, ARTICLE 60 –

1. In Article 60 (renumbered as Article 59), in paragraphs (1)(a) (where first occurring), (1)(a)(ii), (c), (d), (g) and (h), (2)(a), (b)(ii) and (iii) and (3), for "Commission" substitute "determining authority".
2. In Article 60(1)(a)(iv) (renumbered as Article 59(1)(a)(iv)), for "the Commission has statutory functions" substitute "the determining authority has functions under this Law".
3. In Article 60(1)(b) (renumbered as Article 59(1)(b), for "Commission's" substitute "determining authority's".
4. In  Article 60(2)(b)(i)  (renumbered  as  Article 59(2)(b)(i)),  for  "Commission" substitute "determining authority in respect of this Law".

36 PAGE 49, ARTICLE 61 –

1. In Article 61 (renumbered as Article 60), in paragraphs (1), (2), (3) and (4). for "Commission" substitute "determining authority".
2. In Article 61(1)(a) (renumbered as Article 60(1)(a)), delete "or notice of a final decision to impose a civil penalty".
3. In Article 61(3) (renumbered as Article 60(3)), for "Commission's" substitute "determining authority's".
4. In Article 61(4) (renumbered as Article 60(4)), delete "the Connétable of the parish concerned,".

37 PAGE 50, ARTICLE 62 –

In Article 62 (renumbered as Article 61), in paragraphs (1), (2) and (3), for "Commission" substitute "determining authority".

38 PAGE 50, ARTICLE 63 –

1. In Article 63 (renumbered as Article 62), in paragraphs (1) and (3)(a) (wherever occurring), for "Commission" substitute "determining authority".
2. In Article 63(2)(b) (renumbered as Article 62(2)(b)), delete "or the final notice under Article 57(4)".

39 PAGE 51, ARTICLE 64 –

In Article 64 (renumbered as Article 63), in paragraphs (1) and (3), for "Commission" substitute "determining authority".

40 PAGE 51, ARTICLE 65 –

In Article 65(a) (renumbered as Article 64(a)), after "(of any strength)" insert "or spirits". 41 PAGE 52, ARTICLE 69 –

Delete Article 69 (renumbered as Article 68) and renumber the subsequent Articles and cross-references accordingly.

42 PAGE 53, SCHEDULE 1, PARAGRAPH 1 –

In Schedule 1, paragraph 1(2), for "Commission" substitute "determining authority".

43 PAGE 53, SCHEDULE 1, PARAGRAPH 3 –

In Schedule 1, paragraph 3, for "Commission" substitute "determining authority".

44 PAGE 53, SCHEDULE 1, PARAGRAPH 4 –

In Schedule 1, paragraph 4, for "the Commission" substitute "each determining authority".

45 PAGE 54, SCHEDULE 1, PARAGRAPH 6 –

In Schedule 1, paragraph 6(1) and (2), for "Commission" substitute "determining authority".

46 PAGE 55, SCHEDULE 2 –

1. Delete Schedule 2.
2. Renumber Schedule 3 and cross-references to it accordingly.

47 PAGE 62, SCHEDULE 3 –

1. In the table in Schedule 3, delete the following entries –

1. Corruption (Jersey) Law 2006;
2. Data Protection (Jersey) Law 2018;
3. Gambling (Ancillary Services and Miscellaneous Provisions) (Jersey) Regulations 2012;
4. Gambling (Charitable and Membership Gambling Services) (Jersey) Regulations 2012;
5. Gambling Commission (Consultation on Codes of Practice) (Jersey) Order 2011;
6. Non-Profit Organizations (Jersey) Law 2008.

2. In the table in Schedule 3, in the entry relating to the Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002, delete paragraph 1 and renumber the subsequent paragraph as an unnumbered paragraph.

COMITÉ DES CONNÉTABLES

REPORT

SUMMARY

The  primary  proposal  within  this  amendment  is  that  the   Connétable s  should  serve  as the determining authority for alcohol licensing applications affecting their respective parishes.

THE CASE FOR CHANGE

In his accompanying report to P.112/2025, the Minister for Sustainable Economic Development outlines 4 criticisms of the Licensing (Jersey) Law 1974 before setting out 5 key policy priorities that the draft new Law is intended to deliver.

The 4 criticisms are the same as those listed in the report accompanying the last full-scale licensing law reform proposition back in 2017. [1]The 1974 Law is as complex as its licence categories are inflexible. Licence fees bear limited resemblance to the cost of administering applications or the degree of risk or social impact generated by the licensed businesses that pay them. Limited policy guidance is available to the Licensing Assembly, which in turn means that the Licensing Assembly has had to fill the gap as a consequence of its obligation to apply Article 6(9) of the 1974 Law.

While the Comité acknowledges those criticisms, it questions whether all 4 have been fully evaluated. Even if the criticisms are taken at face value, it is not entirely convinced that an entirely new law is needed to address them.

Licence  fees  could  and  should  have  been  reviewed  by  the  then  Minister  for  Economic Development back in 2007-08. [2]Responding to the interlinked licence category and complexity issues is fundamentally a matter of updating social policy imperatives, responding to changes in consumer behaviour, providing for online retail and improving upon the existing licence transfer system to hold the right people accountable for selling alcohol responsibly. Regarding policy guidance, the framework for licensing policy decisions that the States sought for themselves back in 2020 exists already. [3]The States have always been able to make licensing policy changes and address the other criticisms by either replacing the existing law or by refining the existing one. Moreover, Article 93 of the existing 1974 Law seems to offer broad scope to amend that Law without recourse to the Privy Council.

THE NEW LAW

It is nevertheless the case that a new Law has been developed and now lodged with a view to advancing 5 key policy priorities:

1. Bring responsibility for policy guidance under the remit of the Government and States Assembly.
2. Reduce the complexity and time involved in the application process.
3. Preserve and enhance the role of the Parishes.
4. Establish new and more proportionate mechanisms for enforcement.
5. Reduce the number of licence categories and remove the need for multiple licences at the same premise.

The Comité has no objection to those priorities. It nevertheless believes that the proposed new Law needs amending in order to do justice to all 5 and, in particular, to fulfil policy priority 3.

THE AMENDMENTS IN DETAIL

If adopted in full, this amendment would make a series of key changes to the new draft Law.

The determining authority

The Comité does not believe that the remit of the Jersey Gambling Commission should be extended. It considers that the relevant qualities possessed by the Commission are also found within the parishes. While the Commission may have a theoretical process advantage as a single entity, the parishes have the benefit of current experience in alcohol licensing regulation. Moreover, parish administrations will also have scope to collaborate on administering the new Law.

The Alcohol Licensing Consultation Paper of December 2024 advocated expanding the remit of the Gambling Commission on the basis that the Commission was receptive to the proposal and that there were synergies between gambling and alcohol regulation. What the paper did not do was outline alternative options to replace the Licensing Assembly and why those alternatives had been dismissed.

In January 2025, the Comité wrote to the Minister and proposed that the parishes be appointed as determining authorities. A similar proposal was put to the Minister's predecessor as long ago as March 2014. Regrettably, this proposal was not followed up in 2025 and the subsequent consultation response document stopped short of evaluating the concept of parish determination.

Having now lodged the draft Law, the Minister is declaring that the Gambling Commission has been selected on account of their established relationships with a number of licensees,' coupled with their record of managing a complicated industry with a number of differing stakeholders' and their modest staff' that includes key personnel with experience of alcohol regulation.

The Comité endorses the Minister's assessment of the Commission but sees comparable qualities within the parishes. The 12 parishes have established relationships with all of the licensed premises in the Island. Parish administrations operate with a modest staff and engage with a wide range of stakeholders across a range of regulatory fields. It is also the case that parishes have current experience of multiple aspects of the Island's alcohol licensing regime within both their central administrations and across the Honorary Police. The Commission is not quite in the same position.

The Comité recently learned of two factors that might have caused the parish option to be dismissed in haste.

One factor became apparent when the 2024 Annual Report and Accounts of the Jersey Gambling Commission were published in August 2025. [4]Paragraph 2 of the Chief Executive's statement discussed a deterioration in the financial position of the Commission on account of the status of the local gambling sector:

The Commission will therefore face increasing financial pressures in the future as it continues to operate purely on the income that it receives through licence fees and without the benefit of any public money. The long-term impact of this is clear: either the Commission receives a new revenue stream, or it will have to make whatever savings can be made and steadily use its retained surplus as a financial buffer. Article 3(1)(b) of the Commission Law provides a possible further avenue of exploration, in that it describes the functions of the Commission as being any other function conferred on or transferred' to the Commission by any enactment. The recent signing of the Memorandum of Understanding between the Commission and the Minister for Sustainable Economic Development has opened an avenue for dialogue in this regard and progress is now underway to discuss the remit of the Commission and how it might possibly evolve to undertake other functions.'

It appears possible, therefore, that the remit of the Gambling Commission is being extended to secure the financial sustainability of that arm's length regulator and alleviate pressure on that regulator to make savings.

The Minister outlined a second factor in his thinking when he met a delegation of the Comité on 29th October 2025. He expressed concern that the determination of licence applications at parish level would be less than consistent and would likely deter future investment in the Island's leisure and visitor economy.

While  the  Comité  acknowledges  the  Minister's  concern, it notes that the  parishes already administer Choses Publique and Sunday Trading Permits without particular difficulty. It also notes that the Minister's own draft Law offers two compelling safeguards against inconsistency in alcohol licence determinations. The first is the appeals provision, which establishes the Licensing Appeals Court. The second is the provision for an alcohol policy guidance statement.

The Alcohol Policy Guidance Statement

The Comité fully endorses the concept of a States-approved alcohol policy guidance statement and has maintained it in this amendment. It nevertheless notes that development of such a statement will take significant time and effort.

The reduction of alcohol licence categories to 3 will deliver a more flexible licensing system for applicant businesses. It will nevertheless mean that the determining authority will have a significantly greater number of variables to assess per application. This will in turn require consideration of the scope for impact on the legitimate interests of other stakeholders. These include neighbouring residents, customers, the States of Jersey Police and health professionals. Policy guidance will likely need to cover: opening hours limitations; drinks promotions and advertising; relative tolerance of stand-up versus sit-down drinking; minimum pricing; noise mitigation requirements; when on-licensed premises may be permitted to sell off-licence and vice versa; and, various other matters.

A suitably comprehensive alcohol policy guidance statement may also determine the extent to which individual parishes could account for particular geographical / environmental factors within their parish boundaries when taking decisions.

This amendment would move the alcohol policy guidance statement to the main body of the new draft Law instead of within the Gambling Commission (Jersey) Law 2010. The revised Article has been drafted with a view to ensuring that such a policy delivers consistent decision making across the 12 parishes, whilst also ensuring that individual parish administrations will have proportionate flexibility to take decisions in the interests of their respective parishioners.

The Comité will also develop an applications guidance note to guide prospective applicants on the application process. This note will include guidance on the need for applicants to provide a summary of their operating model.

On and off-licences – the amendment will reverse the presumption in the draft Law that on- licensed premises should also be able to sell alcohol for consumption off the premises by default and that off-licences may permit consumption on their premises by default.

The Comité considers that the Law as originally drafted provides an excessive degree of flexibility that does not adequately take into account the perspectives of stakeholders other than an applicant business.

Special Events Alcohol Licence – provision is made within the application process for determining applications in respect of events that may span more than one parish.

Fees – these will be determined and published by the Comité des Connétable s at least 6 weeks prior to implementation. They would be set at a level that could not exceed the reasonable cost of administration and be payable to the parish in receipt of the application. The Comité is confident that these would be no higher than the indicative Commission fees published by the Minister on page 9 of P.112. In the case of larger on and off-licensed premises, it is considered likely that the fees charged could be more than 25% lower.

Closure of licensed premises – the existing requirement to notify the parish of a closure in excess of 24 hours (as per Article 15 of the 1974 Law) would be carried over to the new Law on the basis that it remains a useful mechanism for keeping the Honorary Police informed.

Civil financial penalties – these proposed new penalties would be deleted. A Connétable would remain able to issue a direction to a licensed business in specified circumstances and would be able to suspend or, if justified, revoke a licence if that direction was not followed. The parishes remain to be convinced that current levels of non-compliance warrant the introduction of civil penalties. They are also reluctant to be perceived as having scope to gain a new financial benefit from enforcement activity against licensed premises.

Exemptions – the licence exemption applicable to businesses selling bulk quantities of locally grown cider would be extended to include spirits. In this regard, the Comité makes no comment on the balance of social and economic factors that may have led the Minister to carry over this exemption from the 1974 Law. It nevertheless considers that if there is merit in retaining the exemption, it should cover a broader range of genuine local production.

CONCLUSION

The Comité des Connétable s acknowledges the effectiveness of the Jersey Gambling Commission as a regulator in its current field. It nevertheless considers that individual parish administrations are better placed to take on the determining authority function if the Licensing Assembly is to be extinguished. The provision of a suitable comprehensive and well designed alcohol policy guidance statement will help ensure that decision making across the parishes is both consistent and balances the interests of applicant businesses and other legitimate stakeholders.

CHILDREN'S RIGHTS IMPACT ASSESSMENT

A Children's Rights Impact Assessment (CRIA) has been prepared in relation to this proposition and is available to read on the States Assembly website.

FINANCIAL AND STAFFING IMPLICATIONS

The cost of administering the alcohol licensing system will continue to be met by the fees collected from businesses. This amendment would nevertheless redirect those fees to the parishes in direct proportion to the number of applications processed and businesses licensed.

Parish administrations expect to be able to leverage their existing administrations and alcohol licensing capacity with a view to minimising both the fees payable under this law and the costs of transitioning to parish-based administration. The Comité does not anticipate any additional costs to the States as a consequence of maintaining the existing remit of the Jersey Gambling Commission, albeit that it may necessitate consideration of savings by the Gambling Commission.

Careful consideration will also be given to the scope for centralisation of licensing policy and administrative functions within St. Helier , being the parish with the largest number of licensed businesses.

[1]1 Proposition P.103/2017 refers.

[2]2 Proposition P.117/2007 refers.

[3]3 Proposition P.105/2020 refers.

[4]4 Report R.120/2025 refers.