Skip to main content

Alcohol and Licensing: Draft Strategy for Jersey

The official version of this document can be found via the PDF button.

The below content has been automatically generated from the original PDF and some formatting may have been lost, therefore it should not be relied upon to extract citations or propose amendments.

PDF version

STATES OF JERSEY

ALCOHOL AND LICENSING: DRAFT STRATEGY FOR JERSEY

Presented to the States on 16th January 2014 by the Chief Minister

STATES GREFFE

2014   Price code: D  R.4

Council of Ministers

Alcohol and Licensing: Draft Strategy for Jersey

8th January 2014

Alcohol is a part of all our lives, regardless of whether or not we drink.

It is a source of enjoyment for many people, and its sale supports the restaurants, pubs and clubs which are part of the fabric of Island life. For others however, alcohol presents a problem, whether because they themselves drink too much or because they suffer as a result of the crime, violence and disorder that alcohol can generate.

We want to provide all Islanders with an opportunity to comment on our proposed Alcohol and Licensing Strategy – a Strategy which aims to strike a balance between recognising the very real impact that alcohol has on the health and well-being of Islanders,  whilst  also  recognising  that  a  culture  of  sensible  drinking  can  support vibrant communities and make an important economic contribution.

The Strategy will be available for comment from 8th January 2014 to 24th March 2014.

 _____________________________________________________________________

Summary

The  Council  of  Ministers  are  inviting  Islanders  to  comment  on  a  proposed  new Alcohol and Licensing Strategy for Jersey. The Strategy has two key Sections –

  1. Our overarching policy and strategic objectives in relation to alcohol, and the actions  we  propose  to take  in order  to deliver  against  those  strategic objectives.
  2. Our proposals for the introduction of a new fit-for-purpose Licensing Law. This Law will be introduced in a two-phased approach –
  • Phase 1: a framework law providing for the introduction of amended licence categories.
  • Phase 2:  subordinate  legislation  providing  details  of  each  licence category and transitional arrangement from the old licensing system to the new system.

The Council of Ministers would like to hear from –

  • members of the public
  • licensees and representatives of the retail and hospitality industry
  • voluntary and community sector organisations, including those with a direct or indirect interest in alcohol-related issues (e.g. health and well-being; crime and disorder)
  • parishes and other community officials/representatives How to comment

If you have any comments on any part of the Alcohol and Licensing Strategy, please let us know. You can submit your comments –

  • by e-mailing (alcohol.licensing@gov.je)
  • online at www.gov.je/consult  
  • by writing to –  Alcohol and Licensing Strategy Cyril Le Marquand House

PO Box 140

St. Helier

Jersey

JE4 8QT

If you are submitting comments, please provide the following information with your response –

  1. Your name
  2. Your contact details (e-mail/phone number/address)
  3. Whether you are commenting as an individual or on behalf of an organisation and, if so, the name of the organisation

You can submit your comments –

  • by e-mailing (alcohol.licensing@gov.je)
  • by posting your comments in writing
  • by completing the online survey (www.gov.je/consult)

Write to:  Alcohol and Licensing Strategy

Cyril Le Marquand House

PO Box 140

St. Helier

Jersey

JE4 8QT

Please note that comments received may be made public (sent to other interested parties on request, sent to the Scrutiny Office, quoted in a published report, reported in the media, published on www.gov.je, etc.). You need to tell us if you –

  • agree that your comments may be made public and attributed to you
  • agree  that  your  comments  may  be  made  public  but  not  attributed (i.e. anonymous)
  • do not want your comments made public.

ALCOHOL AND LICENSING STRATEGY FOR JERSEY

Contents Background

  1. A joint approach
  2. Alcohol and Licensing Policy Group
  3. Why we need an Alcohol and Licensing Strategy
  4. Our drinking
  1. How much are we drinking?
  2. Alcohol and health

Section 1: The Strategy

  1. Our objectives
  2. Measures of success
  3. Our actions

Section 2: Licensing Law

  1. Background
  2. Proposed approach
  3. What the Law will do –
  1. Licensing objectives
  2. Alcohol and Licensing Policy Group
  3. The Licensing Assembly and appeals
  4. Statutory consultees and powers
  5. Licence application process and fees
  6. Licensing systems
  7. Conditions of licences

Appendix 1:  Terms of reference for the Alcohol and Licensing Policy Group Appendix 2:  Proposed timeframe for development of Strategy and Licensing Law

Background

  1. A joint approach

This Strategy is being released for comment by the Council of Ministers; a joint approach  that recognises that  matters  relating  to  alcohol  cut  across  the  States  of Jersey's departmental boundaries.

The Minister for Economic Development is currently responsible for the Licensing Law; the Minister for Health and Social Services for the provision of services that deal with the consequences of over-consumption; the Minister for Home Affairs for the Police and Fire Services that support the safety of Islanders; the Minister for Treasury and Resources for issues relating to impôts duty; and the Chief Minister for broader social policy.

This Strategy sets out the Council of Ministers' broad approach to alcohol. It is supported by two key documents –

  • Preventing Harm caused by alcohol; a discussion document produced by the Health and Social Services Department.
  • Licensing  Law  policy  paper;  produced  by  the  Economic  Development Department in response to the 2009 consultation on proposed changes to the Licensing Law.

Both  these  documents,  which  are  available  from  www.gov.je/consult,  provide significant additional information. When read side by side, they also demonstrate the challenge at the heart of this Strategy; how to strike a balance between the problems that alcohol presents for some, whilst not having a detrimental impact on everyone else, including industry.

  1. Alcohol and Licensing Policy Group

To be effective all strategies need someone to own them and to oversee their delivery. The Council of Ministers has, therefore, established an Alcohol and Licensing Policy Group.

The role of the Group is to: oversee the ongoing development and delivery of the Strategy; evaluate its impact against the measures set out in Section 1; bring forward to the Council of Ministers recommendations for new initiatives and/or legislation required to support its delivery.

In addition, a key role of the Group is to provide advice to the lead Minister for the Licensing Law, in support of the annual report issued by that Minister on an annual basis to the Licensing Assembly. The purpose of that annual report is to provide direction to the Assembly on matters related to the issuing of all alcohol licences and associated conditions of licence.

Terms  of  Reference  for  the  Alcohol  and  Licencing  Policy  Group  are  set  out  in Appendix 1.

The Group will include –

  1. Chief Minister (Chairman)
  2. Minister for Economic Development
  3. Minister for Health and Social Services
  4. Minister for Home Affairs.

Sub-groups will be established with internal and external stakeholders and industry representatives.

  1. Why we need an Alcohol and Licensing Strategy

In 2003 the States of Jersey agreed an Alcohol Strategy that focused on reducing the harm caused by alcohol. During the 10 year life of the Strategy (2003 to 2013), a number of initiatives were implemented in accordance with that Strategy, including –

  • regular drink-driving campaigns;
  • embedding alcohol education into the school curriculum;
  • closer working between the States of Jersey Police and Licensees;
  • maintaining an annual increase in alcohol impôts in most years.

These initiatives have helped support a fall in the consumption of alcohol over that 10 year period from 16 litres to 12.8 litres per capita (15+), per year. Despite this drop, levels of alcohol consumption remain high in Jersey compared to other jurisdictions (average of 11 litres per person in Europe)1 and, as set out below and as described in Preventing Harm Caused by Alcohol, that brings a whole range of adverse health impacts, social problems and challenges which in turn have an economic impact (cost of treatment; working days lost, etc.).

At the same time however, we cannot ignore the fact that a culture of sensible drinking can support vibrant communities and make an important economic contribution.

It is for this reason that the Council of Ministers is bringing forward a joint Alcohol and Licensing Strategy that recognises the conundrum but, nevertheless, aims to create a sustainable balance between reducing harm and benefit.

1 Source: Public Health Intelligence Unit

  1. Our drinking
  1. How much are we drinking?

In Jersey, we drink high levels of alcohol when compared to other countries, including France and the UK.

Alcohol Consumption per capita (litres of pure alcohol per 15+)[2]

JERSEY UK France Germany Ireland Canada Sweden Target

18 16 14 12 10 8 6 4 2 0

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Year

It is estimated that in 2012 we drank, on average, 12.8 litres of alcohol per person per year. This is roughly equivalent to 130 bottles of wine per person per year, or 25 units of alcohol per week for everyone aged 15 and over. Of course, the reality is more varied than this. We all know people who consume more than the average and those who consume nothing at all.

Our health is at increased risk[3] if we drink regularly more than 4 units per day for men or 3 units per day for women; or at higher risk if we regularly drink more than 8 units a day for men or 6 units a day for woman; nevertheless, many of us do, and sometimes without realising it[4]. A single large glass of wine can contain 3 units of alcohol – a woman's maximum daily limit.

What is a unit of alcohol?

In 2010, 12,617 Islanders (7,212 men and 5,405 women) reported they were drinking, on at least one occasion per week, more than the limit of 4 units or 3 units a day5.

Given the widespread misunderstanding about what constitutes a unit of alcohol, this is likely to be a real underestimation of the numbers of people drinking at a level which is potentially harmful to their health.

64% of people say they drink alcohol sometimes to relieve stress, and 24% say they sometimes  drink  with  the  intention  of  getting  drunk6.  Perhaps  not  surprisingly,

children and young people state that socialising and having fun with friends is the biggest influence on why they drink alcohol7.

  1. Alcohol and health

We know that we are drinking a lot as an Island, and we also know that excessive alcohol can damage our health. There are the acute effects of drunkenness (accidents, violence and injuries, alcohol poisoning, vomiting and aspiration and risky sexual behaviour); and the 60 or so medical conditions for which alcohol can be a causal factor, including –

  • gastrointestinal disease such as liver cirrhosis – or chronic liver disease – and pancreatitis;
  • hypertension (high blood pressure);
  • obesity and type II diabetes;
  • cancers, including mouth, throat, gullet, stomach, breast and liver cancers;
  • neuro-psychiatric conditions such as depression and anxiety.

5 Jersey Annual Social Survey (2010)

6 Source: States of Jersey Statistics Unit

7 Public Health Department: 2011: A Picture of Health in Jersey: 2010

Hospital admissions: in 2010 there was a rate of 2,065 admissions per 100,000 to the Jersey General Hospital which were attributable to alcohol – at an estimated cost to the hospital of £2 million per year. This is above the average rate of 1,898 admissions in England[5]. This puts Jersey 3rd highest for English regions, only behind the North- East and North-West.

Binge drinking', especially amongst young adults, is a real concern resulting in hospital staff reporting increased numbers attending the Hospital's Emergency Department, needing treatment for acute intoxication, falls and injuries resulting from fights, particularly at the weekend.

Premature death: there are, on average, 307 years of life lost every year due to premature death from alcohol in Jersey. Alcohol accounts for around 2% of all deaths in our Island[6].

Liver disease: Jersey experiences 30–50% more deaths than would be expected from chronic liver disease when compared with England and Wales[7]. Most, but not all, cases of chronic liver disease are caused by excessive alcohol consumption.

Addiction: It is hard to gauge the true extent of addiction, but recent surveys in Jersey suggest that at least 5% to 12% of people have some issues with hazardous alcohol consumption. 14% of people report having a feeling of guilt or regret after drinking, and the same proportion have been unable to remember what happened the night before[8]. It is estimated that approximately 4,000 people in Jersey are dependent on alcohol[9].

SECTION 1: The Strategy

  1. Our objectives

We know that for some people alcohol is a very real problem; whether that is because they themselves drink too much or because they suffer as a result of other people drinking too much. Similarly, for many people, alcohol is simply an enjoyable, well- managed part of their lifestyle.

We want an Alcohol and Licensing Strategy that protects people from harm whilst avoiding placing unnecessary restrictions on the pleasure that alcohol can provide. A Strategy that recognises that alcohol is different from other commodities, in that, unlike most other products that we legitimately buy for personal consumption, it can do great damage to individuals and to communities13.

We also want a Strategy, and associated licensing regime, that supports business and allows the Island's restaurants, pubs and clubs to continue to flourish.

The prime purpose of this Strategy is therefore to reduce the harm caused by alcohol misuse; a purpose that recognises that many people who drink alcohol do not misuse alcohol.

Our 5 keys objectives, which are the same as those set out in the Licensing Law (Section 2), are to –

  1. help reduce alcohol-related crime and disorder;
  2. better secure public safety;
  3. help prevent public nuisance14;
  4. better protect and improve public health;
  5. help protect children from alcohol-related harm.

We want our Strategy to –

  1. reduce the high levels of alcohol consumed in Jersey;
  2. reduce young people's drinking and their access to alcohol;
  3. help those who want to drink less;
  4. reduce the rates of alcohol-related offences and protect those at risk of those offences, including: domestic violence, assault, public disorder and drink- driving.

And in doing so, we want to –

  1. support business through an equitable and transparent licensing system;
  2. ensure any mechanism for controlling the consumption and availability of alcohol are evidence-based, proportionate and do not unnecessarily penalise businesses or sensible drinkers.

13 Tobacco being a notable exception

14 Public nuisances include issues such as noise, rubbish or behaviours that present a nuisance

to others

  1. Measures of success

In order to know whether our Strategy is successful and achieving what we want it to do, we need clear, measurable indicators. Responsibility for measuring the success of this Strategy will fall to the Alcohol and Licensing Policy Group (Section 1.2).

These measures, which may be reviewed, changed or added to over the life of the Strategy include –

  1. Reduce the high levels of alcohol consumed in Jersey. Demonstrated through:
    1. per capita consumption of pure alcohol from 12.8 litres[10].
  2. Reduce alcohol consumption by under-age drinkers. Demonstrated through:
    1. numbers of 14–15 year-olds who report they regularly drink alcohol (currently 11%);
    2. numbers of young people being given alcohol by others or buying alcohol for themselves (56% of 14–15 years who state they drink, obtain alcohol from friends, compared to 6% who say they buy alcohol themselves)[11].
  3. Reduce alcohol-related ill-health and injury. Measured through:
    1. repeat referrals to Alcohol and Drugs Service (134 new alcohol referrals in 2011; 230 total alcohol referrals)[12];
    2. alcohol attributable hospital admissions (2,065 admissions per 100,000 admissions in 2010)[13].
  4. Reduce alcohol-related crime and disorder. Demonstrated through:
    1. drink-driving incidents (185 drink-driving offences in 2012)[14];
    2. public order offences and assaults in NTE (607 and 320 respectively in 2012)[15];
    3. incidents of domestic violence related to alcohol (1,048 domestic violence incidents reported to the Police in 2012; 545 alcohol-related; 557 with children present)[16].
  5. Reduce economic loss in the workplace due to alcohol misuse. Demonstrated through:
  1. number of Social Security benefits claims that are related to alcohol (2011: number of payments – 206; sum of value – c. £861,000; days paid – 50,805[17];
  2. access to alcohol treatment services year on year.

Additional  measures  related  to  the  management  of  the  new  licensing  system (Section 2.3) will also be developed at the point at which the system is in place. These may include –

  1. Improved control on operation of licensed premises. Demonstrated through:
  1. numbers of licensing offences;
  2. proportion of licensed premise visits where further action necessary;
  3. numbers of licences reviewed by Licensing Assembly as a result of intervention by statutory consultees.
  1. Our actions

Jersey is not the only jurisdiction trying to manage the effects of hazardous alcohol consumption on its community and trying to develop the right strategic approach.

The  World  Health  Organisation  (WHO)  sponsored  research  report  Alcohol –  No Ordinary  Commodity23  identified  10  key  interventions  in  relation  to  alcohol

management, which include –

  1. minimum legal purchasing age;
  2. government monopoly of retail sales;
  3. restrictions on hours or days of sale;
  4. outlet density restrictions;
  5. alcohol taxes;
  6. sobriety check-points (drunken driving);
  7. lowered BAC limits (blood alcohol concentration, drunken driving);
  8. administrative licence suspension following drink-driving charges;
  9. graduated limits for drinking and driving for novice drivers;
  10. brief interventions for hazardous drinkers.

Further research has shown that, whilst all these interventions are effective, there are distinct variations in that effectiveness; some interventions have a positive impact, but only affect a small number of people and are expensive to deliver (for example: interventions for hazardous drinkers); whilst others reach a large number of people and are low-cost, but their impact can also be relatively low in the shorter term (for example education programmes).

No one intervention is sufficient. Different or multiple interventions may be required for  different  groups  of  people.  This  Strategy  therefore  sets  out  a  number  of interventions or actions which are designed to work together to help us tackle the challenges  that  alcohol  brings,  without  negatively  impacting  on  those  who  drink sensibly or on the licensed trade. This includes a focus on education through –

  • development of clear, consistent messages that support people to understand the effects of alcohol and help them make informed choices about drinking;
  • promotion of these messages at point of sale;

23 Alcohol – No Ordinary Commoditylooked at the impact of alcohol policy measures taken in the USA, New Zealand, UK, Canada, Australia, Finland, Switzerland, Sweden and Norway

  • review  of  Personal  Social  Health  Education  (PHSE)  curriculum  in  Jersey schools  to  ensure  children  are  provided  with  sufficient  information  about alcohol;
  • reviewing  options  for  investing  in  targeted,  preventative,  family-based interventions which support parents to discuss alcohol with their children.

The actions to be delivered as part of the Alcohol and Licensing Strategy, based around the 5 key objectives[18], include –

Objective 1: To help reduce alcohol-related crime and disorder. Objective 2: To better secure public safety.

Objective 3: To help prevent public nuisance.

Action 1: Review drink-driving limits

The maximum legal level of alcohol in the blood when driving is 80 mg. per 100 ml. In most other European countries, the limit is less: usually 50 mg. per 100 ml. of blood.  Furthermore,  evidence  from  those  countries  suggests  that  a  reduction  in permitted levels has led to reduction in alcohol-related accidents from 8%–10%[19].

In Jersey, around 200 people a year are charged with being drunk in charge of a vehicle. Approximately 52% of those charged were over double the permitted limit. Between 10%–30% of these offences were found following a road traffic accident[20].

The Alcohol and Licensing Policy Group will undertake a review of drink-drive limits, assessing the potential effectiveness of a reduction in limits against the effectiveness of  drink-drive  campaigns  and  ongoing  Police  road-checks.  Work  will  also  be undertaken to develop a scheme, linked to drink-drive convictions, to identify and help problem drinkers.

Depending on the findings of the review, the Alcohol and Licensing Policy Group may bring forward proposals for a reduction of limits in law.

Action 2: Fire safety

Ensure  the  new  Licensing  Law  provides  increased  powers  to  the  Fire  Service, including invoking reviews by the Licensing Assembly where a licensed premises does not meet appropriate fire safety standards.

Action 3: Domestic abuse

Work in partnership with the Jersey Domestic Violence Forum and the Safeguarding Partnership  Boards,  to  review  and  develop  our  understanding  of  the  relationship between alcohol and domestic abuse in Jersey, and to implement measures to mitigate it.

Action 4: Powers of closures

Ensure the new Licensing Law provides the Police with the power to close individual licensed premises, or in extreme circumstances, close "areas" of licensed premises if the event requires it, in order for them to secure public safety and prevent crime or disorder.

Action 5: Provision of trained staff in licensed premises

Ensure that the new Licensing Law allows for the introduction of conditions relating to staff training (door staff; personal licence-holders; other staff). Such training can play a role in minimising the potential for drunkenness which results in crime and public disorder.

Action 6: Review use of other measures that potentially help secure safety and reduce disorder

Working  in  partnership  with  States  and  non-States  agencies,  review  additional measures  to  secure  safety  and  reduce  disorder;  including,  but  not  limited  to: management and use of public transport; use of safety glass/plastic; improvements to and role of built environment in reducing harm.

Action 7: Review extended opening hours (including for non-alcoholic drinks and food service)

Explore  options  relating  to  the  possible  introduction  of  extended  opening  hours, including to allow for non-alcoholic drinks and food service. Review evidence related to associated public safety.

Objective 4: To better protect and improve public health Action 8: Promote clear messages about sensible drinking limits

Promoting personal responsibility for sensible drinking is an important component of any approach to reduce alcohol consumption. Given, however, that 18% of men and 10% of woman report drinking above recommended levels at least once a week, we know that this measure is not working on its own.

Clear consistent messages need to be communicated carefully so that particular target groups are able to understand and act on information and guidance. Research evidence shows however, that public information will not work on its own and must be part of a wider package of measures.

Investment is needed in marketing campaigns targeting at-risk groups, which give clear messages about sensible drinking limits and where to get help. Message to be based on behaviour and not on units alone (for example: if you drink one evening, try not drinking for the next two evenings).

Action 9: Promote safer drinking messages at point of sale

Ensure the new Licensing Law makes provision for licensees to provide clear information about sensible drinking limits on their premises.

Action 10: Establish high-quality early interventions

People in contact with health and social care services whose health is at risk from high levels of alcohol consumption should be routinely offered advice and guidance to reduce alcohol consumption. These services need to be planned, comprehensive and form an integrated part of wider treatment services. This will ensure that people will get the right help at the right time in the right place.

Investment in treatment and support services for people who drink too much, or are at risk, has already been identified as a priority in the Health and Social Services White Paper (2012). An alcohol "pathway" is being developed, drawing on recommendations made by the National Institute of Clinical Excellence and the World Health Organisation. It will support an increase in our Island's capacity to deliver effective and efficient interventions for alcohol, both in the community and in specialist health settings.

Action 11: Review additional measures that support a whole population approach to reducing alcohol harm

Review evidence relating to inter-relationship and causal links between consumption of alcohol and other social factors, including low income and poor housing. Consider development of specific initiatives that help break the cycle.

Action 12: Review of pricing

There is research evidence that shows that the amount of alcohol drunk by the population as a whole[21], as opposed to by particular groups in the population, is driven in part by price, availability and promotion. Or, to put it simply, the more outlets there are selling cheap alcohol, the more a population is likely to drink, overall.

There is  also  research  that  suggests  that  young  people  and  problem  drinkers  are particularly price-sensitive and their consumption of alcohol is affected by how much it costs[22]. Research also shows that when alcohol is cheaper, more is consumed and more harm results; when alcohol becomes more difficult to access, less is consumed and less harm results[23].

It is on the basis of such evidence that other jurisdictions are grappling with price control mechanisms; their effectiveness; their impact on target groups as opposed to

the whole population; their fairness to consumers and business; their legality and their impact on smuggling and illegal in-country alcohol production.

The Alcohol and Licensing Policy will conduct a review of the following pricing mechanisms in Jersey, testing their applicability and the role that they could play in helping reduce the high levels of alcohol consumed in Jersey. The review will look at the evidence of the role that pricing mechanisms can play in reducing the harmful effects of alcohol by reducing consumption of alcohol, without disproportionately hurting those who drink responsibly.

This pricing review will include –

  1. Equalisation of Impôt duty

In Jersey, duty30 is calculated according to the type of alcoholic drink and, to some extent, its alcoholic strength. At present, the duty on spirits is much higher than other alcoholic drinks, but there are examples where the duty is higher  for  lower-strength  alcoholic  drinks  than  higher-strength  alcoholic drinks – an anomaly which has arisen over time.

Equalisation of duties would mean strengthening the link between duty and alcoholic content, as well as increasing the duty levels over time so that eventually the duty on a unit of alcohol is the same whether it is in beer, cider, wine or spirits.

Equalisation  of  Impôt  duty,  like  minimum  pricing  (12.3  below),  would potentially  reduce  total  alcohol  consumption.  Negative  unintended consequences could, however, also arise, such as a perverse incentive to drink spirits in preference to low-alcohol drinks.

The  Alcohol  and  Licensing  Policy  Group  will  undertake  a  review  of equalisation of Impôt duty.

  1. Control of drinks promotions or pricing incentives

Currently there is a moratorium on drinks promotions in licensed premises, although  not  in  off-licence  premises.  This,  in  part,  is  because  many  off- licences  are  general  retailers,  and  the  imposition  of  controls  on  price promotion for alcohol could potentially have unintended consequences on other store-wide discounts and food promotions.

That said, the Alcohol and Licensing Policy Group will undertake a review of pricing incentives in off-licences and the affect they have on consumption of alcohol,  including  consideration  of  the  advice  issued  by  a  former H.M. Solicitor General regarding drinks pricing in licensed establishments and the impact of this advice on the licensed trade.

This work is to be undertaken in light of national survey data that shows a change in drinking patterns, with increased drinking at home and away from

30 Impôts is French for tax or duty. By virtue of the Customs and Excise (Jersey) Law 1999,

duty means any duty imposed by this Law on goods imported into, exported from or grown , produced or manufactured in the Bailiwick and includes both customs and excise duty.

drinking in licensed premises. (Whilst there is no local survey data about the extent of this trend in Jersey, anecdotal evidence suggests that it is also the case here. In particular, concerns have been raised about young adults buying alcohol from off-licences to "pre-load" before they go out for the evening.)

It is also known that, since 2000, alcohol sold in off-licences has become more affordable, whereas on-licence alcohol has become less affordable over the same period. In addition, there are higher numbers of licensed premises in Jersey when compared to England – 2.2 times more off-licences and 2.1 times more on-licences in Jersey than England[24], based on population – making alcohol more readily available for purchase.

  1. Minimum pricing review

Minimum price is a mechanism that can be used by governments to set the price of alcohol at a level that would potentially deter over-consumption. Under  a  minimum  pricing  scheme,  retailers  would  be  legally  required  to ensure  the  amount  they  charge  for  the  alcoholic  drink  is  set  above  the minimum price. The stronger the alcohol content of drink, the more units that are in it, the higher the minimum price for that drink.

Some industry stakeholders have expressed concern that a minimum price would unequally and unfairly affect sensible drinking. However, the latest research has suggested that consumption amongst low-income and higher- income moderate drinkers respectively would fall by just 3.5 and 1.0 units per year. This compares with 297.0 units for low-income harmful drinkers and 85.2 units for higher-income harmful drinkers.[25]

The Scott ish Government has made a commitment to introduce a minimum price per unit of alcohol; however, the introduction of the scheme is held up in the European Courts. In the meantime, the Government in England and Wales has stalled a decision on minimum pricing.

The Alcohol and Licensing Policy Group's review of minimum pricing would not commence until after the legal position on introducing it is made clear through the European courts.

Objective 5: To help protect children from alcohol-related harm

Drinking at an early age can cause serious health problems, both in the short and long term.  The  healthiest  option  is  for  children  to  have  an  alcohol-free  childhood.  In general, children are emotionally less able to cope with the effects of drinking alcohol, and their level of maturity means they are more likely to engage in risky behaviour as a result of drinking. For example, a recent audit by Brook (Jersey) found that over half of young girls requesting emergency contraception reported drinking alcohol prior to sexual activity.

Recent local surveys show that 36% of 14–15 year-olds in Jersey drink alcohol. Of these,  a  quarter  report  drinking  more  than  they  intended  at  least  once  a  month. Approximately 3% of 12–15 year-olds report drinking over sensible limits for adults33.

This picture of children's behaviour is a sign that we need to do more to make children aware of the damage that alcohol can cause.

Action 13: Invest in education

Revise  the  Personal  Social  Health  Education  (PHSE)  curriculum  in  schools  and develop  a  range  of  enhanced  educational  materials  aimed  at  children  and  young people.

Action 14: Potentially limit children's exposure to alcohol advertising

Research has shown that exposure to alcohol advertising is commonly associated with the onset of drinking among young people and increased consumption among those who already drink. Tightening regulation on advertising has been recommended by the National Institute of Clinical Excellence as part of a preventative approach.

The Alcohol and Licensing Policy Group will monitor emerging research with a view to  implementing  tighten  controls  on  advertising  alcohol  if  deemed  effective, appropriate and practicable.

Action 15: Supporting families

Review  options  for  investing  in  targeted,  preventative  family-based  interventions which support parents to discuss alcohol with their children.

Action 16: Proof-of-age scheme

Review effectiveness of existing proof-of-age scheme with potential for increased promotion.

33 Health Profile for Jersey 2010

SECTION 2: A new Licensing Law

  1. Background

In  2009  a  Licensing  Law  consultation  was  undertaken.  It  looked  at  high-level licensing  policy,  including  issues  related  to  public  health  and  public  order.  That consultation, and the responses received, has informed this joint Strategy, and in particular, our proposed approach to the development of a new Licensing Law for Jersey.

This document sets out our proposed approach to the introduction of that new Law, and provides an overview of what that Law will do and why. It does not provide a detailed background about our response to all the issues and suggestions raised during the 2009 consultation; details of these can be found in the Licensing Law policy paper which is available from www.gov.je/consult.

  1. Proposed approach

It is proposed that a new Licensing Law is introduced in two different phases:

Phase 1: A Framework Licensing Law will be brought before the States for debate during summer 2014. That Law will provide for –

  • 5 licensing objectives
  • amended licensing categories
  • the introduction of personal licences
  • conditions of licences
  • licence renewal period
  • the roles and responsibilities of statutory consultees
  • the responsibility of the Alcohol and Licensing Policy Group who will provide direction, in the form of an annual report, to the Licensing Assembly
  • appeals process for the Licensing Assembly.

Phase 2:  Once  the  Framework  Licensing  Law  has  been  adopted,  subordinate legislation will be brought before the States for debate. This subordinate legislation will –

  • establish restrictions associated with each of the amended licensing categories (e.g. operating hours)
  • set out transitional arrangements from the old categories to the new categories
  • set out a fee structure
  • establish transitional arrangement from the old to the new licensing scheme.

The Council of Ministers are very aware that the development of the Licensing Law has been subject to significant delay. This two-phased approach will minimise any further delays by enabling a Framework Law to be debated by the current Assembly. At the same time it will ensure that the licensing trade, and other interested parties, have more time to consider and comment on the operating details, and associated restrictions, of each of the licensing categories.

  1. What the Law will do
  1. Licensing objectives

The  Framework  Law  will  establish  5  licensing  objectives.  These  reflect  the 5 objectives as set out in the Alcohol and Licensing Strategy (Section 1.1).

  1. to help reduce alcohol-related crime and disorder
  2. to better secure public safety
  3. to help prevent public nuisance
  4. to better protect and improve public health
  5. to help protect children from alcohol-related harm.

These objectives34 define what we are seeking to achieve from the new Law and also set out the factors for consideration when licences are being issued and reviewed.

  1. Alcohol and Licensing Policy Group

Management of the licensed trade in accordance with the States of Jersey Alcohol and Licensing Strategy is not a matter that concerns one Minister alone; it cuts across many departmental responsibilities, including the Chief Minister, the Minister for Economic Development, the Minister for Home Affairs and the Minister for Health and Social Services.

The Law will therefore place a requirement on the lead Minister under the Licensing Law to –

  • issue,  on  an  annual  basis,  policy  guidance  to  the  Licensing  Assembly  to support the Assembly in its determination of licences. The purpose of this guidance is to ensure that the overall treatment of liquor licences could be seen to be transparent, fair, consistent, reasonable and in accordance with strategic objectives; and
  • in the development of that guidance to consult with, and have regard to, the advice of the Alcohol and Licensing Policy Group. Where the lead Minister chooses to depart from the advice of the Group, the Minister will be required to set out the reasons for so doing in the Annual Report.

(see Appendix 1: details of the Alcohol and Licensing Policy Group)

  1. The Licensing Assembly and appeals

Under the new Law, the Licensing Assembly will maintain its current function in relation to the consideration and determination of licences. Respondents to the 2009 consultation indicated that in general terms the Assembly system worked well, albeit there was some concern about the effective management of appeals.

34 The licensing objectives are same as those in Scott ish Law. Evaluation undertaken in

Scotland suggests that the introduction of these objectives has supported increased awareness of licensing issues which, in turn, has helped increase licensing standards.

The Licensing Assembly is constituted from the Jurats and headed by the Bailiff . This is, in effect, the highest court in our jurisdiction, with licensing applications being sent straight to the top' on first consideration. This creates difficulties where there is an appeal against the decision of the Assembly, as appeals would normally flow to a higher authority, but in Jersey there is no higher authority.

To resolve this issue, under the new Law, the Licensing Assembly will sit as the Inferior Number, i.e. with only a presiding judge and two Jurats. The route of appeal can therefore be to the Royal Court, which would sit as the Superior Number (i.e. at least 5 Jurats).

  1. Statutory consultees and powers

When considering matters relating to any licence, the Licensing Assembly requires access to expert opinion about that licence and the extent to which it conforms to the 5 licensing  objectives  set  out  above  (Section 2.3(a)).  This  applies  whether  the Assembly  are  considering  a  new  licence  application  or  considering  whether  an existing licence should be revoked or subject to more conditions.

Under the current Licensing Law, certain powers are provided to a range of statutory consultees,  but  the  new  Law  will  widen  the  scope  of  consultation  and  provide additional powers to some consultees.

  1. Fire and Rescue Service

Under the current Law it is a requirement for all licence applicants to provide plans of the premises so they may be reviewed by the Fire Service, and it is also a requirement for the Fire Service to inspect those premises. The existing Law does not, however, provide the Fire Service with any mechanism for requiring  licensed  premises  to  be  kept  up-to-date  with  the  latest  fire prevention standards.

The new Law will, therefore, make provisions for the Fire Service to invoke a review  by  the  Licensing  Assembly  of  any  licensed  premises  which  they reasonably believe may present a health and safety risk to the public. The Service will be able to propose safety improvement to the licensee. If those improvements are not made within the given timeframe, the matter will be referred to the Licensing Assembly.

The powers to inspect and make recommendations will relate, not just to the area of the building licensed for the purpose of selling and consuming alcohol, but also to all areas of the building under which the licence is held.

  1. Police Service

Under the current Law, the States Police have minimal involvement in licence applications. There is no statutory requirement to inform the Police of those applications and the Police do not have the automatic right to be heard by the Licensing Assembly (although a non-statutory agreement has been agreed between the Judicial Greffe and the Police).

The new Law will provide the Police with the right to be notified of a licence application and the right to be involved in its consideration and determination. In addition, the Law will provide the Police with new powers in relation to:

Powers of closure:

The new Law will provide the Police with the powers to issue a "closure order" on a licensed establishment, without initial referral to the Licensing Assembly. The closure can be for up to 24 hours. All closures will be subject to appropriate scrutiny, and only the rank of Police Inspector or above will be empowered to authorise such closures.

The Police will also be provided with the power to apply to the Licensing Assembly (headed by the Bailiff ), for an order to close an area or group of licensed  premises.  This  measure,  which  would  only  be  used  in  the  most extreme of cases, would be initiated by the Heads of Uniform policing in Jersey and would require support from the Minister for Home Affairs.

Where a closure order is issued, either on a premise or an area, a review of the licence/s by the Licensing Assembly would automatically be triggered.

  1. Public Health

Under the current Law, the Public Health Team, which forms part of the Health and Social Services Department, has a right to be informed of all licence applications and a right to object to a licence on the grounds of public health issues.

There will be no changes or extension to these rights under the new Law. The Minister for Health and Social Services will, however, be a member of the Alcohol and Licensing Policy Group and will provide input into the Group, particularly in relation to Licensing Objective 4 – Protecting and improving public health; and Licensing Objective 5 – Protecting children from harm.

Summary of statutory consultee powers under the new Licensing Law

• Fire service: mandatory requirement to be informed and statutory right to object + right to invoke a review of the licence by the Licensing Assembly.

• Police: mandatory requirement to be informed and statutory right to object + powers of entry + 24 hour closure powers to premise and area + right to invoke a review of the licence by the Licensing Assembly.

• Public health: mandatory requirement to inform + statutory right to object + right to invoke a review of the licence by the Licensing Assembly.

• Parish Assembly: existing statutory right for any member of the Parish Assembly or  individual  on  the  electoral  register  in  that  Parish  to  object  to  a  licence application.

  1. Licence application process and fees

The licence application fees and process will remain broadly the same under the new Law, subject to the following –

  1. Operating schedules

The  new  Law  will  require  all  licence  applicants  to  submit  an  operation schedule, setting out what the business will do, and how it will do it. This schedule  will  not  have  to  contain  detailed  commercially  confidential information but it will have to set out how the business operates in accordance with the five licensing objectives.

These operating schedules will need to be underpinned by reports from the Police, Fire Service and Public Health assessing the impact of the proposed licence in accordance with the information set out in that schedule. The Police report will address public order concerns; the Fire Service report, fire safety concerns, and the Public Health report, public health issues.

The applicant will be responsible for obtaining these reports, for which the Fire, Police and Public Health services will levy a charge. That charge will be equal to the cost of producing the report and the resource expended on the work.

Guidance on the development of operation schedules will be provided.

  1. Fees

The  fee  schedule  for  applications,  against  the  new  premises  categories (Section 2.3(f)) has yet to be finalised. It is intended that –

  • fees  will  be  structured  to  include  a  standard  fee  for  each licence category plus an element based on the capacity of the premise. This is to ensure the small businesses are not paying a disproportionate amount compared to large businesses;
  • fees, subject to finalisations of the capacity element, will be broadly based on the current fee levels adjusted to account for inflation uplift which ceased in 2007.

The new Law will include other fee elements in addition to the premises licence. These include –

  • the Police and Fire Service reports that underpin the operating schedule (as set out above);
  • the  personal  licence  fee  and  associated  personal  licence- holder training (see Section 2.3(f)(iii) and 2.3(g)(ii)).

Transitional arrangements

The new Law will help improve the operation and accountability of the licensed sector in Jersey, but in doing so it will impose an increased compliance burden on industry.

In order to help manage this, there will be a transition period after the introduction of the  subordinate  legislation  in  Phase 2,  during  which  time  existing  licences  can continue to operate according to the conditions on which they were granted. It is envisaged that this transition period will be approximately one year, given that under the current Law all licences must be renewed every year.

All the transitional arrangements for existing licences have yet to be confirmed, but it is envisaged that –

  • a  business  holding  an  existing  licence  can  apply  for  a  licence  under  the amended scheme on the date at which their existing licence was due for renewal;
  • some businesses will be subject to additional conditions when they transfer to a  licence  under  the  amended  categories.  For  example:  requirement  for  a personal licence in addition to a premise licence (Section 2.3(f)(iii)); potential requirement  to  provide  accredited  door  staff  (Section 2.3(g)(i) and (ii)); requirement  to  promote  safer  drinking  messages  (Section 2.3(g)(vi)); requirement for improved fire safety standards (Section 2.3(d)(i)). Where this is  the  case,  the  transition  period  will  apply,  or  a  business  can  apply  for temporary licence (Section 2.3(f)(v)), enabling them to continue to operate whilst they make the required changes;
  • where  an  existing  licence  is  already  subject  to  specific  conditions,  these conditions will be reviewed by the Licensing Assembly, who will determine whether or not they should be reflected in the new licence.

The details of the transitional arrangements will be provided in full in Phase 2.

  1. Licensing systems
  1. Proposed on- and off-licences

In Phase 1 the Framework Law will provide for the introduction of a system of amended licence categories to replace the existing 9 categories. The detail of those categories (e.g. hours) will be brought in by subordinate legislation in Phase 2.

The aim is to introduce a more streamlined licensing system, preferably with fewer  licence  categories  than  the  existing  nine,  which  will  be  easier  to manage,  will  be  less  confusing  and  will  enable  the  introduction  of  a rationalised fee structure in Phase 2.

Categories A–G below are the proposed amended categories to be introduced in Phase 1, subject to further development and consultation, with the detail of those categories to be developed in Phase 2.

Category A licences (replace Taverner's licences)

These licences would be suitable for operators whose primary business is the sale of intoxicating drinks, and would allow any member of the public over 18 to purchase alcohol from a bar. It is proposed that these businesses would cease  to  serve  alcohol  at  11.00 p.m. –  although  this  will  be  subject  to consultation on the details of subordinate legislation in Phase 2 – and that the current provisions for drinking-up time would be retained.

The  more  limited  opening  hours  reflect  the  historic  position  of  these establishments and the reluctance of society in general to allow all of them to open into the night, with a view that drinking hours should be regulated in the general interest of public health and public order.

The  difference  between  the  existing  Taverner's  licences  and  Category A would  primarily  be  the  enhanced  compliance  requirements  in  relation  to operating schedules and licence conditions.

Category B licences for hotels (replace Residential licences)

This licence would cater for hotels and would allow the sale of alcohol to residents and bona fide guests at any time (at the licence-holder's discretion).

Under the current regime, hotels fall into two distinct categories: Residential, which focuses on persons accommodated for reward (residents) and prohibits serving members of the general public; and Comprehensive, which allows both  (within  the  permitted  hours).  The  proposed  scheme  would  see  the elimination of the Comprehensive category, which currently does not allow for the delimitation of multiple operating models for the purpose of applying licence conditions.

Establishments  which  fall  into  this  category  will  be  designated  as  either permitted to operate a public bar, or not, depending on the suitability of the premises. The Licensing Assembly would be responsible for deciding which hotels will be entitled to operate a public bar with respect to new applications or requests to upgrade.

Category C licences (replace Restaurant licences)

This licence would authorise the sale of alcohol for consumption whilst taking a meal on the premises up until 1.00 a.m. where the primary purpose of the premises must be the business of a restaurant and alcohol must be served whilst seated at a table. However, restaurants would also be designated as permitted to operate a public bar until 11.00 p.m., or not, depending on the suitability of the premises. The Licensing Assembly would be responsible for deciding which restaurants will be entitled to operate a public bar with respect to new applications or requests to upgrade.

Category D licences (replace 5th category private members' club's licences)

This would be a direct replacement and there would be no significant changes to the licence conditions.

Category E licence would be a nightclub' category

This  would  be  a  dedicated  nightclub  licence.  It  would  be  subject  to  a restrictive regime, and contain the strictest provisions in respect of security, staffing, maintenance of order, suppression of noise and the behaviour of patrons.  It  would attract  the  most  consideration  from  the  Police  and  Fire Services, as these businesses create the greatest risk of public order or public safety issues.

It would comprise businesses which currently operate as nightclubs, as well as those which are currently open until 1.00 a.m. primarily to sell alcohol by virtue of their status as a place of entertainment. The Licensing Assembly would be responsible for designating the closing time on the licence, taking into consideration any policy set by the Alcohol and Licensing Policy Group. Current closing times are 1.00 a.m. or 2.00 a.m., but these will subject to review.

Category F licences would be for places of entertainment'

This would include those establishments which previously fell into category 7 as  cinemas,  theatres,  and  other  such places  of  entertainment. The licence conditions would probably remain the same, with a 1.00 a.m. threshold for the sale of alcohol on weekdays and the usual closing time for all other days as per  the  existing  permitted  hours,  although  this  is  subject  to  review  as subordinate legislation is developed.

Category G (replaces 6th category off-licence premises)

It is not anticipated that there will be significant changes to the conditions for premises  operating  as  off-licences,  beyond  the  compliance  requirements associated with the operating scheduled and conditions of licence.

  1. Multiple licences

Under the new Law, a business would be able to hold multiple licences, as per the current arrangements; however, each licence will apply to a "zone" within the business. A business operating a restaurant and a hotel from one premise would therefore hold one licence for the restaurant "zone" and one for the hotel "zone". The conditions of each licence would apply within the relevant "zone", thus simplifying compliance and allowing for the per-person element of each licence to be chargeable only in the "zone", as opposed to across the entire premises as is currently the case.

The boundaries of each "zone" would be provided to the Licensing Assembly as part of the licence application process. It is recognised that in some cases, the dividing line between "zones" could prove rather arbitrary: for example, the point at which a restaurant bar area ends – so the Law will allow the Licensing Assembly to allow a business to run a public bar as part of their other operations where the Assembly deems this is acceptable.

Other licensing models

In response to the 2009 consultation, consideration was given to a number of different licence category models prior to the development of the amended categories above. The full details are set out in the Licensing Law policy paper (www.gov.je/consult), but in summary include –

  • Single Licence: The UK model is a single licence with conditions imposed on each individual licence by the licensing authority. It provides flexibility with licences tailored to business and community needs, but is extremely resource- intensive, requiring costly input from the licensing authorities. The Single Licence model would outstrip the capacity and resources of our Licensing Assembly.
  • Reduced number of licences: consideration was given to merging the existing 9 categories into less than the proposed 7 set out above; this would result however in either a restrictive effect (changing the licences held by existing businesses in a way which would limit or restrict their current activity) or a permissive effect (changing the licences held by existing businesses in a way which  would  liberalise  their  current  activity).  From  a  policy  perspective neither was acceptable.
  • Removal  of  multiple  licences:  consideration  was  given  to the  removal  of multiple licences; however, as per a further reduction in licence categories, this would result in either a restrictive or permissive effect.
  1. Personal licences and premises licences

The Framework Law will introduce personal licences. Under this system the premises  selling  alcohol  and  the  persons  managing  the  premises  will  be licensed separately. Both types of licence must be in place for alcohol to be sold,  although  the  personal  licence-holder  need  not  be  on  the  premises, providing they take all reasonable precautions to ensure the premises operate within the law (guidance would on what constitutes reasonable precautions would be developed).

The personal licence will –

  • be granted to individuals; it will not be directly connected to any premises  and  is  therefore  portable,  enabling  the  licence-holder  to move jobs with no requirement for re-vetting;
  • only  be  granted  to  holders  who  have  undergone  a  relevant qualification/ accreditation scheme (Section 2.3(g)(ii));
  • be subject to scrutiny by all statutory consultees, and to approval by the Licensing Assembly;
  • be  recorded  on  a  central,  publicly  available  register,  helping  to promote transparency, and enabling the conduct of the licence-holder

to  be  monitored  separately  from  the  operation  of  the  premises  (a register  will  have  to  be  established  with  a  suitable  administrating body);

  • be  subject  to  periodic  review  (the  UK  personal  licences  run  for 10 years; consideration is to be given the term in Jersey);
  • enable the holder to manage special events (see Section 2.3(f)(iv)).

The introduction of personal licences does, however, represent a significant change  for  the  current  Law,  and  businesses  will  incur  additional  costs (personal  licence  application  fee  and  costs  of  associated accreditation/qualification).

  1. Licensing for Special Events

Currently only holders of on-licences may apply to the Bailiff for a special permit' which permits them to sell alcohol at special events (fêtes, sporting occasions, etc.). This special permit must also be presented to the relevant Connétable before alcohol can be sold.

An event organiser who does not hold an on-licence needs to rely on an existing licence-holder to apply for the special permit. This arrangement is less than satisfactory because –

  • the licence-holder may have little or no control over alcohol sales for which they are responsible;
  • there is no requirement for the licensee to be present at such an event;
  • it makes no distinction between sizes and types of event.

The introduction of a personal licence (Section 2.3(f)(iii)) will allow personal licence-holders to "license" the special event premises to sell alcohol without extending an on-licence. Individuals who are not in possession of an on- licence could apply for a personal licence and, therefore, not have to rely on the goodwill of an on-licence-holder for the sale of alcohol at the event. This would be subject to the following requirements –

  • the  personal  licence-holder  would  need  to  be  on-site  at  all  times during  the  special  event  (similar  to  the  designated  premises supervisor' under the UKLA), thus encouraging accountability and ensuring an official is available if required;
  • the personal licence-holder would still have to apply to the Bailiff in order to gain permission to host an event, and the Connétable of the parish in which the event was to be held would need to be notified;
  • the personal licence-holder will, as part of the application, need to provide detailed information about the area or "zone" to be licensed. This  will  include  places  where  ancillary  activities  occur  (toilets, campsites, etc.) and which may be accessed by people carrying drinks.

On receipt of the special events application, the Bailiff will decide whether further scrutiny is required or whether the commissioning of Police, Fire and Public  Health  reports  are  necessary  (or  potentially  a  premises  licence application).

As noted in Section 2.3(g)(iii), extensions to licences, whereby only a later closing time is requested for an existing licensed premises, would continue to be administered by the Bailiff as it is in under the current legislation.

  1. Temporary licences

The Law will introduce a new temporary licence scheme. The scheme will allow an applicant who is not fully compliant in some areas – for example, fire safety requirements – to be issued with a temporary licence. The temporary licence would allow the applicant to operate whilst undertaking the necessary compliance work. That work would be reviewed at the next sitting of the Licensing Assembly and, if the Assembly were satisfied, a full licence would be issued. If not, the temporary licence would expire.

The  temporary  licence  could  be  extended  on  demand  if  the  Licensing Assembly considered that works had not been completed due to circumstances beyond the applicant's control.

  1. Licence duration

Under the current Law, a licence is only issued for one year. Annual renewal is via an administrative process which simply requires the licence-holder to confirm that they wish to renew.

The one-year licence system is out of step with other jurisdictions; it places a cost and administrative burden on business and on the Licensing Assembly; and it lacks rigour in relation to review by statutory consultees.

Consideration was given to the introduction of a 5 year licence, which would allow for a more rigorous review of existing licences at the point of renewal, potentially including representations from the Police and Fire Service in the same manner as an initial application.

A  detailed  consideration  of  each  licence  every  5 years  would,  however, unduly increase the workload of the Licensing Assembly. In addition, it would potentially discourage operators from investing in their premises if there was no guarantee that a licence, once granted, would allow trading for more than 5 years. This would not help enhance the quality, safety or management of licensed premises.

Under the new Law, therefore, licences will run indefinitely, but each licence will  include  provisions  allowing  for  reconsideration,  against  the  5 licence objectives (Section 2.3(a)), at the request of any statutory consultee.

  1. Licence number limitations

Research evidence from other jurisdictions shows a link between the density of licensed premises and the consumption of alcohol, thus raising the question of whether or not there should be limits placed on either the total number of licences issued, or the density of licences in any given area.

The  introduction  of  licence  limitations  does,  however,  bring  complex challenges –

  • Managing density of existing licences could well necessitate some licences  being  withdrawn  in  areas  experiencing  problems  with drunkenness; the question is who loses their licence if all businesses selling alcohol in that area are acting reasonably and legally?
  • Managing density of new licences, whilst easier to implement, could bring with it a range of unintended consequences, including –
  • undermining economic growth and regeneration, particularly in town;
  • creating an asset value for existing licences so that businesses that  would  previously  have  left the  market choose not to, which in turn could actually increase the number of licences, and therefore density, relative to what might otherwise have been the case;
  • the sale of alcohol would become a higher margin activity which, in turn, would create more incentive to increase supply within the rules of existing licences.

It is not, therefore, intended to introduce any system for licence limitation at this stage, but the Alcohol Policy Group will undertake a review of evidence in  this  area  and  issue  guidance  to  the  Licensing  Assembly  about  licence limitations if deemed appropriate.

(viii)  Summary of proposed licence system (subject to further development and consultation)

Phase 1: Framework Law

Phase 2: Subordinate legislation

Including confirmation of transitional arrangements

Premise licence

No time limit on duration of licence. Standard and specific conditions can be applied.

Note – this is a guide only and must be read alongside the more detailed information above.

Category

Purpose

Proposed hours for serving alcohol subject to review as part of development of subordinate legislation

Persons

over 18 who can be served alcohol

Persons under 18 on premises?

Other standard conditions

A

Pub licence

A

Until 11.00 p.m.

Any person

Until 9.00 p.m.

 

B

Hotel licence

B

At any time

Any resident or their guestD

At any time

 

C

Restaurant licence

C

Until 1.00 a.m.

Any person having a mealD

Until 1.00 a.m.

 

D

Private members' club licence

Until 1.00 a.m.

Members and guests only

If member or guest

 

E

Nightclub licence

Until 1.00 a.m. or

2.00 a.m.E

Any person

At no time while alcohol is served

Door staff accredit- ation; suppression of noise

F

Place of entertainment licence

Until 1.00 a.m.

Any person partaking in entertainment

Until 1.00 a.m.

 

G

Off-licence

Until 10.00 p.m.

Any person

No limitation

 

Personal licence

Standard conditions will be applied

 

Special events licence Standard and specific conditions can be applied

 

Temporary licence Time-limited whilst compliance work is undertaken

 

A Excludes drinking-up time.

B At licence-holder's discretion.

C In accompaniment to a meal and served whilst seated at tables; some restaurants will also be permitted

to run a public bar (until 11.00 p.m.) at the discretion of the Licensing Assembly.

D The Licensing Assembly would have the right to decide whether or not the particular premises was

suitable to run a public bar (until 11.00 p.m.) as part of its operation.

E The Licensing Assembly would be responsible for the designation of a 1.00 a.m. or 2.00 a.m. licence.

  1. Conditions of licences

In Phase 1 the Framework Law will allow for –

  • the  introduction  of  conditions  across  all  licences  issued  in  each  licence category (standard conditions);
  • conditions to be applied to an individual licence – as opposed to all licences in that  category –  if  the  Licensing  Assembly  deems  it  necessary  (specific conditions);
  • the modification of existing licences, which are being reconsidered due to public disorder or breach of an existing licence condition, to include new or modified specific conditions.

Those conditions, which could be applied as standard or specific conditions, include –

  1. Door staff accreditation

Door  staff  accreditation  and  registration  will  be  imposed  as  a  standard condition on Category E (nightclub) licences. It may also be imposed as a specific condition on any other licence, but particularly on a Special Events licence.

A  local  scheme  for  accreditation  already  exists  and  some  (but  not  all) licensees are already required by conditions upon their licence to employ such accredited staff.

Consideration  will  be  given  to  accreditation  standards,  including –  the potential extension of the existing local scheme; the inclusion of fire safety training;  connecting  local  accreditation  to  UK  accreditation  thus  allowing transferability;  and  the  number  of  accredited  door  staff  required  per establishment (potentially following the UK ratio of one accredited door staff to every 75 participants/customers).

  1. Qualifications and accreditation for licensees and staff

The Law will make provision for training, in the form of an industry standard accreditation scheme, to be a standard condition on all personal licences. This will be subject to a number of caveats, including –

  • the development of a Jersey relevant accreditation scheme;
  • the development of mechanisms for managing the effect on small off- licence  retailers,  who  could  be  disproportionally  burdened  by  the costs of any accreditation scheme.

The requirement of staff training could also be included as a specific condition to any premise licence.

  1. Opening hours

Potential changes to opening hours will be considered as part of the development of the subordinate legislation.

Under the new Law, the authority to extend licensing hours for special events will remain with the Bailiff , although the Alcohol and Licensing Policy Group may issue guidance.

  1. Noise and disturbance

Category E (nightclub) licences will include a standard condition relating to noise and disturbance. This may also be imposed as a specific condition on other individual licences depending on location, venue, use, etc.

When applying for a licence, the applicant will need to demonstrate the extent of soundproofing and other noise abatement measures in place.

Noise pollution will continue to be the responsibility of the Health and Social Services Department under existing legislation; however, complaints of noise may be dealt with by the Police as an infringement of conditions of licence.

  1. Age of sale

Age of sale will be a standard condition on all licences. Under the new Law, the minimum age for the purchase of alcohol will not change. It will remain at 18 years.

Consideration was given to increasing the minimum age for on-sales and off- sales of alcohol to the age of 21; however, given underage drinking is already prevalent in Jersey[26], it seems unlikely that increasing the age from 18 to 21 would create abstinence on the part of under-21s; indeed, it is more likely that there would simply be an increase in illicit purchasing.

Consideration was also given to increasing the minimum age for off-sales only to 21; the aim being to reduce the amount of alcohol reaching people under 18, as it is perceived to be less likely that over-21s, as opposed to over-18s, would act as older friends buying alcohol legally for illicit provision to under- 18s.

A lower age for on-sales (18 years) and higher age for off-sales (21 years) might encourage young people to drink in a controlled on-licence environment. This could arguably result in a more positive attitude to alcohol; however, a dual-age system would be complicated to operate and enforce, and would represent a significant change in the rights of young people.

  1. Promoting safer drinking messages

The Law will provide for the introduction of standard conditions requiring licensees to provide clear information about safe drinking limits. Guidance on promotional materials and display will be developed by the Alcohol and Licensing Policy Group.

APPENDIX 1

TERMS OF REFERENCE FOR THE ALCOHOL AND LICENSING POLICY GROUP

Introduction

The purpose of the Alcohol and Licensing Policy Group (ALP) is to oversee the development and implementation of a States of Jersey Alcohol and Licensing Strategy on behalf of the Council of Ministers.

The Ministers of the ALP will confer with and support each other to deliver the key strategic objectives of the Alcohol and Licensing Strategy, including –

  1. To help reduce alcohol-related crime and disorder.
  2. To better secure public safety.
  3. To help prevent public nuisance.
  4. To better protect and improve public health.
  5. To help protect children from alcohol-related harm.

Accountabilities

  1. Oversee the ongoing development and delivery of the States of Jersey Alcohol and Licensing Strategy.
  2. Evaluate the success of the States of Jersey Alcohol and Licensing Strategy against the measures set out in the Strategy.
  3. Bring  forward  to  the  Council  of  Ministers  recommendations  related  to  the delivery of specific elements of the Alcohol and Licensing Strategy.
  4. Provide advice to the lead Minister for the Licensing Law, in support of the report issued by that Minister on an annual basis to the Licensing Assembly. The purpose of the annual report isto provide direction to the Assembly on matters related to the issuing of all alcohol licences and associated conditions of those licences.
  5. Provide advice and support to other Ministers, the Council of Ministers, and the States Assembly, on policy matters relating to alcohol and licensing matters.

Whilst  the  Ministers  will  act  collaboratively  to  discharge  their  responsibilities  in relation  to  the  Alcohol  and  Licensing  Strategy,  each  Minister  retains  their  own statutory obligations as set out in Law.

Membership

  1. Chief Minister (Chairman)
  2. Minister for Economic Development
  3. Minister for Health and Social Services
  4. Minister for Home Affairs.

The Minister for Treasury and Resources, and other Ministers, will be invited as relevant to the development of the Strategy. Relevant departmental policy officers will provide advice and support as required.

Sub-groups

Sub-groups will be set up as required to advise on the development and delivery of specific parts of the Strategy. These sub-groups will include internal and external stakeholders plus industry representatives. This will include task-and-finish groups and long-term advisory groups as required.

Secretariat: Assistant Chief Minister's office. Meeting cycle: 3 times a year.

APPENDIX 2

PROPOSED TIMEFRAME FOR DEVELOPMENT OF STRATEGY AND LICENSING LAW

The  proposed  timeframe  is  subject  to  change,  dependent  on  feedback  from consultees –

Proposed Strategy made available for comment  8th January – 24th March Lodge Framework Licensing Law report and proposition  May

(pending finalising the Framework Law)

States debate on report and proposition  July

APPENDIX 3 SOURCES FOR INFORMATION FOR ILLUSTRATION ON PAGE 8

  1. Public Health Intelligence Unit.
  2. Alcohol Profile for Jersey, Summary of Alcohol Indicators, Public Health, Health Intelligence Unit, August 2013.
  3. It is difficult to estimate all the costs associated with alcohol, in part because experts have different opinions. The best estimates from international research suggest the costs to society of harmful levels of alcohol consumption are likely to be between 1.3% to 2% GDP; which for Jersey would equate to £45 million – £70 million per year (Anderson and Baumberg, 2006 and NHS 2009).
  4. States of Jersey Police Annual Report 2010.
  5. States of Jersey Social Security Department.
  6. States of Jersey Statistics Unit: Jersey in Figures 2011.
  7. States of Jersey Treasury Unit.

Recent News

Next week's Constituency Drop-Ins 13 December 2024
States Meeting Summary: 10-12 December 11 December 2024
New report highlights challenges in secondary education funding 9 December 2024

Quick links