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STATES MINUTES 2 1 st A ugust, 1990 P r ic e : # 1 .0 0
THE STATES assembled on Tuesday, 21st August, 1990 at 9.30 a.m. under
the Presidency of the Deputy Bailiff ,
V e rnon Amy Tomes, Esquire.
_ _ _ _________
His Excellency the Lieutenant Governor, Air Marshal Sir John Sutton, K.C.B.,
w a s p r esent.
_ _ _ _ _ _______
All Members were present with the exception of -
E nid Clare Quénault, Connétable of St. O uen - out of the Island.
C arlyle John Le Herissier Hinault,
D eputy of St. John - out of the
I sland.
H enry George Coutanche, Deputy of St. L awrence - ill.
T homas James Jordan, Deputy of St.
B relade - out of the Island.
_ _ _ _________
P r a y e rs
_ _ _ _ _ _______
H.M. Queen Elizabeth, The Queen Mother - 90th Birthday
The Deputy Bailiff informed the
House that the following message had been received from Her Majesty Queen Elizabeth, The Queen Mother, in response to the greetings sent on her 90th birthday -
I send my sincere thanks to your
E xcellency and to the Bailiff , the
M embers of the States of Jersey and
t he People of Jersey for your kind
m essage of good wishes on my birthday.
E l iz a b eth R.'' Subordinate legislation tabled
The following enactments were laid before the States, namely -
1 . Health Insurance
( Pharmaceutical Benefit) (General P rovisions) (Amendment No. 32) ( Jersey) Order 1990. R & O 8084.
2 . Road Traffic ( Grouville )
( J er sey) Order 1990. R & O 8085.
3 . Road Traffic (Saint
C l e ment) (Amendment No. 5)
( J er sey) Order 1990. R & O 8086.
4 . Road Traffic (Saint Helier)
( A m endment No. 10) (Jersey) Order 1 9 9 0. R & O 8087.
5 . Road Traffic (Saint Peter)
( A m endment No. 9) (Jersey) Order 1 9 9 0. R & O 8088.
6 . Road Traffic (Saint
S a v iour) (Amendment No. 7)
( J er sey) Order 1990. R & O 8089.
7 . Road Traffic (Public
P a r king Places) (Amendment No. 17) ( J er sey) Order 1990. R & O 8090.
8 . Battle of Flowers
( A m endment) (Jersey) Order 1990. R & O 8091.
9 . Royal Court (Amendment
N o . 5) Rules 1990. R & O 8092.
1 0. Social Security (Earnings
L i m it) (Jersey) Order 1990. R & O 8 0 9 3.
1 1. Consumer Protection (Safety
o f F urniture and Furnishings)
( A m endment) (Jersey) Order 1990. R & O 8094.
Contingencies vote of credit: Public Services Committee
THE STATES noted an Act of the
Finance and Economics Committee dated 6th August 1990, informing the House that it had made available to the Public Services Committee the sum of #97,000 from the contingencies vote of credit to carry out urgent repairs to the roof of Beresford Market.
Regulation of Undertakings and Development: report for 1989. R.C.19
The Finance and Economics Committee
by Act dated 6th August 1990, presented to the States a report on the operation of the Regulation of Undertakings and Development (Jersey) Law 1973, as amended, for the year 1989.
THE STATES ordered that the said report be printed and distributed.
Matter noted - financial transaction
THE STATES noted an Act of the
Finance and Economics Committee dated 6th August 1990, showing that in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules 1967, as amended, the Committee had noted that the Public Health Committee had accepted the lowest of three tenders for Stage 2 of The Limes development, namely that submitted by Mark Amy Limited in the sum of #4,102,607 in a contract period of 125 weeks for the construction of 15 one-bedroomed units of sheltered housing accommodation, one two- bedroomed unit of accommodation for occupation by a qualified warden and a residential nursing home for 30 residents with associated communal facilities and landscaping.
Matters lodged
The following subjects were lodged au Greffe on 7th August 1990 -
1 . Draft Companies (Jersey)
L a w 199 . P.114/90.
P r e sented by the Finance and E c o nomics Committee.
2 . Draft Road Traffic (No. 37) ( J er sey) Regulations 199 .
P . 1 15/90.
P r esented by the Defence
C o m mittee.
3 . Draft Terms of Employment ( J er sey) Law 199 . P.116/90. P r e sented by the Industrial
R e l ations Committee.
4 . Policy and Resources
C o m mittee: future strategy
( P .1 07/90) - amendment. P.117/90. P r e sented by Deputy D.J. de la
H ay e of St. Helier.
The following subjects were lodged on 14th August 1990 -
1 . Draft Trusts (Amendment
N o . 2) (Jersey) Law 199 .
P . 1 18/90.
P r e sented by the Finance and E c o nomics Committee.
2 . Postal Headquarters.
P . 1 19/90.
P r e sented by the Committee for P o s tal Administration.
Draft Family Allowances (Amendment No. 4) (Jersey) Law 199 . P.96/90. Withdrawn
THE STATES noted that the President
of the Social Security Committee had withdrawn the draft Family Allowances (Amendment No. 4) (Jersey) Law 199 (lodged on 17th July 1990) as a revised draft would
be lodged at a later date.
Draft Road Traffic (No. 37) (Jersey) Regulations 199 . P.115/90
THE STATES acceded to the request of
the President of the Defence Committee that the draft Road Traffic (No. 37) (Jersey) Regulation 199 (lodged on 7th August 1990) be considered at the present Sitting.
Ceramic lined chimneys. P.113/90
THE STATES acceded to the request of Senator John Stephen Rothwell that the proposition regarding ceramic lined chimneys be considered as the first item of Public Business at the present Sitting.
Communications consultants. Statement
The President of the Policy and
Resources Committee made a statement in the following terms -
As members will be aware, each year
t here are many articles and
s upplements about Jersey that appear
i n influential newspapers and
m agazines published in the United
K ingdom and elsewhere. The Policy and R esources Committee believes it is
i mportant that those concerned should
b e better informed about the Island
f or, while there is much about the
I sland that we should feel justly
p roud, information about the Island is
o ften not conveyed to the outside
w orld in a balanced way.
T he Policy and Resources
C ommittee therefore has decided to
a ppoint a firm of communications
c onsultants to assist in securing the
b est possible media coverage for the I sland. After assessing a number of
c onsultancies and finally interviewing a short list of three, the Committee
h as selected the London based Watts G roup Plc. This firm has considerable e xperience in the field of corporate
p ublic relations, and indeed their
C hairman was President of the
I nstitute of Public Relations last
y ear and is author of many books on c ommunications.
T he Committee would hope to obtain the c o-operation of all Committees in
e nsuring that the consultants are well
b riefed on current issues. With this
i n mind one of the consultants' first
j obs will be to meet with the
P residents of Committees and other
r epresentatives of the Island
c ommunity to obtain a clear picture of t he message the Island would wish to c onvey to the outside world, both
g enerally and on specific issues.''
Draft Housing (General Provisions) (Amendment No. 9) (Jersey) Regulations 199 . P.103/90
THE STATES acceded to the request of Deputy Francis Hedley Morel of St. Saviour that consideration of the draft Housing (General Provisions) (Amendment No. 9) (Jersey) Regulations 199 (lodged on 31st July 1990) be deferred from the present Sitting to a later date.
St. Ouen's Bay sand extraction. P.112/90
THE STATES acceded to the request of Senator Richard Joseph Shenton that consideration of the proposition regarding sand extraction at St. Ouen's Bay (lodged on 31st July 1990) be deferred from the present Sitting to a later date.
Ceramic lined chimneys. P.113/90
THE STATES commenced consideration of a proposition of the Finance and Economics Committee regarding the replacement of certain ceramic lined chimneys.
THE STATES, having rejected an amendment of Deputy Shirley Margaret Baudains of St.
Helier that in paragraph 2 for the sub- paragraphs (a) and (b) there should be substituted the following sub-paragraphs -
(a) in the light of an agreement
a l re a d y concluded with Norman L i m i t ed that the company will
r e im b urse the States with the
s u m o f £250 per householder,
t o p a y a sum not exceeding
£1 , 5 0 0 to each such
h o u s e holder, except
h o u s e holders referred to in
s u b - p aragraph (b), this sum to
c o m p rise an amount of £500 and a n a m ount of £1,000 or the
c o s t w here the chimney is
r e p la c ed with a Selkirk
c e r am ic chimney, if the
r e p la c ement cost is less than
£1 , 0 0 0;
( b) to pay to any householder who has a l re ady received an ex gratia
p a y ment from Norman Limited, an a m o unt to be agreed by the Finance a n d Economics Committee with the h o u seholder concerned.'',
and, having accepted an amendment of Deputy Alan Payn Bree of Grouville that in
paragraph 2, sub-paragraph (b), for the
figures #1,500'' there should be
substituted the figures #2,000'' and for
the words five years'' there should be substituted the words ten years'',
adopted the proposition and -
1 . approved the granting out of
p u b lic monies of financial
a s s istance to those householders
w h o since 1981 have purchased
d e f ective ICL ceramic chimney
f lu e s supplied by Norman Limited
a n d who have removed such chimneys
o n or after 21st December, 1989;
2 . agreed -
( a ) in the light of an
a g r e em ent already concluded
w it h N orman Limited that the
c o m p any will reimburse the
S t a te s with the sum of #250
p e r h o useholder, to pay the
s u m o f #500 to each such
h o u s e holder who has not
a l re a d y received an ex gratia
p a y m ent from Norman Limited;
( b ) to make, on application, a
l o a n o f up to a maximum of
# 2 , 0 0 0 at a rate of four per
c e n t a year, repayable over
t e n y e ars, to any such
h o u s e holder who replaces the d e f e ct ive chimney with a
S e l k ir k ceramic chimney;
( c ) that applications
f ro m h ouseholders must be
r e c ei v ed by the Island
D ev e l opment Committee no later t h a n 1 st October 1990;
3 . agreed that the Finance and
E c o nomics Committee be empowered t o v ary the provisions of
p a r agraph 2 of this proposition in
a n y case where it is satisfied
t h at genuine hardship would arise;
4 . authorised the Finance and
E c o nomics Committee and the T r e asurer of the States to make t h e necessary monies available.
Members present voted on the amendment of Deputy Shirley Baudains as follows -
P o u r' ' (15)
Senators
S henton, Baal, Rothwell, Carter, S tein.
Connétable s
S t. Peter, St. Clement, St. Lawrence.
Deputies
N orman(C), Buesnel(H), Bailhache (H), R abet(H), Baudains(H), Grouville ,
C larke-Halifax(S).
C o n t re'' (34)
Senators
J eune, Binnington, Horsfall, Ellis, Le M ain, Brooke, Le Maistre.
Connétable s
S t. John, St. Helier , St. Mary, St. O uen, St. Saviour , Trinity , St.
M artin, Grouville .
Deputies
d e la Haye(H), Morel (S), Le
G allais(S), Roche(S), Trinity ,
V andervliet(L), R. Rumboll(H),
B eadle(B), Wavell(H), Blampied(H), B illot(S), St. Peter, St. Martin ,
B audains(C), C. Rumboll(H), Le
S ueur(H), St. Ouen , Huelin(B), St.
M ary.
Licensing (Jersey) Law 1974: review. P.60/90
THE STATES commenced consideration of a proposition of the Tourism Committee regarding the review of the Licensing (Jersey) Law 1974.
Paragraphs 1 to 7 were adopted.
Paragraph 8 was referred back to the Committee.
Paragraphs 9 to 12 were adopted.
Paragraph 13 - that provision should be made for a small number of Late Night Entertainment Licences;'' was rejected.
Members present voted as follows on paragraph 13 -
P o u r' ' (15)
Senators
E llis, Baal, Rothwell, Le Main, C arter, Stein.
Connétable
S t. Helier.
Deputies
V andervliet(L), Beadle(B), Norman(C), S t. Martin, Buesnel(H), C. Rumboll(H), B ailhache(H), Rabet(H).
C o n t re'' (27)
Senators
J eune, Horsfall, Brooke, Le Maistre.
Connétable s
S t. John, St. Peter , St. Clement, St. L awrence, St. Mary, St. Ouen, St. S aviour, Trinity , St. Martin.
Deputies
d e la Haye(H), Roche(S), Trinity ,
W avell(H), Blampied(H), Billot(S), St. P eter, Baudains(C), Le Sueur(H), St.
O uen, Huelin(B), Baudains(H),
G rouville, Clarke-Halifax(S).
Paragraphs 14 to 24 were adopted;
Members present voted on paragraph 19 as follows -
P o u r' ' (26)
Senators
S henton, Jeune , Horsfall, Baal,
R othwell, Le Main, Carter, Stein.
Connétable s
S t. Peter, St. Helier .
Deputies
M orel(S), Le Gallais(S),
V andervliet(L), R. Rumboll(H),
B lampied(H), Billot(S), Norman(C), St. P eter, St. Martin , C. Rumboll(H), Le
S ueur(H), St. Mary , Bailhache (H),
R abet(H), Baudains(H), Clarke-
H alifax(S).
C o n t re'' (18)
Senators
B rooke, Le Maistre.
Connétable s
S t. John, St. Clement, St. Lawrence, S t. Mary, St. Ouen, St. Saviour ,
T rinity, St. Martin.
Deputies
R oche(S), Trinity , Beadle(B),
B audains(C), Buesnel(H), St. Ouen, H uelin(B), Grouville .
Paragraph 25 was withdrawn as paragraph 13 (relating to the provision of a small
number of Late Night Entertainment Licences) had been rejected.
Paragraph 26 was adopted, the States having accepted an amendment of the Education Committee that in the fourth, fifth and
sixth lines of the paragraph, for all the words in parentheses, there should be substituted the following words (where
the Licensing Assembly is satisfied that adequate provision exists for the proper accommodation of such persons)'';
Members present voted as follows on paragraph 26 as amended -
P o u r' ' (23)
Senators
E llis, Baal, Rothwell, Le Main, C arter.
Connétable s
S t. Helier, St. Lawrence, St. Saviour.
Deputies
M orel(S), Le Gallais(S), R.
R umboll(H), Beadle(B), Billot(S),
N orman(C), St. Peter, St. Martin, C.
R umboll(H), Le Sueur(H), St. Ouen, St. M ary, Bailhache (H), Rabet(H), Clarke- H alifax(S).
C o n t re'' (20)
Senators
S henton, Jeune , Horsfall, Brooke, Le M aistre, Stein.
Connétable s
S t. Peter, St. Clement, St. Ouen, T rinity, St. Martin.
Deputies
R oche(S), Trinity , Vandervliet(L),
B lampied(H), Baudains(C), Buesnel(H), H uelin(B), Baudains(H), Grouville .
THE STATES, adopting paragraphs 1 to 7, 9 to 12, 14 to 24 and 26 as amended, agreed -
A IMS
1 . to support the principle that
t ig h ter controls should be
i n tr oduced, aimed at reducing a l co hol abuse and unsocial and d i so rderly behaviour in public p l ac es;
2 . to support the view of the Tourism C o m mittee that there should be no s ig n ificant increase in the number
o f T averner's Licences currently
o p e rating in the Island;
3 . to support the view of the Tourism
Committee that the Licensing Law should aim for an atmosphere of relaxation and good
order for civilised drinking. A DMINISTRATION
4 . that the States' Committee
r e sp onsible for administering the L i c ensing Law should continue to b e t he Tourism Committee;
5 . that the Liquor Licensing Assembly s h o uld comprise only three Jurats;
6 . that there should be a right of
a p p eal against the decisions of
t h e Licensing Assembly by
a p p licants for liquor licences,
a n d that the appeals should be
h e a rd by the Superior Number of t h e Royal Court;
7 . that the Licensing Assembly should h a v e discretion to attach or
m o dify conditions of licences
n o t withstanding any other
p r o visions of the Licensing Law,
a l lo wing flexibility to determine
t h e times or days of opening for
p a r ticular premises and other
c o n ditions;
9 . that, in order to ensure proper
c o n sideration of applications, an a p p licant for a licence should be p r e sent, or represented, at the
r e le vant Parish Assembly. Failure t o a ppear should cause the
a p p lication to fall;
1 0. that the Connétable s should
s a ti sfy themselves that the
b e n eficial owners of companies
o p e rating licensed premises are
f it a nd proper persons for the
p u r pose;
1 1. that employees and principals of t h e licensed trade should not be
p r o posers and seconders of licence a p p lications;
1 2. that only constructional
a l te rations affecting public rooms w h ere alcohol is sold or consumed
o r i ncreasing the occupancy of
h o t els and guest houses holding l iq u or licences should require the a p p roval of the Licensing
A ss embly;
C ATEGORIES OF LICENCE AND C ONDITIONS
14. that in the case of all licensed
p r e mises bona fide staff engaged
i n t heir employment after the
p r e mises are closed should be
p e r mitted to consume alcohol for a
m ax imum period of 30 minutes after c l os ing;
1 5. that, on premises holding Club L i c ences, alcohol should only be s e rv ed to club members and their b o n a fide guests, not other
m em bers of the public;
1 6. that sea transport companies s h o uld be permitted to serve
a l co hol, free of duty, provided t h e vessel has cleared the
p i er heads and has an ultimate d e s tination outside of the
B a i liwick and similarly for
i n b ound vessels;
P ERMITTED HOURS
1 7. that, in order to protect the
h o u rs of rest for residents and to e n s ure adequate policing, strict
c o n trols should continue to be
e x e rcised over the opening hours
o f l icensed premises;
1 8. that drinking up time should be
p e r mitted and that there should be
s o m e time lapse between permitted t im es for sale of alcohol,
c o n sumption of alcohol and closure
o f p remises;
1 9. that permitted hours for pubs
( T a verner's Licences), and public
b a r s operating under the aegis of
C o m prehensive and Entertainments L i c ences, should be altered to the
f o ll owing -
s a le a nd supply of alcohol u n t il 1 1 p.m.
c o n s u mption until 11.20 p.m. c l o su r e of premises 11.30 p.m.
2 0. that the permitted hours for the
s a le of alcohol to the public
p a r taking of meals on premises
h o l ding Comprehensive Licences,
o t h er than in public bars, should
b e -
s a le a nd consumption of
a l co h o l until 1 a.m.
c l o su r e of premises 1.30 a.m.
2 1. that Off Licence premises should b e p ermitted to open at 6 a.m. on
w ee kdays but should not sell
l iq u or until 8 a.m.;
2 2. that Off Licence premises should b e p ermitted to sell liquor
b e tw een 8 a.m. and 1 p.m. on
S u n days, subject to the
C o n nétables' Sunday Trading
P e r mits;
2 3. in the case of an Entertainments L i c ence relating to a theatre only ( n o t cinema), that the permitted
o p e ning hours should be extended
t o o ne hour after the end of the
f in a l performance or 1.30 a.m. the f o ll owing day, whichever is the
e a rl ier, with a 1 a.m. restriction
o n sales and a 1.20 a.m.
r e st riction on consumption;
2 4. that the hours for other premises h o l ding Entertainment Licences
s h o uld be -
r e st r ic tion on the sale of
a l co h o l 1 a.m.
r e st r ic tion on consumption of a l co h o l 1.20 a.m.
c l o su r e of premises 1.30 a.m.
2 6. that the minimum age for the
c o nsumption of intoxicating liquor
o n licensed premises should remain
1 8 years but that persons under
t h e age of 18 should be permitted
t o e nter some public bars (where
t h e Licensing Assembly is
s a ti sfied that adequate provision
e x is ts for the proper a c c ommodation of such persons) d u r ing the day, up until 6 p.m.,
p r o vided they are accompanied by a n a dult person (over the age of
1 8 years) specifically responsible f o r them and do not purchase or
c o n sume alcohol, except with a
m ea l as the Law allows at present.
Senator Bernard Thomas Binnington and Deputy David John de la Haye of St. Helier , having declared an interest in the matter, withdrew from the chamber prior to the debate.
Senator John William Ellis, having declared an interest in that part of the debate concerning Category 6 - Off Licences, withdrew from the chamber prior to the debate of that item.
Adjournment
THE STATES then adjourned, having agreed to defer further consideration of
the review of the Licensing (Jersey) Law 1974 and the other outstanding items of Public Business until Tuesday, 28th August 1990.
THE STATES rose at 6.20 p.m.
R .S . G R A Y D eputy Greffier of the States.