States Minutes 28th August 1990

STATES MINUTES 2 8 th August, 1990

 THE STATES assembled on Tuesday,   28th August, 1990 at 9.30 a.m. under

 t he Presidency of the Bailiff ,

S i r Peter Crill, C.B.E.

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All Members were present with the exception of -

S enator Bernard Thomas Binnington -

o ut of the Island.

 I ris Medora Le Feuvre, Connétable of

S t. Lawrence - out of the Island.

M argaret Sylvia Rose Beadle, Deputy of S t. Brelade - 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.

_ _ _ _ _ _______

P r a y e rs  

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Distinguished visitors - welcome

The Bailiff welcomed to the House

Mr. Miles Walker , Chief Minister of the House of Keys, Isle of Man and his wife.

Matters noted - land transactions

THE STATES noted Acts of the Finance

and Economics Committee dated 6th and 20th August 1990, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -

( a) as recommended by the Housing C o m mittee, with the support of the

I s la nd Development Committee, the p u r chase from Mr. David Le

B o u tillier, Mrs. Maureen Rondel,

n é e Le Boutillier, Mr. Donald

E d w ard Le Boutillier, Mr. Edward

J o h n Le Boutillier, Mr. Brian Le

B o u tillier and Mrs. Anna Cabot,

n é e Le Boutillier, of Fields 553

a n d 554, La Moye, St. Brelade ,

m  ea suring 4.635 vergées and 4.23

v e r gées respectively, for a

c o n sideration of #308,970, with

t h e Committee being responsible

fo r the payment of all legal fees,

p l u s a further #7,623 a plot in

e x c ess of 40 plots should the

H  o using Committee be successful in a c h ieving additional development;

 ( b) as recommended by the

H  o using Committee, with the

s u p port of the Island Development C o m mittee, the purchase from Mrs. A m elia Jane Wakeham, née

H  ac quoil, of the property

E a s tleigh, Plat Douet Road, St.

S a v iour for a consideration of

£ 2 3 0,000 with the Committee being

r e sp onsible for the payment of

a l l legal fees;

 ( c) as recommended by the

H  o using Committee, with the

s u p port of the Island Development C o m mittee, the purchase from

B r a ckenhall Investments Limited of 5 7 Great Union Road, St. Helier

f o r the sum of £228,000 with each

s id e being responsible for the

p a y ment of its own legal fees;

 ( d) as recommended by the

H  o using Committee, with the

s u p port of the Island Development C o m mittee, the purchase from Mrs. L o r raine Carole Baudains, née

G  u ise, of 6 Lempriere Street, St.

H el ier for the sum of £170,000,

w  it h each party being responsible

f o r the payment of all legal fees;

 ( e) as recommended by the Harbours a n d Airport Committee, the lease

t o K ufra Trading Limited of the

M  a rina Shop, New North Quay, St. H  el ier (Letting N18B) from 1st

J u n e 1990, to 31st May 1993, at an i n it ial rent of £8,000 a year to

b e i ncreased annually in line with t h e Jersey Cost of Living Index;

 ( f) as recommended by the Public

S e r vices Committee, the passing of a C  ontrat de Transaction with Mr. J a s on John Mucklow of L'Arc en

C i e l, Mont à l'Abbé, St. Helier ,

f re e of charge, to allow him to

b u i ld a wall on the boundary

b e tw een his property and the

S t a tes' Nursery, the wall to be

o w  ned without offset, with the

r ig h t of access over the track to

t h e north-east of the States'

N  u rsery in order to maintain the

w  al l and the right to make

o p e nings and gates, with Mr.

M  u cklow being responsible for the c o s t of positioning the boundary

s to n e and the payment of all legal

f e es ;

 ( g) as recommended by the Public

H  ea lth Committee, the renewal of

   th e lease to the Jersey

E l e ctricity Company Limited of the s it e of Sub-Station No. 13 at St.

S a v iour's Hospital, for a period

o f 9 9 years from 23rd June 1990,

a t a n annual rent of #1, with

p a y ments commuted forward to the i n ce ption of the agreement, also,

t h e grant, free of charge, of

s e rv itudes required for high

t e ns ion cables, with each side

b e in g responsible for the payment

o f i ts own legal costs.

Matters lodged

The following subjects were lodged au Greffe'' -

 1 .  Draft Health and Safety at

W  o rk (Lifts) (Jersey) Regulations 1 9 9 . P.120/90.

P r e sented by the Social Security C o m mittee.

 2 .  Field 146, St. Clement and

p a r t garden Okanagan: compulsory p u r chase. P.121/90.

P r e sented by the Housing C o m mittee.

 3 .  Draft Customs and Excise

( G e neral Provisions) (Amendment N  o . 2) (Jersey) Law 199 .

P . 1 22/90.

P r e sented by the Finance and

E c o nomics Committee.

 4 .  Draft Public Finances

( A d ministration) (Amendment No. 5) ( J er sey) Law 199 . P.123/90.

P r e sented by the Finance and

E c o nomics Committee.

 5 .  Les Mielles Golf Course, St. Ouen. P . 1 24/90.

P r e sented by Senator John Stephen R o t hwell.

 6 .  La Caroline, La Grande Rue, St.

M  a ry. P.125/90.

P r e sented by Senator John Stephen R o t hwell.

Ecology Fund: establishment. P.91/90. Deferred

THE STATES acceded to the request of the President of the Finance and Economics Committee that the proposition relating to the establishment of an Ecology Fund (lodged on 3rd July 1990) be deferred from the present Sitting.

Licensing (Jersey) Law 1974: review. P.60/90. Discussion continued

THE STATES continued discussion of the review of the Licensing (Jersey) Law 1974, and adopting paragraphs 27 to 37, agreed -

D EFINITION OF LICENSED PREMISES

 2 7. that the definition of licensed

p r e mises should include all land a n d buildings defined in the Act

o f t he Licensing Assembly

a p p roving the grant of the

l ic e nce;

2 8. that premises holding Taverner's,

R e s taurant or Comprehensive

L i c ences should be able to provide t a bl es and chairs on areas of

l a nd , outside their premises

i n cl uding public pavements,

d e s ignated and approved by the

r e le vant Roads Authorities, for

t h e purpose of selling alcohol

d u r ing the permitted hours'' for

p u b lic bars;

M ANAGEMENT OF LICENSED PREMISES

 2 9. that the onus for proper

m  an agement of licensed premises m  u st rest with the licensee;

 3 0. that the licensee should be

r e q uired to register both the

d e p uty manager/s and relief

m  an agers with the Connétable s who w  il l check that they are fit and

p r o per persons;

 3 1. that either the manager, a deputy m  an ager or a relief manager must b e p resent at all times during

p e rmitted'' opening hours;

 3 2. that as at present, it should be

a n o ffence for under age drinking t o t ake place on licensed

p r e mises, except for wine, cider

o r b eer where this is consumed

w  it h a meal and where the under a g e person is accompanied by a

p e r son over the age of 18;

 3 3. that it should be an offence for e x c essive noise to emanate from l ic e nsed premises;

 3 4. that, where the licence holder is d e c lared en désastre, the Viscount s h o uld be permitted to nominate a m  an ager so that the licence can

c o n tinue in operation on a

t e m porary basis;

 3 5. that it should be an offence for a n y person who is already

i n to xicated to enter, or attempt t o e nter, licensed

p r e mises;

P ENALTIES AND ENFORCEMENT

 3 6. that there should be increases in t h e penalties for infractions of

t h e Licensing Law;

A MENDED LEGISLATION

 3 7. that the Law Draftsman should

p r e pare draft Regulations amending t h e Licensing (Jersey) Law 1974,

a s a mended, for approval by the

T o u rism Committee and submission t o a nd approval by, the States.

Third report: States Sittings and planning of public business. P.104/90

THE STATES, adopting a proposition of the House Committee, agreed -

( a) that from 25th September 1990 u n t il 12th December 1990 -

( i) t he States should, as far as i s p r ac ticable, sit for a

w  h o le day on alternate

T u e s d ays;

( ii )  t he Sittings of the

S ta t e s s h ould normally be fr o m 1 0 a.m. to

ap p r o x i m ately 1 p.m. and fr o m 2 . 1 5 p.m. to

ap p r o x i m ately 5.30 p.m.;

 ( b) to suspend Standing Order No. 4(1) a n d (4) from 25th September until

1 2 t h December 1990 to give effect

t o t he foregoing decisions;

 ( c) that the Greffier of the States s h o uld be requested, in

c o n junction with the Bailiff ,

P r e sidents and other members c o n cerned, to plan the Public B u s iness of the States on the l in e s described in the report

a t ta ched to P.7/90, dated 9th

J a n uary 1990.

Telephone switchboard at Cyril Le

Marquand House: replacement. P.105/90

THE STATES, adopting a proposition

of the Public Services Committee, approved, in principle, the replacement of the telephone switchboard at Cyril Le Marquand House.

Crèche for teachers' children: transfer of funds. P.106/90

THE STATES, adopting a proposition

of the Education Committee, agreed to transfer the balance of #50,000 remaining in the Education Committee's capital vote of credit No. C0580 to a new capital vote entitled Crèche for teachers' children.''

Policy and Resources Committee: future structure. P.107/90 and P.117/90

THE STATES commenced consideration of a proposition of the Policy and Resources Committee regarding the future strategy of that Committee and adopted paragraph (1).

Paragraph (2) was adopted, the States

having accepted an amendment of Deputy Alan Payn Bree of Grouville that after the words

general election'' the rest of the

paragraph should be deleted.

Paragraph (3) was adopted, Deputy David John de la Haye of St. Helier having withdrawn his amendment that for paragraph (3) there should be substituted the following paragraph -

(3) that the Committee should

c o m  p rise nine members, of whom t h re e should be the Presidents

f o r th e time being of the

F i n a n ce and Economics, Island

D ev e l opment and Establishment C o m m ittee;''

THE STATES adopted an amendment of Deputy Bree that after the words that the

Committee should'' there should be deleted

the words be elected on the day of the

election of Presidents and should''.

THE STATES rejected further amendments of Deputy Bree that in paragraph (3) after the words of whom three should be'' for the words the Presidents'' there should be substituted the word Members'' and that after the words Establishment Committees'' there should be added the words nominated by those Committees''.

Paragraph (4) was adopted.

THE STATES, adopting the proposition as amended, therefore agreed -

 ( 1) that the Policy and Resources

C o m mittee should become a Standing C o m mittee.

 ( 2) that the presidency of the

C o m mittee should be decided first i n t he election of Presidents

a f te r a general election.

 ( 3) that the Committee should comprise n i n e members, of whom three should b e t he Presidents for the time

b e in g of the Finance and

E c o nomics, Island Development and E s t ablishment Committee;

 ( 4) to instruct the House Committee to p r e pare the necessary amendments t o t he Standing Orders to give

e f fe ct to the foregoing decisions.

Agricultural Marketing (Amendment No. 4) (Jersey) Law 1990. P.101/90

THE STATES, subject to the sanction

of Her Most Excellent Majesty in Council, adopted a Law entitled the Agricultural Marketing (Amendment No. 4) (Jersey) Law 1990.

Agricultural Marketing (Amendment No 5) (Jersey) Law 1990. P.110/90

THE STATES, subject to the sanction

of Her Most Excellent Majesty in Council, adopted a Law entitled the Agricultural Marketing (Amendment No. 5) (Jersey) Law 1990.

Maincrop Potato Marketing Scheme (Amendment No. 7) (Jersey) Act 1990.

P.111/90

THE STATES, adopting a proposition

of the Agriculture and Fisheries Committee, approved the Maincrop Potato Marketing Scheme (Amendment No. 7) (Jersey) Act 1990.

Road Traffic (No. 37) (Jersey) Regulations 1990. P.115/90

THE STATES, in pursuance of the

powers conferred on them by the Order in Council of the twenty-sixth day of December 1851, and Article 49 of the Road Traffic (Jersey) Law 1956 as amended, made Regulations entitled the Road Traffic

(No. 37) (Jersey) Regulations 1990.

THE STATES rose at 4.20 p.m.

E . J .M  . P O  T T E R G  re f fi er of the States.