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19-21 Broad Street | St Helier Jersey | JE2 3RR
By email
3rd September 2024 Dear Chair,
Events Regulation
Further to the States Assembly's adoption of P.24/2024 Draft Unlawful Public Entertainments (Jersey) Regulations 202- ("the current Regulations") I am writing to provide an update on the work developing new legislation for the regulation of events and progress against the Panel's recommendations.
I would like to again thank the Panel for its work in this area and particularly for reviewing the current Regulations in a reduced timeframe to allow them to return to the Assembly in July.
I have set out below the progress made against each of the Panel's recommendations to date: Recommendations
- Definition of public entertainment
Further to the Panel's recommendation that a definition of a public entertainment be agreed upon, I have written to the Bailiff to propose the below definition taken from the UK Licensing Act 2003.
"Covering entertainment provided solely or partly for members of the public, or exclusively to club members and their guests, or for which a charge is made, which is provided for profit (which will include to raise money for charity). It also covers the provision of entertainment facilities for participating in entertainment."
I would also welcome the Panel's views on this definition before it is published on the relevant gov.je pages. It should be noted that this definition is intended to provide clarity to the current events licensing system but does not prejudice the definition to be used in the new primary legislation to be developed.
- Content of public entertainment applications
The Panel will be aware that the gov.je events page currently provides a summary of what should be included in an event plan, namely details on:
• the type of event
• how the event is organised
• a risk assessment, including the measures taken to make sure any potential and foreseeable risks are being addressed for those taking part or watching the event
• how the organiser will seek to lessen any effects that their event may have on other people, such as noise or other nuisance
• a site map and event layout
This webpage further provides links to an application form and a link to public health and safety guidance for events. I have written to the Bailiff to ask that he consider how this information might be better presented and disseminated amongst prospective events organisers.
- Revision of penalties for breaches
I can confirm that the revision of penalties for breaches in public entertainments legislation is indeed within scope of our new legislation. As this new legislation will be based on Primary Law rather than Customary Law the indefinite fees will be revised to a fixed maximum penalty.
- and 5. Timeline for legislation
I can confirm that I remain committed to delivering the Primary Law during this term of office, likely to be in early 2026, and will be pushing for the Regulations to be lodged, or at least provided to the Panel in a mature format, at the same time. I have set out below a timeline for this work, and at this stage this is only indicative since timings will be contingent on law drafting time amongst other factors.
• Q3/Q4 2024 identify, secure and appoint project management resources
• Initial scope of works for the delivery of the Events Framework, including proposed drafting instructions for a new draft events law, and other affected legislation.
• Q4 2024, Formation of Events Project Board who will oversee the development and delivery of the Events Framework
i. Form Project Board and Appoint Project Board Members
ii. Prepare/Agree Strategic Plan
iii. Appoint Working Group Leads
iv. Appoint Working Group Members
v. Agree Working Groups Terms of Reference and Objectives
• Q4 2024, Ongoing engagement with stakeholders including events organisers, Parishes, Scrutiny and emergency services, amongst others. This will build on the events workshop held in April 2024.
• Q4 2024, identification of preferred events regulator model – for example consider whether the future regime would be better managed from within Government, via an established regulator etc.
• Q1 2025, initial law drafting instructions issued to LDO and shared with EIA Panel.
• 2025 Law drafting process for legislation in coordination with the LDO and LOD.
- This process will also include drafting on the secondary legislation (Regulations) albeit this may need further time.
- The time needed for this process will determine the remaining indicative dates in this timeline.
• Q3 2025, public consultation on draft legislation with subsequent updates to the draft legislation.
- This consultation is also likely to include reference to the Regulations (albeit the latter will not be in their final form).
• Q4 2025, Final draft legislation prepared and taken to the Council of Ministers – if possible, this should also include a final draft of the Regulations.
• Q1 2026, Primary (and if possible secondary) legislation lodged and debated by the States Assembly,
• Q2 2026
- Primary legislation sent to Privy Council for Royal Sanction
- Events Law registered in Royal Court
- If not already complete, Secondary legislation (Regulations) brought before the States Assembly by the end of 2026.
- Q4 2026 onwards, following adoption of secondary legislation, we anticipate a brief "hand-over" period to allow for events organisers to move over to the new regime with minimal disruption.
If it is decided that a new regulator should be established, then this period would need to include the establishment of this body.
Overall, good progress has been made and I would like to thank all officers within the Department for the Economy for their work this year.
Yours sincerely,
Deputy Kirsten Morel
Minister for Sustainable Economic Development E k.morel2@gov.je