Entertainment licensing

Summary

Responsibility for giving permission for public entertainments rests with the Bailiff. The Regulations are silent on the criteria for granting permission and there is no provision for an appeal against the decisions of the Bailiff.

It has long been recognised that the current position is unsatisfactory. The legal position gives the authority to a single unelected person and the procedures, in particular the notice period, are regarded as unnecessarily cumbersome. This was recognised in the Strategy for the Visitor Economy, published in December 2023, which identified as a priority reviewing the licensing law and developing an event strategy and appropriate legislation.

The timetable for revising the legal position envisages a new regime being introduced during 2027.

The current position

Public entertainments are governed by the Unlawful Public Entertainments (Jersey) Regulations 2024 .The Regulations are made not under Jersey law but rather an Order in Council dated 14 April 1884. The two key provisions are –

1 Organising an unlawful public entertainment an offence

(1) A person who organises or is otherwise concerned in providing an unlawful public entertainment commits an offence and is liable to imprisonment for a term of 6 months and to a fine.

(2) For the purposes of paragraph (1), a public entertainment is unlawful if it is held without the permission of the Bailiff.

(3) The Bailiff may grant permission for the provision of a public entertainment subject to the conditions the Bailiff thinks fit.

2 Offence of contravening condition of permission

An organiser of, or a person otherwise concerned in providing, a public entertainment commits an offence and is liable to imprisonment for a term of 6 months and to a fine if –

(a) any condition of the Bailiff’s permission for the entertainment is contravened; and

(b) the organiser of, or person otherwise concerned in providing, the entertainment did not take all reasonable precautions to avoid the contravention.

It will be noted that the Regulations give absolute authority to the Bailiff. They are silent on the criteria for granting permission and there is no provision for an appeal against the decisions of the Bailiff.

A page on the government website sets out the procedures that need to be followed. At least three months’ notice should be given of event and six months for “complicated events”. Depending on the type of event, applications may be considered by a panel which meets each month. The purpose of the panel is to advise the Bailiff on community safety matters that may arise from any public events. The Panel comprises representatives of the Police, Fire and Rescue Service, Ambulance Service, Health and Safety Inspectorate and Public Health Department.

Proposals for reform

It has long been recognised that the current position is unsatisfactory. The legal position gives the authority to a single unelected person and the procedures, in particular the notice period, are regarded as unnecessarily cumbersome.

The issue is related to the arrangements for alcohol licensing which are similarly seen as outdated.

The Strategy for the Visitor Economy, published in December 2023, commented on the issue -

It is also recognised that the Licensing (Jersey) Law 1974 requires review, and the Unlawful Public Entertainment (Jersey) Regulations are no longer fit for purpose. Successive governments have been unsuccessful in their attempts to update these despite extensive consultation, leading to frustration within industry. There is also a need to ensure these reflect new and emerging business models and enable them to trade in keeping with changing customer expectations (e.g. for pop-up businesses, off-site trade and events).

One of the two policy priorities identified in the strategy related to events -

42. Developing an events strategy and appropriate legislation. We will develop, consult upon and lodge new legislation to establish an effective, proportionate and accessible event and public entertainment licensing regime and to replace the existing Unlawful Public Entertainments (Jersey) Regulations 2007.

The Minister for Sustainable Economic Development set out the current plan to reform the regulations in a debate on 11 June 2024, following which the Assembly agreed to extend the current regulations for a period of three years –

The regulations were first introduced in 1992 and they have been renewed by successive Governments 10 times. Although these regulations are straightforward in that they simply serve to clarify the Bailiff’s responsibilities on the customary law, the current system of management for events is complex. These Unlawful Public Entertainments Regulations overlap with parts of the Road Works and Events Law, and both sit alongside special arrangements for public places in the Licensing Law and in the various regulations for the policing of beaches, parks and roads. As a result, I am not satisfied with this current system and am committed to changing it. In 2023 I agreed to take on responsibility for these regulations from the Minister for Justice and Home Affairs as we both recognised the synergies between the future regulatory regime and the department for the Economy’s ongoing work in events promotion and the hospitality sector. The Bailiff may recall that I wrote to him and the Economic and International Affairs Scrutiny Panel in September 2023 to give advance notice of my intention to lodge these regulations for a final period of 3 years. This extension will give time for a new primary law to be drafted, debated and receive Royal Assent. For a regulatory framework to be drawn up - likely in the form of secondary legislation - for policy guidance to be issued, and for the transition to a new regime to take place. Three years may sound like a long time but I want to see the new primary law brought before the Assembly before the end of this term. The new Government will then be able to finalise secondary legislation in 2026 and set up the new regulatory regime in time for the expiration of the triennial regulations in July 2027. This is an ambitious timeline but work is underway and my department is working with events organisers to design a modern and proportionate events licensing regime.

The Minister set out the timetable in detail in a letter to the Scrutiny Chair on 3 September 2024.

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

o Primary legislation sent to Privy Council for Royal Sanction

o Events Law registered in Royal Court

o If not already complete, Secondary legislation (Regulations) brought before the States Assembly by the end of 2026.

o 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.

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