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It is "absurd" that the law requiring events to be assessed and approved by the Bailiff's office is still yet to be updated – despite this being a "policy aim for decades", according to a former Bailiff.
Philip Bailhache – now a serving Deputy – made the comments in the States Chamber this week, as Members debated events legislation.
At the conclusion of a debate on Tuesday, the States Assembly approved a three-year extension of the current regulations that govern public events – despite calls from some politicians for more urgent reform.
The rules for applying to host a public event have long faced criticism for being outdated, lengthy, and creating barriers to business in the hospitality and tourism sectors.
The Jersey Hospitality Association last week described the current rules governing events as "cumbersome and clunky", while the Economic Development Minister himself described them as "anachronistic" during a States Sitting in May.
But the Minister, Deputy Kirsten Morel, asked the Assembly for the three-year extension of the current rules in order to provide more time to overhaul them – something which was approved by States Members with a 46-0 vote, with one abstention on Tuesday.
Having carried out a review of these rules ahead of the debate, the Economic Affairs Scrutiny Panel has called for clearer definitions of public events, more accessible guidelines for event organisers, and more proportionate penalties for breaches.
Pictured: Jersey Hospitality Association Co-CEOs Marcus and Ana Calvani described the current regulations as "cumbersome and clunky”.
Responding, Deputy Morel has pledged to update the old regulations with new legislation before the end of the current Government term in 2026.
While the overall ambition remains to streamline the process of organising events and cutting red tape for businesses, Deputy Morel said that extending the current regulations was necessary because they require renewal every three years and were due to expire this month/
He said, therefore, the extension was necessary to allow time to develop new primary legislation.
"My department is already working on the new regulations," he told States Members on Tuesday.
Pictured: Rojo nightclub is set to close this month, with the owner claiming that "basically everything is stacked against having a vibrant nighttime industry" in Jersey.
"It is our intention to bring forward the primary law this term, and make every effort to bring forward the regulations as well."
The new law will be developed alongside a 'Sector Development Plan', aiming to create an efficient and effective regulatory environment that is easier for organisers to navigate than the current system.
The plan also aims to attract major sports, cultural, and business events to the island and create a more joined-up events calendar with "a vibrant and year-round programme of events".
Under the 1992 Unlawful Public Entertainments Regulations, it is illegal to hold public entertainment in Jersey without the Bailiff's permission.
Pictured: The Economic Affairs Scrutiny Panel has recently reviewed the legislation governing public events.
The existing system involves the Bailiff's Public Entertainment Panel, made up of representatives from blue light services, assessing event plans and evaluating risks before granting permission to organisers — a process that can take up to six months.
"Currently, it's an administrative function where the Bailiff's Chief Officer, or indeed an appropriate Senior Official in a Minister's department, can bring together key officials from the police and fire, health and other departments to ensure that the event does not constitute a risk to public safety," explained Deputy Philip Bailhache, himself a former Bailiff.
Deputy Bailhache argued that it was "absurd that the nettle has not yet been grasped" in removing licensing powers from the Bailiff's office.
"This has been a policy aim for decades," he added.
Pictured: Deputy Kirsten Morel suggested he would be open to granting ongoing permission for specific public spaces like parks that are frequently used to host events.
"It is absurd that some agreement has not been reached as to who should have the power to license public entertainment in place of the Bailiff," he said.
Ahead of the debate over extending current rules for another three years, a panel of politicians reviewed the law and made several recommendations to improve the current system.
These included:
Deputy Montfort Tadier, Chair of the Scrutiny Panel behind the recommendations, said that his team would "hold the Minister to account" on his commitment to bring forward new legislation.
He said he hoped this would be "the last time we will need to give consent to these triennial regulations".
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