The main representative body for Jersey’s hospitality sector is urging politicians to approve “a complete overhaul” of the island’s alcohol licensing law when amendments to the 50-year-old legislation are brought forward later this year.
Jersey Hospitality Association co-CEO Marcus Calvani said States Members should “back it and get on with it”, after feedback on potential changes to the existing Licensing (Jersey) Law 1974 was published by Economic Development Minister Kirsten Morel yesterday.
Islanders’ opinions were gathered through a month-long consultation launched in December, which drew a number of written submissions from key stakeholders such as the Jersey Competition Regulatory Authority, as well as 98 responses to an online survey.
It is a complete overhaul and a big simplification of the whole thing
JHA co-chief executive marcus calvani
The updates to the law are being brought forward as part of a bid by the Economic Development Minister to ensure the licensing regime is “modern, proportionate, and fit for purpose”.
Key changes proposed include replacing the current Licensing Assembly with a dedicated regulatory authority – possibly the Jersey Gambling Commission.
The number of licence categories would also be reduced from seven to three: on-licence, off-licence and temporary licences.
This change also aims to streamline the licensing process and make it more flexible.
Additionally, the consultation noted the suspension of drinks promotions within licensed premises that has been in place since 1987, due to concerns about excessive drinking.
The proposals could see the mechanism for controlling policy relating to drinks promotions and minimum pricing passed to the Minister, “who may wish to commission a review of drinks promotions, advertising and minimum pricing concurrently to the drafting of these amendments”.
The key findings…
Summarising the results of the consultation, the Government said that respondents described the current licensing process as “onerous” and “outdated”, as well as “long-winded” and “daunting”.
The majority (89%) of respondents agreed the Licensing Law should be updated, with 74% also agreeing that the licencing process should be run by a regulatory authority, though there was uncertainty around whether this should involve the Gambling Commission.
Around two-thirds (65%) of respondents agreed that the parishes should continue to give their views as part of the licensing process.
A reduction in the number of categories of on-licence also drew support from the majority of respondents, while plans for a new temporary licence for “special events” to be established was backed by 84% of those who took part in the consultation.
A number of recommendations have been implemented in response to the feedback, including the retaining of a requirement regarding drinks price lists so that they are always available to customers – as opposed to the initial proposal to remove the requirement altogether.
“The Minister for Sustainable Economic Development committed to bringing forward amendments to the Licensing (Jersey) Law 1974 during this term of government as a key action from the 2023 Visitor Economy Strategy, and as part of a wider government commitment to remove unnecessary bureaucracy,” the summary stated.
“Overall respondents to the consultation were broadly in agreement with the proposed amendments.
“There was evidence from the comments that some amendments need further development and communication, for example how the regulatory authority will be staffed and fee structures.”
Deputy Morel thanked everyone who took part in the public consultation.
He added: “Modernising and simplifying the licensing law goes a long way towards meeting this Government’s commitment to reducing red tape for islanders.
“The views of those who responded will be considered as we look to foster innovation within the hospitality sector and promote an entrepreneurial spirit – one which encourages new businesses to enter the industry and grow in Jersey.”
What happens now?
Outlining the next steps, the consultation summary added: “With post-consultation recommendations implemented, law drafting instructions have now been submitted via ministerial decision and the law drafting process has commenced with the aim to lodge the draft law with the States Assembly late in 2025.
“Post-consultation briefings and workshops with key stakeholders will continue throughout the law drafting process.”
The timeframe for updating the law has sparked criticism from within the hospitality industry, but Deputy Morel has previously cited the “difficult and deeply complex” nature of altering legislation.
Speaking to Express, Mr Calvani urged States Members to support the amendments.
“It’s definitely the furthest it has ever been at this stage,” he said.
“We have re-written it with the Government – it is a complete overhaul and a big simplification of the whole thing.
“It removes a lot of the barriers to business and outdated elements that cause confusion, frustration and hold back creativity, so it is moving in a positive direction.”
He added: “I would say to any States Member that if changes to laws or amendments are made in consultation with a trade association, then the private sector is asking for something that is needed.
“Therefore back it and get on with it and, if you’re not sure about it, talk to the Association before you go in and vote.”