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INDEX

SECTION DETAILS PAGE NUMBER

1 Introduction 6 (a) Responsible Serving of Alcohol 6 (b) Improving Safety and Security 6 (c) Commitment to being a Good Neighbour 7 (d) Co-operation with Police and Community 7 (e) Prevention of any Public Nuisance 7 2 Categories of Licence 8 3 Licence fees 10 4 Under 18s Permits 10 5 Licensing Conditions 12 6 Breach of Licence Conditions 13 7 Display of Notices 14 8 Payment for Drinks 14 9 Offences 15 10 Prosecution and Punishment of Offences 19 11 Temporary Closing Orders 21 12 Absent Licensees 22 13 Nightclub Licences 23 (a) Additional Conditions 23 (b) Definition of “Live entertainment and dancing” 24 14 Alterations and Additions 24 15 Names Premises Supervisors 25 17 Management of Noise and Nuisance 25 (a) Noise Control 25 (b) Licensees Duties 26 18 Contacts 27 APPENDICES

1 Examinable Syllabus 28 2 Notice of Offences relating to Under 18s 33

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PREAMBLE

WHY DO LICENSEES NEED TRAINING? My Department is very conscious that many licensees have been working in or running licensed premises for many years without any real problems occurring. But we are equally aware that the Island’s drinking culture, particularly among young people, has changed dramatically in the last 3 to 5 years. Like me you will have read the headlines regarding “drinking cultures”, “binge drinking” and references to increased levels of alcohol fuelled crime and disorder. Most recently the Health and Social Services Department has released some very worrying statistics about the numbers of youngsters, under 18 years old, who are being seen at the Accident and Emergency Department because they have consumed excessive amounts of alcohol. I accept that in many such cases the youngsters involved are obtaining alcohol from a variety of sources, including from their own homes. Nonetheless some are undoubtedly purchasing it from off-licences and licensed premises. It would be naive to think otherwise. My Department is also very aware that there is increasing public concern about the perceived levels of alcohol-fuelled crime and disorder and the demands that this type of behaviour places on the Guernsey Police. It is a sad reflection that barely a day goes past without the Guernsey Press covering court cases where people have been prosecuted for crimes and/or behaviour which is alcohol-fuelled or related. The Courts share the public’s and my concerns. I am also very concerned about the impact that such reports have on those visiting our Island. Such headlines are hardly likely to encourage them to return or recommend Guernsey to their friends. Further, a recent case before the Licensing Panel in Jersey has highlighted the consequences for licensees who are not properly trained, qualified and/or experienced in their obligations under the liquor licensing laws. The judgment followed an incident at Le Hocq Inn in St. Clements in Jersey. In April 2006 the longstanding manager left and a new licensee took over. On 7th May 2006 a customer arrived at the Inn at 10.30pm in a drunken state. He was accompanied by his girlfriend. The drunken customer was served and subsequently became aggressive and argumentative and “mooned” in the crowded bar. The 20 year old part-time barman did nothing. He was unsupervised as the licensee was not working that evening. After leaving the Inn the drunken customer attempted to drive home and was subsequently involved in a road traffic accident in which a pedestrian sustained serious injuries. The barman had had no formal training as he was expected to “learn on the job”. When questioned as part of the Jersey Police’s enquiries into the accident, the barman admitted that he did not know that it was an offence to permit drunkenness on licensed premises or to serve somebody who is drunk. The result was that an inexperienced and

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untrained 20 year old barman was in sole charge of a busy public bar on a Saturday evening. It is not wholly surprising that serious problems arose. In his judgment on 23rd May 2006, Jersey’s Bailiff, Sir Philip Bailhache, said, and I have taken the liberty of highlighting the points that I believe are most important:

“First, it is essential that managers are fully aware of the provisions of the Licensing Law and able to instruct others working in licensed premises as to the essential provisions of the law. Ideally, managers will have received formal training and have obtained a qualification from the British Institute of Inn Keepers or some equivalent certificate of competence. The key to the fulfilment of a licensee’s obligations is strong and effective management of licensed premises. Secondly, it is essential that all persons working on licensed premises are aware of the principal provisions of the Licensing Law and are sufficiently mature and competent to enforce the law in any reasonably foreseeable circumstances. Ideally, such persons will have received a formal induction course or training involving some form of simple test to ensure they understand their obligations under the Licensing Law. Thirdly, it is important that all licensees and those working in licensed premises understand the distinction between being drunk and being under the influence of alcohol... A person who is under the influence of alcohol may not be served with alcohol, but may, subject to the discretion of the manager or person in charge, remain on the licensed premises. Where there is any doubt as to whether a person is drunk or under the influence of alcohol, a prudent licensee should persuade the customer to leave… We appreciate that enforcement of the law is not always easy, but it is by no means impossible. It is for the licensee to secure the means of compliance. We understand, of course, that people react differently to the consumption of alcohol. As a general guideline however, it seems to us that a person who is unable to stand upright, is unsteady on his feet, incoherent, aggressive or uncooperative is likely to be drunk. A person whose speech is mildly slurred or whole physical coordination is affected is likely to be under the influence of alcohol. Experienced managers and bar staff will have no difficulty in identifying these different signs of intoxication The licensee in this case was guilty of gross breaches of its obligations. It appointed a manager who was at that time unable properly to fulfil the responsibilities of the post. It allowed an inexperienced and incompetent barman to exercise sole responsibility for a public bar on a very busy night. It had in place no adequate system for the training of its employees as to their respective duties and functions under the Licensing Law.”

The result was that the liquor licence for Le Hocq Inn was suspended, with immediate effect, until 19th June 2006. Le Hocq Inn is a popular public house and undoubtedly the enforced closure had a significant impact for the owners.

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The Department is very clear that it is unacceptable for licensees to fail to comply with their obligations so that intoxicated persons leave pubs and clubs only to cause problems on our streets. Drunkenness is the cause of much of the violent crime and noisy and anti-social behaviour which is prevalent, particularly at weekends. A person who is drunk is a potential danger to himself and, more importantly, to others. Licensees have a particular responsibility to prevent persons from becoming drunk on their premises Guernsey’s Royal Court is aware of this Jersey judgment and its strong recommendations that the licensee and staff on all licensed premises should be conversant with and have evidenced, through training and an examination, their understanding of the licensing laws, in particular the offences which relate directly to the actions of the licensee and his staff. The Home Department considers that this training is essential. Unless the licensee can clearly evidence that their experience demonstrates that the additional qualification is not required, the Department will object to applications and the renewal of licenses where the licensee has not passed the Liquor Licensing Examination. I hope that the case for the need for training has been made and that you will all participate in the training which the Department and the College of Further Education is offering and make sure that your staff are similarly trained. If you do not it is your licence, and therefore your livelihood, that is at risk. Is that a risk you want to take?

Mike Torode Minister

Home Department

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1. INTRODUCTION This manual aims to assist licensees, prospective licensees and those working in the licensed trade who are preparing for the Guernsey Liquor Licensing qualification. It should be read in conjunction with the Liquor Licensing (Guernsey) Ordinance, 2006 (“the Ordinance”) and such guidance notes that the Home Department or the Royal Court may, from time to time, issue. With effect from 1st June 2007 anybody who holds or makes an application to hold a liquor licence as a licensee or designated official will need to have passed the liquor licensing examination. The Department, the Guernsey Police and the Courts will also expect that anybody who is working in the licensed trade will have a good understanding of the liquor licensing laws including, in particular, the offences relating to the sale and supply of intoxicating liquor from licensed premises. In addition to studying this manual you will need to read and understand the Ordinance. Appendix 1 sets out which parts of the Ordinance will be covered in the examination. The overriding purpose of the Ordinance is to ensure that all licensed premises are run properly and in accordance with the law and can be summarized as follows: (a) The Responsible Serving of Alcohol Including:

• Not to serve alcohol to, or allow entry of, persons who are intoxicated.

• Strictly enforce the minimum age for consumption of alcohol.

• Prohibit activities that encourage excessive drinking.

• Not to hold any promotions which may encourage excessive drinking.

• Ensure that staff are fully aware of and trained in the essential provisions of the legislation.

• Ensure strong and effective management of licensed premises.

• Ensure that staff are sufficiently mature and competent to enforce the legislation in any reasonably foreseeable circumstances.

(b) To Improve Safety and Security Including:

• To actively monitor the behaviour and state of patrons to detect signs of intoxication or persons being under the influence of alcohol or disorderly, violent, illegal or inappropriate behaviour.

• To maintain adequate levels of security on the premises and at all entries and exits.

• To establish and maintain good communication with the police.

• To establish and maintain good communications with the Greffe, Department and the Parochial Constables.

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(c) A Commitment to being Good Neighbours Including:

• To respect and take all necessary steps to improve local amenity and to reduce disruptive activities carried out on or near the premises by its patrons.

• To encourage customers to respect the law, particularly in regard to the responsible drinking of alcohol and their behaviour in the neighbourhood.

• To take all reasonable steps to ensure noise does not disturb residents in close proximity to the licensed premises.

• To ensure that staff make regular checks outside the premises to ensure that there is no sound escaping and to address any sound escape immediately and reduce it to a level that is not audible at the nearest residential property or occupied business.

(d) To Co-Operate with the Police and the Community Including:

• To ensure that staff are fully trained in the responsible service of alcohol.

• To assist the Police when dealing with any problems on the premises and during routine checks and to encourage patrons to act likewise.

(e) To Prevent any Public Nuisance from the Licensed Premises Public nuisance is a broad concept, which concerns how the activity of one person (or business) affects the rights of another – e.g. how noise from playing music or rowdy behaviour interferes with another person’s right to the peaceful enjoyment of his/her home. The degree to which activities are likely to cause public nuisance will depend on a number of factors, including:

• Time of day/night when they take place

• How frequently activities take place

• How near other people and premises that may be effected are

• The design, structure and layout of premises

• How well the activities are managed The Department and the Guernsey Police recognise that the vast majority of licensees already strive to ensure that they operate their licences in accordance with these principles. However, they are equally conscious that one or two irresponsible licensees may give the whole licensed trade and Guernsey a bad name. It is hoped that the introduction of this qualification will assist licensees and those working in the licensed trade gain a clear understanding of the licensing laws and their obligations and so ensure that the objectives set out above are achieved. This will have clear benefits for all concerned and should also mean that the licensed trade does not

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become the subject of public or media attention because of concerns regarding alcohol-related crime and disorder. 2. CATEGORIES OF LICENCE There are now 9 categories of licence and 1 permit each of which reflects the principle function of the premises for which a liquor licence is being sought. The categories, together with a brief explanation of each, are set out below:

CATEGORY A STANDARD LICENCE

Definition Allows for the sale and consumption of alcohol to persons over 18 during the permitted hours in specified areas of the premises. The principal function of the premises (e.g. restaurant, café, bar) must be made clear on the application and will appear on any licence that is granted. Restaurant, café, bar etc will be given their ordinary meaning as defined in the Oxford English dictionary. Premises will include all areas, inside or outside, the premises which are detailed on the plans submitted to the Royal Court as being open to patrons for the sale and/or consumption of intoxicating liquor. That is the licence will cover the bars and any beer garden or other outside area as may be designated clearly by the applicant and approved by the Court. Separate application can be made for an Under 18s Permit in respect of any bar or part of it. Permitted Hours 10.00am to 12.45am (Monday to Saturday) 12 noon to 12.45am (Sunday other than Christmas Day); 11.00am to 2.30pm and 7.00pm to 10.30pm (Christmas Day and Good Friday).

CATEGORY B RESIDENTIAL LICENCE Definition Allows the sale and consumption of alcohol to persons over the age of 18 years residing on the premises at any time. No person shall consume any alcohol on the licensed premises other than bona fide guests of a person accommodated on the premises. The guests’ names should be recorded in a manner similar to that required for guests in private members’ clubs. This category includes private hotels and guest houses which are not open to non-residents and residential and nursing homes subject to registration with the Health and Social Services Department. Separate application can be made for an Under 18s Permit in respect of any bar or part of it. Permitted Hours At the discretion of the licensee.

CATEGORY C HOTEL LICENCE Definition Allows for the sale and consumption of alcohol to persons over the age of 18 years during the permitted hours. This licence applies to hotels and guesthouses which also have bars and restaurants which are open to non-residents. It incorporates the Standard and Residential Licence and separate application can be made for an Under 18s Permit in respect of any bar or part of it. Permitted Hours (in respect of non-residents) 10.00am to 12.45am (Monday to Saturday) 12 noon to 12.45am (Sunday other than Christmas Day) 11:00am to 2.30pm and 7.00pm to 10.30pm (Christmas Day and Good Friday)

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CATEGORY D

CLUB LICENCE

(PRIVATE MEMBERS’ CLUBS) Definition Allows the sale and consumption of alcohol to club members over the age of 18 years and their bona fide guests. Guest names must be recorded in a register. Separate application can be made for an Under 18s Permit in respect of any bar or part of it. Permitted Hours 10.00am to 12.45am (Monday to Saturday) 12 noon to 12.45am (Sunday other than Christmas Day) 11.00am to 2.30pm and 7.00pm to 10.30pm (Christmas Day and Good Friday)

CATEGORY E NIGHTCLUB Definition Allows for the sale and consumption of alcohol to persons over the age of 18 while providing facilities for live entertainment or dancing. Separate application can be made for an Under 18s Permit in respect of any bar or part of it. Permitted Hours 10.00am to 1:45am (Monday to Saturday) 12 noon to 12:45am (Sunday other than Christmas Day) 11.00am to 2.30pm and 7.00pm to 10:30pm (Christmas Day and Good Friday)

CATEGORY F PORT (ON SALES)

Definition Allows for the sale and consumption of alcohol to persons aged over 18 years on the premises specified. Permitted Hours 10.00am to 12.45am or closure of terminal whichever is earlier (Monday to Saturday) 12 noon to 12.45am or closure of terminal whichever is earlier (Sunday, Christmas Day and Good Friday)

CATEGORY G PASSENGER VESSEL

Definition Allows for the sale and consumption of alcohol to over 18s on the vessel specified. Permitted Hours 10.00am to 12.45am (Monday to Saturday) 12 noon to 12.45am (Sunday other than Christmas Day) 11.00am to 2.30pm and 7.00pm to 10.30pm (Christmas Day and Good Friday).

CATEGORY I GENERAL OFF-LICENCE Description Allows the sale of alcohol to any person aged over 18 years, during the permitted hours, in closed vessels, for consumption off the licensed premises. Permitted Hours 7.00am to 12 midnight (Any day, with the exception of Christmas Day & Good Friday) 11:30am to 7pm (Christmas Day & Good Friday)

CATEGORY J PORT OFF-LICENCE Description Allows the sale of duty free alcohol to over 18s travelling outside the Bailiwick, of alcohol in closed vessels, for consumption outside the Bailiwick. Permitted Hours Opening of terminal to 12.45am or closure of terminal whichever is earlier.

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3. LICENCE FEES The licence fees are as set out below:

Category of Licence

Description Fee Payable

A Standard Licence £500

B Residential Licence £250 to £500 Band 1 (10 rooms or less) £250 Band 2 (11 to 20 rooms) £350 Band 3 (21 or more rooms) £500

C Hotel Licence £350 to £1,400 Band 1 (15 rooms or less) £350 Band 2 (16 to 30 rooms) £700 Band 3 (31 rooms or more) £1,400

D Club Licence (Private Members’ Club)

£500

E Nightclub £2,500

F Port (on sale) £500

G Passenger Vessel £500

I General Off-licence £350 to £1,400 Band A (under 1,000 sq ft) £350 Band B (between 1,000 and 2,999 sq ft) £700 Band C (over 3,000 sq ft) £1,400

J Port Off-Licence (Duty Free Sales)

£350 to £1,400 Band A (under 1,000 sq ft) £350 Band B (between 1,000 and 2,999 sq ft) £700 Band C (over 3,000 sq ft) £1,400

Under 18s Permit £250

In addition, those licensees who operate their licences on a seasonal basis, that is, the premises is open for less than 30 weeks in any calendar year, are eligible to apply for a one third reduction in the fee payable. The calendar year runs from 1st June to 31st May. Similarly, where an off-licence exists but the off-sales are not the primary function, for example the shop is a general grocery shop, and the sales represent less than 5 percent of the overall floor area the fees payable will be reduced by one-third. With regards off-licence premises the Ordinance defines “sales area” as the area of floor space used for the purpose of the display and sale of goods of all types, not just for the display and sale of intoxicating liquor on the premises to which the liquor licence relates. 4. UNDER 18s PERMIT Under the 2006 Ordinance, whilst under 18s may lawfully be present upon licensed premises at any time, they are not permitted to be present in any bar in licensed premises except where an under 18s permit has been granted by the Royal Court subject to conditions imposed by the Court.

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An Under 18s Permit will allow persons under 18 years old to enter licensed premises. The Royal Court must be satisfied that the premises offers “a suitable environment for persons under the age of 18 years”. The Ordinance defines a “bar” to include any place exclusively or mainly used for the sale and consumption of intoxicating liquor. The grant of an Under 18s Permit will be based on the general ambiance of a bar which will determine its suitability as a place for young people. That is, what is euphemistically referred to a “working man’s pub” is unlikely to be regarded as providing “a suitable environment for persons under the age of 18 years”. Furthermore, the Court is unlikely to grant an Under 18s Permit for premises for the entirety of the permitted liquor licensing hours. As Under 18s Permits will provide an opportunity for young people and children of all ages up to 18 to be on licensed premises the Court will invariably impose a cut off time for young persons to be present and will at all times require under 18s to be under the supervision of an adult. The final decision will rest with the Royal Court on consideration of the licensee’s application and the reports prepared by the Police, Fire Service, Environmental Health Services and the Douzaines and Constables of the Parish in which the premises is situated. Any part of the premises not exclusively or mainly used for the sale and consumption of intoxicating liquor will almost certainly not constitute a bar and no under 18s permit will be necessary to enable under 18s to be present lawfully. For example, bedrooms, separate restaurants, exterior patios or terraces or conservatories which are separated by walls or doors from bar counters where drinks are purchased will not themselves constitute bars simply because intoxicating liquor is occasionally consumed in those areas. So far as exterior patio or terraces are concerned the Under 18s permit will only apply if they have been designated as part of the bar area in the licence granted by the Court. The following issues will be taken into consideration by the Court when dealing with an application for an Under 18s Permit. The Court may place conditions on the Permit linked to one or more of these issues. 1. The principal nature of the business to be conducted in the entire licensed

premises coupled with other factors, which the Court will seek to balance when considering the application. For example additional conditions may be very different where the application is in respect of licensed premises trading as a restaurant or a café compared with one which is trading as a pub or packed bar area with few tables and no meals or no meals tailored for children and young people.

2. Times when persons under 18 years will be permitted onto the licensed premises.

It is recommended that careful consideration is given to the issue of whether under 18s should leave by a certain time.

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3. Areas which the under 18 year olds will be permitted to occupy, for example lounge bar but not public bar; these must be shown in blue on your plan. It may be that you will also demarcate a restricted zone close to the bar or serving counter where under 18s will not be permitted.

4. Facilities available to under 18 year olds, for example provision of a children’s or

games area, availability of meals, and the type of menu, etc. 5. Other restrictions which may be proposed by the licensee, for example a

requirement that under 18s be accompanied and in the charge of an adult. Generally the Court will require that under 18s be accompanied and in the charge of an adult at all times.

As noted above the Royal Court, in granting a Permit, will also have the power to impose additional conditions where they are linked to the above issues. The licensee is asked to specifically address the above issues in his application to assist the Royal Court in determining whether the premises provide a suitable environment for persons under 18 years old. Licensees are reminded that the reports from the Police and the Parish Constables will consider these issues when completing their inspection reports. Please note that the conduct of an Under 18s Permit is by the Licensee or Designated official of the principal licence, there is no need to ask for the approval of that person to be responsible for the conduct of the Permit. 5. LICENSING CONDITIONS

The Royal Court may impose additional conditions where necessary and proportionate to ameliorate problems which have been brought to the Court’s attention regarding the exercise of the liquor licence. It is likely that such conditions will relate to the control of noise and/or nuisance from the premises. The reporting authorities should specify in their reports any additional conditions which they believe should be attached to the licence and set out, together with supporting evidence, the reasons why they are making the recommendation. In all cases such recommendations must be reasonable, proportionate, that is, no more than necessary to prevent the nuisance or ameliorate the concern, and enforceable. The following list of noise related conditions is provided by way of examples of the type of additional conditions the Court may impose. This list is not definite or exhaustive. 1. All doors and windows apart from access and egress are kept shut whilst

regulated entertainment is being provided at the premises. 2. While regulated entertainment is provided, staff shall check on a regular basis at

the perimeter of the property to ensure that there is no sound escape. Any sound escape from the property shall be addressed immediately and reduced to a level that is not audible at the nearest residential property.

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3. After 11pm staff shall address noisy patrons outside the premises. A logbook is

to be kept to record such patrols and incidents and shall be made available for inspection by the Royal Court, Police, Environmental Health Officers and Parochial Constables.

4. Clear signs that are a minimum A4 size are placed at exit points stating - “This is

a residential area please leave quietly”. 5. The Licensee shall take all reasonable steps, including turning the volume on

amplifiers down, closing windows and sound proofing the premises, to ensure noise does not disturb residents in close proximity to the licensed premises.

6. Entertainment involving amplified sound, in the form of music, singing and

dancing, or entertainment of a like kind shall not take place [before – specify hour] and/or [delete as required] [after – specify hour] on [specify days of the week].

7. When any entertainment, including all amplified sound, takes place the following

additional conditions shall apply:

(a) All doors and windows to be kept firmly shut, but not locked; (b) The licensee shall be required to maintain control of the music’s volume at

all times and to ensure the volume does not reach excessive levels; (c) All live music to cease promptly at [specify time]; and (d) The issue of the licence is without prejudice to any action that the Police

and/or Environmental Health Service may be required to take in respect of noise nuisance.

Similarly the Court may impose conditions relating to the opening hours of premises, the number of people who can be accommodated on the premises at any one time, the provision of door staff at certain times and the cleaning up of litter outside the premises. 6. BREACHES OF LICENCE CONDITIONS If a licensee breaches the conditions of his licence he risks his licence being varied, suspended or forfeited. Following a breach of conditions the Department will normally refer the matter to the Law Officers of the Crown who may make application to the Royal Court to suspend, vary or order the forfeiture of the licence. In these circumstances, the Court will look at all the circumstances of the breach and if it is satisfied that by imposing one or more additional conditions the issues which resulted in the breach can be overcome it will vary the licence, or conditions attached to the licence, accordingly. However, in more serious cases the Court may consider it necessary to suspend the licence or order its forfeiture. A suspension would be considered where the Court was satisfied that the issues, which resulted in the breach, could be resolved quickly whilst the premises are closed.

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An order to forfeit a licence will normally only be made where the Court believes that the breach is so serious that no other options would appropriately address the concerns. 7. DISPLAY OF NOTICES The Ordinance requires licensees to display a number of notices on the licensed premises, namely: (a) the liquor licence as issued by the Royal Court (see section 34 for details of the

minimum size and where the notice should be displayed) (b) a price list (see section 35 for the minimum size of the notice and details about

what types of drinks must be listed) (applies to all Categories of licence other than Category I – General Off Sales and Category J – Port Off Sales)

In addition where an Under 18s Permit has been granted a copy of the permit must be displayed. All the notices must be clearly visible and should be positioned so that customers are able to read to notices easily. In addition all licensee must display a notice setting out the following information (see section 25 and Schedule 3 of the Ordinance): Finally, all licensed premises must display a notice setting out the offences concerning persons aged under 18 years (see Appendix 2 for details of what this notice must say). Failure to display these notices is an offence under the Ordinance. 8. PAYMENT FOR DRINKS Section 32 sets out how and when payments for intoxicating liquor must be made:

32. (1) A liquor licensee or his servant or agent shall not sell, supply or permit the sale or supply of intoxicating liquor on any licensed premises in respect of which he holds a liquor licence to any person other than a resident therein, to be consumed on the licensed premises, unless it is paid for at the time it is sold or supplied. (2) A person other than a resident in licensed premises or a guest of such a resident shall not consume intoxicating liquor therein unless it is paid for before or at the time when it is sold or supplied. (3) If intoxicating liquor is sold or supplied for consumption with a meal sold or supplied at the same time and is consumed with such meal the provisions of subsections (1) and (2) shall not be contravened if the price of the intoxicating liquor is paid together with the price of the meal. (4) Nothing in this section shall be deemed to prohibit or restrict the sale or supply of intoxicating liquor to or in any canteen under the authority of a Secretary of State, His Excellency the Lieutenant-Governor or in any Mess of Officers or Non Commissioned Officers of Her Majesty's Armed Forces. (5) A liquor licensee shall not receive or permit the receipt of anything by way of pledge for the payment of a debt due to him for the sale or supply or intoxicating liquor, save from a person resident in the licensed premises. (6) A person who contravenes subsections (1) or (5) shall be debarred from taking legal proceedings for the recovery of the debt due in respect of the sale or supply of the

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intoxicating liquor and in respect of a contravention of subsection (5) shall, in addition, restore any object given by way of pledge.

This section appears very complicated but put at its very simplest drinks must be paid for when they are purchased, unless the person is having a meal at the same time or, in the case of hotel and residential licences, is a resident in the hotel or guest house If a licensee or his staff allow a customer to set up a “tab” not only do they commit an offence under the Ordinance and so put the liquor licence at risk of suspension or revocation but also the licensee cannot seek to recover any monies due under the “tab” through civil debt proceedings. 9. OFFENCES The Ordinance creates a number of offences and it is essential that licensees and all staff fully understand them as committing any of the offences can result in the licensee and members of staff being prosecuted and/or the licensee having his licence suspended or revoked or additional conditions imposed. The various offences are set out below with a very brief explanation of each of them. The examination will test your knowledge and understanding of these offences. Section 1 of the Ordinance creates a general offence that nobody can sell intoxicating liquor unless he holds a liquor licence:

Prohibition on sale etc. without a liquor licence 1. A person shall not, otherwise than as the servant or agent of a liquor licensee, sell, offer for sale, expose for sale, or attempt to sell or offer for sale, intoxicating liquor -

(a) unless he holds a liquor licence under section 9, (b) on any premises or part of any premises other than those for which he holds a

liquor licence, or (c) otherwise than in compliance with -

(i) the provisions of this Ordinance, and (ii) the terms and conditions of his liquor licence.

That is, for anybody to be able to lawfully sell or offer for sale any intoxicating liquor he must have applied for and been granted a liquor licence. Only the Royal Court can grant a liquor licence. Section 21 restricts the sale of intoxicating liquor to the permitted hours (see Part 2 – Categories of Licence for details of permitted hours for each of the licence categories):

Prohibition of sale etc. of intoxicating liquor other than in permitted hours 21. (1) A person shall not in any licensed premises -

(a) sell, supply, expose for sale or consume intoxicating liquor, (b) attempt to sell, supply or consume intoxicating liquor, or (c) permit, if a liquor licensee, the sale, supply or consumption of intoxicating liquor,

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at any time otherwise than on the days and during the hours referred to in subsection (2).

This section means that no intoxicating liquor can be sold outside the hours stated for the class of licence. For example, off-sales under a Category I licence can only be made between 7.00am and 12 midnight, regardless of whether the shop is open for longer hours. If intoxicating liquor is sold, supplied or consumed outside the permitted hours the licensee and any member of staff who makes the sale may be prosecuted for this offence. Further, the licensee also risks losing his licence as a result. In addition, where a Category I – General Off Licence is in force if the shop is open other than between 7.00am and 12 midnight any intoxicating liquor must be removed from display or covered up. Section 22 controls persons aged under 18 years of age in bars:

Control of persons under 18 in bars 22. (1) A liquor licensee or his servant or agent, shall not permit a person under the age of 18 years (referred to in this Ordinance as a "young person") to be present in any bar in licensed premises except where -

(a) the young person is a child of the liquor licensee, (b) the young person resides on the licensed premises but is not employed there and

is accompanied by a parent or person over the age of 18 years, (c) an under 18's permit has been granted, and is in force in respect of the bar, under

section 44, and the conditions of that permit are being complied with, (d) the young person is in a bar solely whilst passing to or from some other part of the

licensed premises which is not a bar, or to or from another part of the licensed premises to or from which there is no other reasonable means of access or egress, or

(e) the bar counter is closed. (2) A liquor licensee shall not, otherwise than in association with a meal, employ or permit a young person to sell or supply intoxicating liquor to another person on any licensed premises.

That is, nobody aged under 18 years must be allowed into a bar unless one of the exemptions listed applies or the bar area is covered by an Under 18s Permit. Here again, the licensee and his staff may be prosecuted if somebody under 18 years of age is on licensed premises and they are not expressly covered by either one of the exemptions or an Under 18s Permit. Further, section 23 and 24 prohibit the sale, supply, consumption or purchase of intoxicating liquor by young people.

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Prohibition on sale, supply or consumption or purchase by young persons 23. (1) A liquor licensee or his servant or agent, shall not sell or supply or permit any other person to sell or supply intoxicating liquor to a young person. (2) A liquor licensee or his servant or agent, shall not permit intoxicating liquor to be consumed by a young person on any licensed premises in respect of which the liquor licensee holds a liquor licence. (3) A young person shall not purchase or attempt to purchase intoxicating liquor on licensed premises. (4) A person shall not purchase, or attempt to purchase or supply or attempt to supply intoxicating liquor for consumption by a young person on licensed premises. Prohibition on obtaining etc. intoxicating liquor by young persons 24. A young person shall not on licensed premises -

(a) obtain or receive, or attempt to obtain or receive, intoxicating liquor, (b) accept or attempt to accept intoxicating liquor from any other person, or (c) consume or attempt to consume intoxicating liquor.

That is, a licensee and his staff must not sell or supply intoxicating liquor to anybody under 18 years of age. The meaning of sale should be easily understood but it is important to remember that money does not have change hands for a sale to have occurred. Supply is much wider and includes where somebody who is over 18 buys intoxicating liquor and, whilst still on the licensed premises, hands it to somebody who is under 18. It is therefore important that all licensees and their staff pay particular attention to who somebody is buying drinks for. The consumption of intoxicating liquor by somebody under 18 years is only unlawful, in respect of this Ordinance, when it occurs on licensed premises. It should be noted that if a young person purchases intoxicating liquor on licensed premises the young person, the member of staff who sold the drink and the licensee could all be prosecuted. In addition, the licensee could lose his licence. Off-licensees should also note that staff aged under 18 years cannot sell alcohol. All sales of alcohol must be made by a member of staff who is 18 years or over. Further, where a shop holds an off-licence but from time to time there is no member of staff aged 18 years or over any alcohol must either be removed from display or the display area covered up. Section 29 deals with drunkenness and disorderly conduct on licensed premises:

Drunkenness and disorderly conduct 29. (1) A person shall not be on licensed premises while drunk. (2) A liquor licensee or his servant or agent, shall not permit a person who is drunk or whose conduct is violent or riotous to remain on his licensed premises or supply intoxicating liquor to a person who is drunk. (3) A liquor licensee, or his servant or agent, may order any person whose conduct is within the ambit of subsection (2) to leave the licensed premises and using reasonable force may eject such a person therefrom without giving a reason. (4) In any proceedings for a contravention of subsection (2) it shall be a defence for the

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accused to prove that all reasonable steps were taken to prevent drunkenness or violent or riotous conduct. (5) A liquor licensee or his servant or agent, may -

(a) refuse to admit to, and (b) using reasonable force, eject from,

the licensed premises any person who is drunk, violent, quarrelsome or disorderly, or whose presence therein is undesirable or who would by his presence therein render the licensee, or his servant or agent, liable to a penalty under this Ordinance. (6) A person whose conduct is within the ambit of subsection (5) shall quit licensed premises upon request by the licensee, or his servant or agent, or a Police Officer and if he refuses or fails so to do the licensee, or his servant or agent, or a Police Officer using reasonable force may eject such a person therefrom.

That is, it is an offence for a licensee or his staff to allow somebody who is drunk or who is behaving in a disorderly or violent manner to remain on or enter licensed premises, regardless of whether the person is continuing to drink. The licensee and his staff are given specific powers to remove or refuse entry to persons they believe to be drunk or acting in a disorderly or violent manner. These powers reflect the seriousness of these offences and therefore the potential consequences for the licensee. Assessing whether or not somebody is drunk is sometimes difficult and opinions may well differ but it is important to remember that if you or your staff get it wrong the decision could cost you your licence. Section 30 makes it an offence for the licensee or his staff to cause or permit any undue noise to emanate from the licensed premises:

Prohibition of undue noise 30. A liquor licensee or his servant or agent shall not cause or permit any noise to emanate from the licensed premises in respect of which he holds the liquor licence in such manner or of such volume as to give reasonable cause for annoyance to other persons in other premises or in a public place.

Here again there is an expectation that the licensee will do all in his power to ensure that neighbours to and/or people outside the licensed premises are not disturbed by noise from his premises. For this reason the Parish Constables, Police and the Environmental Health Service are specifically required to include in their reports to the Royal Count any complaints, whether official or unofficial, they have received regarding noise from the licensed premise. You will also note that the Royal Court has the power to impose some very stringent additional conditions on any licence if noise is a concern. Here again, offences under this section are serious and therefore you should do everything within your power to ensure that you are a “good neighbour” (see Part 1(c) for more guidance on being a good neighbour). Section 31 prohibits licensed premises from being used by prostitutes for immoral purposes:

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Prohibition of use for immoral purposes 31. (1) A liquor licensee shall not -

(a) cause, (b) permit, or (c) suffer,

any licensed premises, in respect of which he holds the liquor licence, to be a habitual resort or meeting place of reputed prostitutes, save for the purpose of obtaining reasonable refreshment for such time as is necessary for that purpose. (2) A liquor licensee shall not -

(a) use, or (b) cause, suffer or permit to be used,

any licensed premises, in respect of which he holds a liquor licence, as a brothel.

Section 36 creates a number of offences relating specifically to police officers whilst on duty, which should be self-explanatory:

Offences relating to Police Officers. 36. A liquor licensee shall not -

(a) knowingly harbour or permit the harbouring of a Police Officer or permit a Police Officer to remain on any licensed premises in respect of which he holds a liquor licence during any period when that Police Officer is on duty otherwise than for the purposes of that duty, or

(b) knowingly sell or supply any intoxicating liquor to a Police Officer on duty otherwise than by the authority of that Police Officer's superior in rank.

10. PROSECUTION AND PUNISHMENT OF OFFENCES The penalties for offences under the Ordinance are potentially severe (see sections 88 and 89 below). In addition to a fine not exceeding level 5, that is up to £10,000 and/or a prison sentence not exceeding 3 months the liquor licence itself may be suspended or revoked or additional conditions attached to the licence. This is why it is essential that every licensee and all his staff fully understand the various offences under the Ordinance and how to deal with the circumstances which may result in an offence being committed.

Prosecution and punishment of offences. 88. (1) A person who contravenes or fails to comply with the provisions of section 1 shall be guilty of an offence and liable on conviction to a fine not exceeding level 5 on the uniform scale or to imprisonment for a period not exceeding 3 months or both. (2) A person who fails unreasonably to comply with the provisions of an order made and served upon him under Part XII shall be guilty of an offence and liable on conviction to a fine not exceeding level 5 on the uniform scale or to imprisonment for a period not exceeding 3 months or both. (3) A person who contravenes or fails to comply with the provisions of this Ordinance (other than section 1 or Part XII) shall be guilty of an offence and liable on conviction to a fine not exceeding level 4 on the uniform scale. (4) In addition to any penalty imposed under subsection (3), where a person is convicted

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of an offence under section 23(1) or (2) the Court may order the liquor licence to be suspended for a period not exceeding 3 months and upon such order being made (which shall be considered as part of the sentence for purposes of appeal) the licence shall cease to have effect during the period specified. (5) In addition to any penalty imposed under subsection (3) where a person is convicted of an offence under section 29(2) or 30 the Court may order the liquor licence to be suspended for a period not exceeding 7 days and in respect of any subsequent conviction for a period not exceeding 3 months and upon such order being made (which shall be considered as part of the sentence for purposes of appeal), the licence shall cease to have effect during the period specified. (6) Where a Notice of Appeal has been lodged in accordance with the Magistrate's Court (Criminal Appeals) (Guernsey) Law, 1988c it is hereby declared that any order under subsections (4) or (5) may be suspended by the Magistrate's Court until the disposal of the Appeal. Additional provisions concerning offences. 89. (1) A person who aids, abets or procures, or attempts to commit any offence under this Ordinance shall be treated as a principal offender and be liable to be proceeded against and punished accordingly. (2) In any proceedings under section 23 it shall be a defence for the accused person to prove to the satisfaction of the Court that -

(a) he did not know nor had reasonable cause to suspect nor could after reasonable enquiry have ascertained that the young person in respect of whom the charge is made was under 18 years of age, or

(b) he committed the alleged offence because of a false statement made to him by another person and that he did not have reasonable cause to suspect nor could after reasonable enquiry have ascertained that the said statement was false.

(3) Where an offence under this Ordinance which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any negligence on the part of any director, manager or other similar officer of the body corporate, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Additional offences. 90. The following shall be included in the offences punishable by virtue of section 88(3) -

(a) where any person who in connection with any application under this Ordinance knowingly makes any false statement or representation or produces or furnishes any information which he knows or believes to be false, or

(b) where a body corporate which is the holder of a liquor licence purports to exercise it otherwise than under the personal supervision of a designated official within the meaning of section 7.

11. TEMPORARY CLOSING ORDERS Sections 85 and 86 allow for the Bailiff or the Police to order the immediate closure of licensed premises when it is necessary in the interests of public safety to close the premises urgently or immediately. Section 87 allows the Royal Court to extend the immediate closure order for up to 14 days.

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It is hoped that these powers will not need to be used but serious trouble can occur in even the most well managed premises. It is very difficult to predict how intoxicating liquor will affect the conduct of anybody or how a group of people will behave or react when some or all have been drinking. Potentially violent or hostile situations can erupt with little or no warning and it is such circumstances that such a power may be used. These new powers should assist both licensees and the Guernsey Police to deal with serious disorder in a safe and timely manner without risking enflaming a situation which is already volatile.

Power of Bailiff to order immediate temporary closure of licensed premises 85. (1) The Bailiff may -

(a) on application being made to him in accordance with rules of court made under this section, and (b) after taking into account such matters as may be specified,

make an immediate temporary closure order. (2) An order under subsection (1) shall be made in such form as may be specified and shall, when notice of the making of the order has been served on the licensee, or other person for the time being in charge of the licensed premises to which it relates, require the licensee, or that other person –

(a) to cease the sale or supply of intoxicating liquor on those premises, (b) to clear, or arrange to clear, from the premises all members of the public (unless directed otherwise by a Police Officer), and (c) to close the premises to entry by members of the public for such period (not exceeding 24 hours) as may be stipulated in the order.

Power of Police Officer to order immediate temporary closure of licensed premises 86. (1) Where -

(a) it is not reasonably practicable in all the circumstances for an application to be made to the Bailiff under section 85, and (b) a Police Officer of at least the rank of inspector reasonably believes that immediate closure of any licensed premises is necessary in the interests of public safety,

that Officer may make an immediate temporary police closure order. (2) An order under subsection (1) shall be made in such form as may be specified and shall, when it has been served on the licensee, or other person for the time being in charge of the licensed premises to which it relates, have the same effect as an order made by the Bailiff under section 85.

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Power of Royal Court to order extended temporary closure of licensed premises 87. (1) The Royal Court may -

(a) on application being made to it in accordance with rules of court made under this section, and (b) after taking into account such matters as may be specified,

make an extended temporary closure order. (2) An order under subsection (1) shall be made in such form as may be specified and shall, when notice of the making of the order has been served on the licensee, or other person for the time being in charge of the licensed premises to which it relates, require the licensee, or that other person -

(a) to cease the sale or supply of intoxicating liquor on those premises, (b) to clear, or arrange to clear, from the premises all members of the public (unless directed otherwise by a Police Officer), and (c) to close the premises to entry by members of the public for such period (not exceeding 14 days) as may be stipulated in the order.

(3) The Royal Court may - (a) on application being made to it in accordance with rules of court made under this section, and (b) after taking into account such matters as may be specified,

extend an order under subsection (1) for such period (not exceeding 14 days) as it may think fit; provided that no order made under subsection (1) and extended under this subsection, may exceed 28 days in total duration.

12. ABSENT LICENSEES The Ordinance requires the licensee to ensure that he personally supervises his premises. For this reason, section 26 requires that you are not away from the premises for more than 7 days unless you have made suitable arrangements for somebody to act in your place. Further you must seek the Department’s permission in advance. Such temporary absences must not exceed 2 months. Before granting permission the Department will need to be satisfied that the person who will be covering for you fully understands the responsibilities and duties of a licensee and is a fit and proper person to act in this rôle. The person will be acting as though they were the permanent licensee. If your period of temporary absence is to exceed 2 months you must make written application, after giving 7 clear days notice to the Department, to the Royal Court. In addition, if you are planning on closing your premises for more than 7 days you must advise the Department in writing indicating on what date the premises will re-open. Section 27 addresses the procedures which must be followed when a licensee dies or because of ill health is unable to continue to personally supervise the licence. Section 28 requires that when a licensee changes his name or the name of the premises he informs both the Department and Her Majesty’s Greffier in writing as soon as possible of the change.

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13 NIGHTCLUB LICENCES You will not be examined on this section unless you are the licensee or designated official of a nightclub

(a) Additional Conditions In addition to the conditions for on-sales the following conditions will apply to all licences in this category: (a) The licence shall include a full description of the premises in respect of which the

application is made, together with a sketch or other adequate plan, including -

(i) details of the areas set aside for live entertainment, including the stage and associated areas;

(ii) details of the areas set aside for dancing; (iii) details of the seating arrangements; (iv) a description of the extent and location of the bar counter.

(b) The licensed premises in respect of which the application is made are the subject

of a Salle Publique licence. (c) The nightclub shall employ at least [specify number] doormen to assist in

maintaining good order on the premises and preventing drunkenness and any unlawful conduct

(d) All persons employed in the function of a doorman shall be approved by the Chief

Officer of Police, who may withdraw his approval at any time for reasons that appear to him to be good and sufficient.

(e) No person shall be employed in the function of a doorman unless approved in that

behalf by the Chief Officer for Police and a liquor licensee shall not permit or cause such employment of a person not so approved.

These additional conditions mirror the requirement previous set out in sections 54 to 59 of the 2003 Liquor Licensing Ordinance. The Royal Court will impose a condition requiring the nightclub to employ door staff who have approved and licensed by the Chief Officer of Police. Further, the licensed doorman shall be responsible for carrying out any of the functions of a doorman in connection with the regulation of entry into the licensed premises and the control of persons resorting thereto. That is, the doormen will be expected to assist in maintaining good order on the premises and preventing drunkenness and any unlawful conduct. (b) Definition of “Live entertainment and dancing” When determining whether or not to grant a nightclub permit the Royal Court will look carefully at the arrangements for live entertainment and dancing in licensed premises. The transmission of live sporting fixtures or concerts will not in themselves satisfy this requirement, unless there is also provision for dancing or actual live entertainment.

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In addition you will be required to show that any dance floor area should covers at least 35 per cent of the total area of the licensed premises to which customers have access, that is, clear of tables, chairs and any other obstructions so that the whole area is available for dancing. Finally, where facilities for dancing are provided, those facilities should be provided continuously during extended hours save for the 15 minutes prior to closing. Live entertainment should not include any entertainment which is indecent or lascivious in nature. 14. ALTERATIONS AND ADDITIONS If you are intending to materially alter your premises in any way of must ensure that the appropriate application to the Royal Court is submitted. Failure to do so may result in your licence being suspended or revoked. The type of alterations which need Royal Court approval include: (i) To increase the floor space available for the use of persons consuming

intoxicating liquor on the premises; (ii) Where an alteration will result in concealment from observation of any part of the

premises used for the sale, supply or consumption of intoxicating liquor; or (iii) Where an alteration affects communications between the licensed premises and

any other premises or a public place. (iv) All structural alterations. (v) Any alterations to the sanitary facilities. (vi) Any alterations to the access arrangements, including fire exits. (vii) Where a Category A licence is in force any alterations to the internal layout which

could be regarded as not in keeping with the principle purpose (bar, café or restaurant) specified on the licence.

Please note that the above list is not exhaustive. If you are in any doubt you are strongly advised to consult your Advocate. If you get it wrong it is your livelihood that is at risk. 15. NAMED PREMISES SUPERVISORS With effect from 1st June 2007 all licensees will need to ensure that throughout the permitted hours that their premises is open there is a trained, responsible person on the premises to supervise licensing activities. To undertake this rôle it is essential that the staff members acting in this capacity have a similar knowledge and understanding of the licensing laws as you do. It is therefore

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important that you identify which members of your staff will be acting in this capacity and ensure that they are familiar with this manual and are given an opportunity to take the examination. Licensees and Designated Officials are reminded that they can never delegate the responsibility for ensuring that the licence conditions are fulfilled. It is the Licensee or designated official who will always be ultimately responsible for the management of his or her premises regardless of whether of not he or she is physically present when any trouble or problems occur. This last point is clearly illustrated in the judgment of the Jersey Licensing Assembly referred to in some detail in the preamble to this manual. 17. MANAGEMENT OF NOISE AND NUISANCE FROM LICENSED PREMISES The following information is offered as guidance for some of the issues you may wish to consider when assessing whether or not your neighbours regard you as a good neighbour or a nuisance. Much of the guidance relates to the noise which may come from your premises and may include things which create noise and nuisance, which you may not have considered. The Royal Court has indicated that where somebody objects to a licence being issued or renewed on the grounds of noise it will have regard to this general guidance. (a) Noise Control Noise can come, either directly or indirectly, from licensed premises. Direct noise, such as that from entertainment activity, will be under your direct control. Indirect noise, such as that from vehicles and patrons coming to and from the premises, may not be under your direct control, but you can strongly influence it. Typical noise sources include:

• Sound amplification systems and entertainment in general

• Ventilation and air-conditions

• Chiller-units and beer pumps

• Handling of barrels, kegs, cylinders and bottles outside;

• Vehicles, including taxis, customer and delivery vehicles

• Customers, both inside and outside the premises

• Outdoor play areas and beer gardens If your premises is connected to another “noise sensitive” premise (such as a dwelling or office) you will need to take extra care to ensure excessive noise and vibration does not filter through the structure of the building. You are advised to seek a specialist noise consultant in such circumstances. (b) What a Licensee can do to Reduce Noise Problems You need to take all reasonable steps to ensure:

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• Noise is not audible at sensitive locations, such as; dwellings, hospitals, hotels and other business premises (don’t forget the residential parts of other licensed premises in the area)

• Noise does not cause unreasonable disturbance to the wider public, such as passers-by and people using public facilities.

Greater control measures are needed for premises that have regular entertainment, and/or where the venue is operated late at night (after 11pm). For example:

• Keep window, doors etc. closed – Remember that for health and safety reasons it is very important to ensure the premises is properly ventilated and access to emergency exits is not restricted.

• Provide acoustically treated ventilation/air conditioning – allowing windows etc. to be closed.

• Use a sound-lobby (with two sets of self closing doors) at the entrance / exit of premises.

• Provide sound insulation to emergency exit doors and extractor fans.

• Keep speakers within the premises and do not position them near to openings such as doors and windows.

• Do not deliberately play, or direct music outside the premises as a means of attracting custom.

At the source of noise you can:

• Play sound amplification system through a sound limiting device.

• Use in-house speakers rather that artistic and DJ speaker systems.

• Provide sound insulated machinery.

• Provide insulation to ventilation ductwork and outlets.

• Use anti vibration mountings for speakers.

• Use rubber matting and handling aids for the movement of barrels, cylinders, bottles, etc.

• Provide solid fencing/barriers around car parking, play areas and beer gardens, etc.

In addition you can:

• Ensure all staff, DJ’s and artists understand your noise control requirements.

• Operate at realistic times, which will not impact on others.

• Use different finishing times for different parts of your operation – e.g. finish entertainment earlier than alcohol or food sales.

• Play relaxing or calming music towards the end of an event and allow customers to leave premises naturally rather than being ushered out immediately after an event has finished.

• Use outdoor areas at reasonable times and do not remove waste and bottles late at night.

• Use signs to advise patrons and staff to be quiet when leaving premises.

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• Designate a specific taxi firm for staff and customers to use and ensure taxi drivers do not use the vehicle horn to attract attention when collecting passengers.

• Arrange for deliveries to be made at reasonable times.

• Carry out regular monitoring checks to ensure noise is being adequately controlled.

18. CONTACTS If you have any queries in the interim please contact Elizabeth Dene, Legislative and Administrative Co-ordinator, Andrea Nightingale, Drug & Alcohol Commissioning Officer or Vicky Lajoie, Senior Executive Officer, at the Home Department – Central Services on 717000. Email the Department at home@gov.gg.

Or write to: The Alcohol Strategy Frossard House St Peter Port GY1 1FH

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APPENDIX 1

EXAMINABLE SYLLABUS

The Liquor Licensing Ordinance, 2006 ARRANGEMENT OF SECTIONS

PART I

Prohibition on sale or supply of intoxicating liquor

1. Prohibition on sale etc. without a liquor licence.

PART II Application for grant of liquor licence

2. Method of application. 3. Notice of hearing of application and previous occupation etc. to be

given by applicant. 4. Formalities prior to application for provisional licence. 5. Applications for provisional licences. 6. Application to and powers and duties of Royal Court. 7. Applications by bodies corporate.

PART III

Grant, suspension, variation and forfeiture of liquor licences

8. Reports to the Court. 9. Grant of liquor licence and power to impose conditions. 10. Power of Department to issue and status of written guidance. 11. Period of validity of liquor licences and renewals. 12. Functions of H.M. Greffier. 13. Applications by Law Officers or licensees to suspend, vary etc. liquor

licences and conditions. 14. Renewal of liquor licence after suspension. 15. Procedure when licensed premises are destroyed or damaged.

PART IV

Alterations and additions to licensed premises, additional hours and unlicensed premises

17. Alterations to licensed premises. 18. General Orders of Extension. 19. Additional hours and additional premises. 20. Grant of occasional liquor permits.

PART V

Permitted hours

21. Prohibition of sale etc. of intoxicating liquor other than in permitted

Examined Not examined Only sections 9, 11, 13 and 15 examined Not examined Examined

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hours. PART VI

Control of access to and employment in licensed premises of young persons

22. Control of persons under 18 in bars.

PART VII Sale, supply and consumption of intoxicating liquor and young

persons

23. Prohibition on sale, supply or consumption or purchase by young persons.

24. Prohibition on obtaining etc. intoxicating liquor by young persons. 25. Display of notices.

PART VIII General conditions of the exercise of liquor licences and the sale

etc. of intoxicating liquor

26. Absence of liquor licensee. 27. Death or incapacity of liquor licensee. 28. Change of name of liquor licensee or premises. 29. Drunkenness and disorderly conduct. 30. Prohibition of undue noise. 31. Prohibition of use for immoral purposes. 32. Payment for liquor. 33. Saving for liqueur chocolates. 34. Display of liquor licence certificate. 35. Display of sale price list. 36. Offences relating to Police Officers. 37. Powers of entry of Police Officers and the Chief Officer of Customs

and Excise. 38. Premises out of bounds to H.M. Forces. 39. Responsibility of liquor licensees for other persons. 40. Sale of spirits. 41. Powers of Bailiff to grant warrant for entry to Chief Officer of Customs

and Excise. 42. Powers of Bailiff to grant warrant for entry to Chief Police Officer. 43. Supply to residents, servants and other persons.

PART IX

Under 18’s permits and access to bars by young persons

44. Grant of under 18’s permits and power to impose conditions. 45. Method of application for under 18’s permit. 46. Notice of hearing to be given by applicant. 47. Constables’ duties in connection with application for under 18’s

permit.

Examined Examined Examined Examined

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48. Court not to dispose of application unless formalities complied with. 49. Reports to the Royal Court and powers of Department to issue written

guidance. 50. Issue of certificates by H.M. Greffier and keeping of register. 51. Display of under 18’s permit certificate. 52. Period of validity and renewal of under 18’s permits.

PART X

Control of the sale and consumption of intoxicating liquor on vessels in the territorial waters

53. Sale and supply of intoxicating liquor on vessels. 54. Persons who may hold licence. 55. Particulars in application for category G (Passenger vessel) liquor

licence. 56. Prior formalities to application for category G (Passenger vessel)

liquor licence. 57. Harbourmaster’s duties. 58. Court not to dispose of application unless formalities complied with. 59. Report to the Royal Court. 60. Grant of category G (Passenger vessel) liquor licence. 61. Conditions for grant of category G (Passenger vessel) liquor licence. 62. Prohibition of sale or supply of intoxicating liquor on vessels. 63. Who may hold master’s liquor permit. 64. Particulars in application for master’s liquor permit. 65. Prior formalities to application for master’s liquor permit. 66. Court not to dispose of application unless formalities complied with. 67. Report to the Royal Court. 68. Grant of master’s liquor permit. 69. Exercise of master’s liquor permit. 70. Issue of certificate by H.M. Greffier. 71. Keeping of register. 72. Amendment of register. 73. Applications by Law Officers. 74. Renewal of licence and permit after suspension. 75. Period of validity of permits and licences. 76. Renewal of permits and licences. 77. Conditions of sale and supply of intoxicating liquor on vessel in

respect of which licence in force. 78. Young persons to be with adult. 79. Permitted hours on vessel with licence. 80. Powers of Police Officers. 81. Application of the provisions of this Ordinance to holders of licences

and permits. 82. Vessels to which this Part applies. 83. Interpretation of this Part.

PART XI Relevant Fees

Not examined (unless applying a Category G licence) Examined

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84. Relevant Fees.

PART XII Power to close licensed premises

85. Power of Bailiff to order immediate temporary closure of licensed premises. 86. Power of Police Officer to order immediate temporary closure of

licensed premises. 87. Power of Royal Court to order extended temporary closure of

licensed premises.

PART XIII Offences penalties and powers to make property transfer orders

88. Prosecution and punishment of offences. 89. Additional provisions concerning offences. 90. Additional offences. 91. Powers of courts to make property transfer orders.

PART XIV Appeals

92. Appeals to Court of Appeal on point of law.

PART XV

Termination of liquor licences under Liquor Licensing Ordinance, 1993, savings and transitional provisions

93. Termination of liquor licences under 1993 Ordinance. 94. Power of Royal Court to extend liquor licences under 1993 Ordinance. 95. Savings in respect of appeals. 96. Offences and penalties. 97. Saving for pending applications.

PART XVI Miscellaneous, service of notices, interpretation, repeal, extent and

citation

98. Service of notices. 99. Regulations and written guidance. 100. Rules of court. 101. Interpretation. 102. Repeal. 103 Extent. 104. Citation. 105. Commencement.

Examined Examined Not examined Not examined Not examined

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FIRST SCHEDULE Categories of liquor licences. SECOND SCHEDULE Permitted hours. THIRD SCHEDULE Notice. FOURTH SCHEDULE Relevant fees.

Examined Examined Examined Examined

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APPENDIX 2

NOTICE OF OFFENCES RELATING TO UNDER 18 YEAR OLDS

The Liquor Licensing Ordinance, 2006

NOTICE Offences concerning persons aged under 18 (young persons)

DON'T BUY IF UNDER 18 A young person shall not purchase or attempt to purchase intoxicating liquor on licensed premises. DON'T BUY OR SUPPLY FOR AN UNDER 18 A person shall not purchase or attempt to purchase intoxicating liquor for a young person on licensed premises. DON'T DRINK IF UNDER18 A young person shall not on licensed premises – (a) obtain or receive or attempt to obtain or receive intoxicating liquor on licensed premises, (b) accept or attempt to accept intoxicating liquor from another person, or (c) consume or attempt to consume intoxicating liquor.

WARNING! - MAXIMUM PENALTY £1,000