News
Policy Brief on alcohol and entertainment licensing published
The Policy Centre has published a new Policy Brief Alcohol and entertainment licensing. Key points made in the Brief are -
- The sale of alcohol is governed by the Licensing (Jersey) Law 1974. This provides for seven categories of licence. The law sets out opening hours, providing, for example, that pubs must close at 11:00pm. Applications for licences are decided by the Licensing Assembly comprising the Bailiff and jurats. Authority to grant extensions rests with the Bailiff.
- Under guidance issued by the Attorney General pubs, but not off-licences, are banned from using promotions such as happy hours and two for one offers. A JCRA review noted that Jersey’s on-licence pricing restrictions are unique. Its conclusions included that “stakeholder feedback, economic theory and market outcomes all suggest they restrict competition” and that “high prices in the on-licence sector are likely to lead to a shift away from on-licence to off-licence consumption”.
- Responsibility for giving permission for public entertainments rests with the Bailiff.
- Discussions on reform began in 2009 and have included a number of policy papers, strategies and reviews, but no changes have been made. The 2023 Visitor Economy Strategy identified as priorities reviewing the licensing law and developing an event strategy and appropriate legislation. However, it seems unlikely that any changes will be introduced before 2027.
- It is generally accepted that the regulatory regime is out of date and needs significant revision. The key points raised within the industry are the Attorney General’s guidance on promotions, closing times of 11:00pm for pubs and 2:00am for clubs, restrictions on the ability of retailers to compete on price and the arrangements for obtaining permission to hold an event.
- A related concern is the inability to take action to change the legislation. There have been numerous reviews, consultations and committees but with the conclusion that the matter is very complex and needs further consideration.
- Some of the issues could be dealt with promptly by administrative means such as abolishing the Attorney General’s guidance on drinks promotions and streamlining the arrangements in respect of events.
