LIQUOR LICENSING

The law in Guernsey relating to liquor licensing is currently under review.  The States at its meeting in October 2005 approved certain proposals contained in a report concerning a review of liquor licensing legislation.  As a result the States approved the preparation of new legislation, which is to be considered by the States at its meeting in January 2006.  If the new Ordinance is passed all existing licences granted under the 1993 legislation will be terminated at the end of May 2006.  All licensees will be expected to follow the application procedure identified in the report presented to the States in October 2005.  Appendix 8 of that report indicates that all licensees should submit their applications by 1 February 2006.  The information below relates to the 1993 legislation which is still currently in force.

All matters with regard to liquor licensing in Guernsey are governed by the Liquor Licensing Ordinance of 1993, as amended.

A person desirous of selling or offering, or exposing for sale, intoxicating liquor is obliged to apply to the Royal Court of Guernsey, sitting as an Ordinary Court, for the grant of a liquor licence.

There are five categories of liquor licence:-

1. General Licence;

2. General Off-Licence;

3. Port Licence;

4. Club Licence;

5  Casino Licence.

Various conditions are attached to each licence which are pertinent to different circumstances. An applicant for a liquor licence is obliged, at least twenty-one clear days prior to the date on which it is proposed to make the application to supply to:-

1. The Home Department;

2. the Constables of the parish in which the licensed premises are/or will be situated;

notice in writing giving full details of the date and time of the proposed application, the full name and address of the applicant, a full description of the premises for which the application is made and the category of licence applied for. In the case of an application being made in respect of premises for which a boarding permit is in force for the premises (or such a permit will be applied for prior to the date of the application) the same notice has to be given to the Commerce and Employment Department.

Additionally, at least twenty-one clear days prior to the date of the application the applicant is obliged to supply the Chief Officer of Police with such details as may be required as to his/her previous occupations and places of residence, together with the names of at least two referees to support his/her application.

If the application is for a new liquor licence:

(a) a notice containing full details of the application has to be displayed on the site of the premises, clearly visible to a person in a public place, for fourteen clear days prior to the date of the proposed application; and,

(b) official notice of the application has to be given. This notice has to be included in La Gazette Officielle in the Guernsey Evening Press and has to be published on two weekly occasions prior to the date of the application.

Applications can be made for a liquor licence by a body corporate. In these cases an application has also to be made for a "designated official" to be responsible for the conduct of the licence. This application is made at the same time as the application for a liquor licence. All the details which are normally required for the applicant of a liquor licence have to be supplied in respect of the proposed "designated official".

There is provision in the law for an application for a "provisional licence". In this regard an applicant in respect of premises projected but not yet completed, or in respect of which structural alterations are being or will be undertaken, can apply to the Royal Court for a provisional liquor licence.

Ordinarily, under the terms of the legislation, a person under the age of eighteen years is not permitted to be present in any bar in licensed premises, except for certain exceptions.

There is, however, provision for an application to be made for the holder of a liquor licence (other than a General Off-Licence), to apply to the Court for the grant of a "family permit".

The grant of a "family permit" besides allowing the provision of intoxicating liquor (with a meal) outside of normal licensing hours also allows persons under the age of eighteen years to resort to licensed premises whether accompanied by an adult or not.  (A "meal" is defined as cooked or prepared food of a value of £3.00 or more exclusive of any service or other extra charge.)

Such a person is not permitted to consume food or drink at a bar counter.

(NOTE: The intention of the "family permit"is to allow persons under the age of 18 years to enter licensed premises to eat. Under the terms of the law they do not have to be accompanied by an adult. The law is such that any young person is permitted to enter licensed premises where there is a family permit in force and as such could be open to abuse. Any such abuse would probably result in the Law Officers of the Crown making an application to The Royal Court for the revocation of the Liquor Licence.)

Under the terms of the Public Highways (Temporary Closure) Ordinance, 1999, it is also possible for a liquor licensee to make an application to the Royal Court for an "al fresco" licence. The issue of such a licence entitles the applicant to occupy a specific area of public highway. (Note: This to allow the sale/supply of intoxicating liquor outside of the licensed premises).

Any person desirous of making an application for an "al fresco" licence, must, at least 28 days prior to the date on which the application will be made, supply:-

(a) the Constables of the parish in which the specified area is situated;

(b) the Environment Department;

(c) the Home Department; and,

(d) the Commerce and Employment Department;

a notice in writing containing the following details:-

1. the full name and address of the applicant;

2. the location of the area of the public highway for which the application is made;

3. full details of:

(i) the purpose;

(ii) the hours of day; and

(iii) the days of year;

for which the "al fresco" licence is being sought. Additionally, each notice has to be accompanied by:

(a) a plan drawn to scale showing the proposed dimensions and layout of the specified area, so as to indicate, in particular, the positioning of the tables, seating and other items of furniture and any means by which the extent of the specified area will be marked;

(b) a full description of the tables, seating and other items of furniture proposed to be placed in the specified area, which may, where appropriate, include photographs, drawings or other visual representations;

(c) full details of any proposed screening, awnings or other means of enclosure and other extraneous fixtures and fittings in respect of the specified area.

As with an application for a liquor licence, on two weekly occasions prior to the proposed application an applicant for an "al fresco" licence shall cause a notice to be published in La Gazette Officielle as prescribed by law, and, unless an "al fresco" licence is already in force, cause a notice containing the details of the application to be fixed on or near the premises, in such a manner as to be easily read by a person in a public place adjacent to those premises, for fourteen clear days prior to the date of the proposed application.

Any liquor licence, family permit or al fresco licence is renewable annually on the 31^st of December.

Once granted a liquor licence a liquor licensee is governed by the terms of the Liquor Licensing Ordinance, 1993, as amended.

He is precluded from making any alterations to his premises without the prior approval of the Royal Court. He is also obliged to seek approval before absenting himself from the premises. The level of this approval is dependent on the proposed length of absence.

Under the terms of the legislation it is possible for a liquor licensee to make an application to exercise his licence on premises other than those licensed or for additional hours.

This page last updated 12 January 2006.