ROYAL COURT
(Samedi Division)
3 July 1998
Before: FC Hamon Esq., Deputy Bailiff, and
Jurats Potter and Quérée
AG
-v-
Royal Brees Hotel Ltd
1 count of contravening Article 14(1)(a) of the Housing (Jersey) Law, 1949, by failing without lawful excuse to comply with a condition attaching to a Housing Committee consent, namely that their property should not, without the Committees consent, be let to or occupied by any persons other than those specified in Regulation (1)(a)-(h) of the Housing (General Provisions) (Jersey) Regulations, 1970, as under.
Plea: Facts admitted
Details of Offence:
Details of Mitigation:
Previous Convictions:
Conclusions of the Court: £2,500 fine; £1,000 costs.
Sentence and Observations of the Court: £2,000 fine, £1,000 costs.
P Matthews Esq., Crown Advocate
Advocate DMC Sowden for the Defendant Company
JUDGMENT
THE DEPUTY BAILIFF: When the company was allowed to purchase 39 Apsley Road, the condition imposed upon the three units of accommodation could not have been clearer. Mr Rondel occupied one of the (a) - (h) units with an exemption form, as he is locally qualified. Whether those that were put into the other accommodation at that time were his lodgers is a moot point, but in any event when he moved out in late October, 1997, those people had no legal standing whatsoever.
We appreciate that the Company has been very co-operative, but to say that they found the law uncertain is, to us, surprising, we presume that the company has lawyers available to clarify any areas of doubt. The breach lasted for some ten months, and there is no question of illicit profit; the company has co-operated fully and has apologised handsomely in Court today so we are going to lower the fine to £2,000 with costs of £1,000.
Authorities
The Attorney General -v- Galante. (17 August 1990) Jersey Unreported
The Attorney General -v- Gala Holidays (C.I.) Ltd. (2 November 1990) Jersey Unreported
The Attorney General -v- B.B.C. (8 May 1998) Jersey Unreported