ROYAL COURT
(Samedi Division)
20 March 1998
Before: FC Hamon Esq., Deputy Bailiff,
and Jurats Le Ruez and Bullen
AG
- v -
Jimmys Limited
2 counts of failing to comply with a condition subject to which a licence was granted, contrary to Article 80 of the Licensing (Jersey) Law, 1974 (counts 1, 7);
2 counts of failing to keep a copy of the Licensing (Jersey) Law, 1974, on licensed premises, contrary to Article 15(1) of the Licensing (Jersey) Law, 1974 (counts 2, 6);
1 count of selling intoxicating liquor to persons aged under 18, contrary to Article 13(1) of the Licensing (Jersey) Law, 1974 (count 3);
1 count of failing to display on licensed premises the licensees name and the category and description of the licence, contrary to Article 43(a) of the Licensing (Jersey) Law, 1974 (count 4);
1 count of failing to display in licensed premises a copy of the Act of the Licensing Assembly, whereby the licence was granted, contrary to Article 43(b) of the Licensing (Jersey) Law, 1974 (count 5);
2 counts of allowing the consumption of intoxicating liquor on licensed premises by persons not taking a meal on the premises, outside the hours during which such liquor might be sold to them, contrary to Article 42A of the Licensing (Jersey) Law, 1974 (counts 8, 9).
Plea: Guilty
Details of Offence:
Cavalier disregard for law. Count 2 lyrics offensive as well as noise excessive. Count 7 refusal to abate noise when asked. Count 9 committed day after count 8.
Details of Mitigation:
Prosecution took into account fact that company lost licence as result of these incidents.
Previous Convictions: None
Conclusions:
Count 1: £200 fine
Count 2: £25 fine
Count 3: £300 fine
Count 4: £50 fine
Count 5: £50 fine
Count 6: £50 fine
Count 7: £200 fine
Count 8: £200 fine
Count 9: £300 fine
Sentence and Observations of the Court:
Conclusions granted, though the Court might itself have imposed higher penalties.
The Solicitor General.
Mr Akil Miah appeared on behalf of the Defendant Company
JUDGMENT
THE DEPUTY BAILIFF: We have to say that this has been an extraordinary range of infractions of the Licensing Law and we can quite understand why the company had its licence revoked on 24 March, 1997. The breaches are as blatant as any that we have seen and particularly serious, of course, is the under-age drinking. Perhaps if the Solicitor General had not set these conclusions, we may have put them higher, but we will follow the conclusions of the Solicitor General; the company is therefore fined £200 on count 1; £25 on count 2; £300 on count 3; £50 on count 4; £50 on count 5; £50 on count 6; £200 on count 7; £200 on count 8, and £300 on count 9.
Authorities
AG -v- Riviera Guest House Ltd (1991) JLR N-15