Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

23 July 1999

Before: Sir Philip Bailhache, Bailiff, and

Jurats Le Ruez and Georgelin

AG

v

Ivor Eldon Barette

1 count of contravening Article 2(1) of the Lodging Houses (Registration) (Jersey) Law, 1962, as amended, by keeping an unregistered lodging house (count 1); and

1 count of contravening Article 7(1) of the Lodging Houses (Registration) (Jersey) Law, 1962, as amended, by entering into a lease of property, without the consent of the Housing Committee.

Charge 1: the defendant had internally sub-divided a two-storey barn and let it to Portuguese workers. In total 15 people occupied the premises. The premises were a severe fire risk and would never have been registered under the 1962 Law.

Charge 2: the defendant entered into a one-year lease of a dower wing at his property to unqualified persons at an annual rental of £13,000.

The defendant found himself in dire financial circumstances when his marriage broke up. He was in desperate need of income to meet his obligations to his ex-wife and family. Having ceased farming he had no other sources of income. He did not apply his mind to the risk in which he was placing his lodgers and had people willing and able to pay for the rooms let to them. He did not need to advertise for lodgers. They approached him rather than vice versa. In relation to charge 2, he was confused between lodgers and tenants. He had been advised by his lawyers that Housing consent was needed for the lease but he never checked with Housing or obtained the necessary consent. He ignored the advice which he had been given. Again, part of his motive was assisting people who had sought his assistance.

Sentence and Observations of the Court: Conclusions granted; 4 weeks to pay.

These were serious and blatant breaches of the statutes concerned. The conclusions moved for by the Crown were modest and take fully into account all mitigating circumstances.

J G P Wheeler, Esq, Crown Advocate

Advocate J C Gollop for the accused

JUDGMENT

THE BAILIFF: In our view the Crown Advocate has rightly characterised these offences as "serious and blatant breaches of the Law". The purpose of the controls set out in the Lodging Houses (Registration) (Jersey) Law is precisely to avoid the appalling risks faced by lodgers in unsuitable premises of this kind.

The Court considers that the conclusions moved for by the Crown Advocate are modest and take fully into account all the mitigating factors which counsel has placed before us. The conclusions are accordingly granted and Mr. Barette on count 1 you are fined the sum of £7,500, or 6 months imprisonment in default of payment; on count 2, you are fined the sum of £1,500, or 1 month imprisonment in default of payment, together with £1,000 costs. The defendant will have four weeks in which to pay.

Authorities

AG -v- Lido Bay Hotel, Ltd & Barry Shelton (19^th December, 1985) Jersey Unreported.