Licensing Assembly - re: Bath Street Wine Cellar Limited -18-Mar-2021 [2021] JRC 078 (18 March 2021)

Licensing Assembly - re: Bath Street Wine Cellar Limited -18-Mar-2021 [2021] JRC 078 (18 March 2021)

The licence is granted subject to conditions, including a reduced occupancy limit of 50 persons (excluding staff) until compliance with Fire Service and Environmental Health requirements is confirmed. The applicant may seek an increase in occupancy (up to 110 persons) before the Inferior Number of the Royal Court, supported by updated safety reports. No exceptional circumstances justify maintaining previous higher occupancy, and a period of grace is not warranted given current Covid restrictions and the history of non-compliance.

Citation
[2021] JRC 078
Parties
Applicant: Saint Laurent Pub; Decision Maker: Licensing Assembly
Jurisdiction
Jersey
Judgment Date
18 March 2021
Procedural Posture
Licensing Application / Determination of Application With Conditions Imposed
Outcome
application granted with conditions
Legal Topics
Sanitary Accommodation Standards, Occupancy Limits, Licensing Conditions
Licensing Law Public Health Law Sanitary Accommodation Standards Occupancy Limits Licensing Conditions

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Parties

Saint Laurent Pub

Applicant

Licensing Assembly

Decision Maker

Procedural Posture

Licensing Application / Determination of Application With Conditions Imposed

Legal Issues

  1. 1 Whether the applicant has provided adequate sanitary accommodation to meet current Environmental Health standards for the requested occupancy
  2. 2 Whether exceptional circumstances exist to justify maintaining previous occupancy levels
  3. 3 What conditions should be imposed on the licence regarding occupancy and compliance with safety standards

Ratio Decidendi

The licence is granted subject to conditions, including a reduced occupancy limit of 50 persons (excluding staff) until compliance with Fire Service and Environmental Health requirements is confirmed. The applicant may seek an increase in occupancy (up to 110 persons) before the Inferior Number of the Royal Court, supported by updated safety reports. No exceptional circumstances justify maintaining previous higher occupancy, and a period of grace is not warranted given current Covid restrictions and the history of non-compliance.

Court Disposition

application granted with conditions

Orders

  • Licence shall not take effect until a certificate from the Chief Fire Officer is lodged confirming completion of required works.
  • Occupancy limited to 50 persons (excluding staff) until further order.