Business license applications (FOI)

Request 

The Control of Housing and Work (Jersey) Law, 2012 requires all persons carrying on an undertaking to have a license approved by the Chief Minister (Articles 25 and 26). 

Article 26(4)(a) of the law allows the Minister to grant a license with or without an expiry date. 

A

For each of the last 5 years please could you confirm how many applications were granted with an expiry date, and how many without? 

B

Does any written policy or guidance exist that determines whether a license should be granted with or without an expiry date? For example, in the UK HMRC have extensive employee manual relating to the application of the law with case examples. 

C

In determining whether to grant a license, the Minister is required to have regard to Article 26(9). As with question 2), does any other written policy or guidance exist (on how these conditions should be interpreted or applied?

D

Where a business license is subject to a periodic review (for example after a 3 year period), is there any written policy or guidance on how the business is reassessed against the conditions of its original license? For example, is there a standard questionnaire or other format used by the Minister?

E

Is there any other training or guidance material provided to States employees relating to the approval and review of business licenses outside The Control of Housing and Work (Jersey) Law itself? If so, please can you provide a copy?

Response

A

A resident business licence is not granted with an expiry date on the business itself. It is staffing permissions that are granted with expiry dates and the business licence is subject to a 3-year review.

Non-Resident Business licences and Non-Resident Trader Licences are always granted with an expiry date as they are undertakings that are specifically operating for a restricted period of time.

Below are the number of business licences granted for each type since the 1 August 2017. 

B

The Control of Housing and Work (Jersey) Law, 2012 Article 25(2) outlines that an appropriate licence to carry out an undertaking in Jersey can be (a) a business licence; (b) a hawker's licence; or (c) a non-resident trading licence.

Article 26(4)(a) permits the Minister to 'grant a licence with or without an expiry date (subject to Article 28(1)) in the case of a hawker's or non-resident trading licence)'. 
Article 28(1) requires that when the Minister grants 'a hawker's licence or a non-resident trading licence under Article 26(4), the Minister shall specify on the licence the period for which the licence shall remain in force, such period not exceeding 12 months.'  Such licences are issued for the duration for which the undertaking is required to be in Jersey up to a maximum of 12 months.  Business Licensing guidance notes are published on www.gov.je. Paragraphs 18-19 provide guidance around issuing a licence with conditions and varying a licence.  

Business licencing guidance notes (gov.je) 

C

Business Licensing guidance notes are published on www.gov.je. Paragraphs 5-10 outline matters considered when making a decision.  

D

Business Licensing guidance notes are published on www.gov.je. Paragraphs 5-10 outline matters considered when making a decision. The officer conducting the expiring licence review will request relevant evidence from the business to demonstrate whether conditions have been met. 

E

Business Licensing guidance notes and the Business advice hub as well as internal standard operating procedures and training materials are available for employees to use.
 Business advice hub (gov.je) 
The following documents have been released:

BL decision template new business sole trader and partnership.pdf

BL decision template new business Ltd company.pdf

BL decision template new business Incorporated Association.pdf

BL decision template new business Unincorporated Association.pdf

Article applied 

Article 23 - Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.