Beach Concession (new): adjacent to car park off of La Route de la Haule, St. Lawrence / St. Peter: Approval

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A decision made 18 April 2013:

Decision Reference: MD-E-2013-0045
Decision Summary Title :	New beach / marine trading concession, from the beach at Beaumont, St Aubin’s Bay, St Lawrence / St Peter.		Date of Decision Summary:	12 April 2013
Decision Summary Author:	Hospitality and Leisure Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	New beach / marine trading concession, from the beach at Beaumont, St Aubin’s Bay, St Lawrence / St Peter.		Date of Written Report:	12 April 2013
Written Report Author:	Hospitality and Leisure Manager		Written Report : Public or Exempt?	Public
Subject: New beach / marine trading concession, from the beach at Beaumont, St Aubin’s Bay, St Lawrence / St Peter.
Decision(s): The Minister approved the application from Pure Adventure to set up a new beach / marine trading concession from the beach at Beaumont, St Aubin’s Bay, St Lawrence / St Peter.
Reason(s) for Decision: Under the Policing of Beaches (Jersey) Regulations 1959, regulation 3 (1)(d), a person requires written permission from the Minister to engage in trading on the beach. Following an application from Pure Adventure to set up a new beach / marine concession on located at Beaumont, St Aubin’s Bay, and on receipt of the necessary approval from the Constables of St Lawrence and St Peter and in this case the Pilotage & Enforcement Manager at Jersey Harbours the Minister gave his permission for this application to proceed.
Resource Implications: Additional financial income generated, no human or additional resource implications.
Action required: The Hospitality and Leisure Manager to notify Pure Adventure, Connetable of St Lawrence , Connetable of St Peter and Jersey Harbours that permission has been granted by the Minister.
Signature: Senator A.J.H.Maclean		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Beach Concession (new): adjacent to car park off of La Route de la Haule, St. Lawrence / St. Peter: Approval

Ministerial Decision

Policing of Beaches (Jersey) Regulations 1959

New beach / marine trading concession, from the beach at Beaumont

St Aubin’s Bay, St Lawrence / St Peter.

Under the Policing of Beaches (Jersey) Regulations 1959, regulation 3 (1)(d), a person requires written permission from the Minister to engage in trading on the beach.

I response to the application from Pure Adventure to operate a new beach / marine concession, based at Beaumont, on the beach adjacent to the car park off La Route de la Haule, St Lawrence and St Peter, a consultation process was undertaken.

In an attempt to gauge opinion and seek support or objection the Constables of St Lawrence and St Peter were consulted as the location of operation falls within the respective Parishes. A full consultation was also made with Jersey Harbours as the marine element of the operation would require its full consent and regulatory licensing.

Whilst this is an application to operate and trade from the beach the main objective of the operation is marine based. The operational area will be situated on the beach adjacent to the car park previously mentioned. The envisaged activities on the beach will consist of beach games and zorbing balls. The marine element is clearly outlined in the application.

Consultation Responses

In response to the application the Constable of St Peter and Jersey Harbours voiced no objections to the application.

Following an objection from Jersey Sea Sports Centre, a further consultation was made with the Constable of St Lawrence and Jersey Harbours. Responses from both were positive and voiced no objections.

In response to the objection from Jersey Sea Sport a copy of objection was sent to Pure Adventure for comment.

On receipt of the comments from Pure Adventure further comments were sought from Jersey Harbours. As the nature of objection and subsequent reply from Pure Adventure contained technical information which related to marine standards and safety it was felt that further consultation was needed with Harbours.

Final comments were received from Harbours and the Constable of St Lawrence; neither expressed any objections but did outline conditions.

Whilst the department did receive an objection from Jersey Sea Sports Centre sighting that the island is already well served for the sports of water-skiing, wakeboarding and towed inflatable rides, with long established centres at Gorey, La Haule and St Brelade, no evidence was given to suggest that any additional operations would impact on the trade currently enjoyed by theses existing operators.

The main issues raised in the objection related to marine rules and standards, accreditation, relevant qualifications and the reassurance that the safeguards and standards would be applied equitable so all operations are “on a level playing field”.

In response to the objection and subsequent response from Pure Adventure the following comments were made;

Jersey Harbours commented that:-

“There is no reason why another concession can start up. The bay is big enough and provided that they follow the same safety guidelines that we impose on Jersey Sea Sports Centre there is no issue”.

“If Pure Adventure wishes to start up initially a small but diverse operation, I have no safety objections”.

The Constable of St Lawrence commented that: -

“My only comment is to suggest that if the Minister is minded to approve, he may want to add a condition that in respect of Water Skiing and Wakeboarding, they do become an Accredited Centre as they have proposed under 1 & 2”.

Recommendation

Following the consultation responses from the relevant Parishes and Jersey Harbours, and in addition to the objection from Jersey Sea Sports Centre and subsequent response from Pure Adventure the Minister granted the application, subject to the conditions outlined below.

Pure Adventure to become an accredited centre with British Water Ski & Wakeboarding, the National Governing Body for water skiing in Great Britain, and to attain Level 2 water skiing and wakeboarding awards for all its instructors.

That the operation should not commence until Pure Adventure have conformed to all codes of practice and gain all necessary licences as directed or issued by Jersey Harbours.

Hospitality & Leisure Manager

12 April 2013