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Liquor Licensing Fees: Increase: Law drafting instructions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 5 August 2015:

Decision Reference: MD-E-2015-0063

Decision Summary Title :

Approval of Law Drafting Instructions for Regulations to increase liquor licensing fees

Date of Decision Summary:

3 August 2015

Decision Summary Author:

 

Strategic Development Officer

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Licensing Fee Increases

Date of Written Report:

3 August 2015

Written Report Author:

Strategic Development Officer

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Approval of Law Drafting Instructions for Regulations to increase liquor licensing fees.

Decision(s):

The Assistant Minister approved the development of Regulations which will increase liquor licensing fees by 10% for 2016 licences and a further 9.5% for 2017 licences.

Reason(s) for Decision:

Licensing fees have not been increased since 2008 when they were increased by 2.5% over 2007.   This will be rectified and fees will be brought up to date in line with inflation through legislation, phased in over two years.

 

The fee increase has been agreed as 17% across the board, which is a figure derived from 2.5% per annum or RPIX (whichever is lower) aggregated from 2008 to 2014. This is in line with the States of Jersey Financial Directions 4.1 ‘Increases in States Fees & Charges’. Fees would then have increased by a projected further 2.5% for 2017 licences as is standard practice.

 

Following consultation with industry, the Assistant Minister has agreed that this increase will be phased in over two years so fees will increase by 10% for 2016 and 9.5% for 2017 (which includes the expected 2.5% uprating for inflation in 2016).

Resource Implications:

There are no financial or manpower implications.

Action required:

Officers to pass the Decision as above together with the accompanying report to the Law Draftsman’s Office for action.

Signature: Connétable S W Pallett

 

Position:

Assistant Minister for Economic Development

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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