WATCH: New booze law pulled amid States spat

Wednesday 07 March 2018

A new alcohol law, widely regarded to be 20 years overdue and already "a decade in the making”, has been withdrawn as the politician behind it says the public haven’t had their say, and heavily criticised the scrutiny process aimed at reviewing the new proposals.

The announcement of the withdrawal of the long-awaited law has been met with frustration amongst hospitality businesses and stirred concerns among politicians, with Deputy Andrew Lewis saying the decision is “hugely disappointing” and that this further delays “serious commercial and health issues that need to be addressed.”

The Assistant Minister for Economic Development, Constable Steve Pallett, blamed the “difficult decision” on the lack of work by the scrutiny panel who are reviewing the new legislation.

Constable Pallett told Express: “Unfortunately we’ve had pull the legislation purely because we’re not in a position where we’re likely to get a report from Scrutiny. I think it’s wrong to go into a big debate on such complex legislation without having a balanced report by scrutiny that can give us some idea whether its fit for purpose. That’s the role of scrutiny.”

The new law is to replace the existing Licensing (Jersey) Law 1974, which has been criticised as complex, inflexible and unfair. But bringing in a better, up-to-date law that is aimed at securing community safety, minimising crime and disorder, and boosting economic activity while protecting the public from harmful levels of alcohol has been far from easy.

The new law - finally put forward to the States last year - also included overturning the licensing authority system so applications are no longer considered by the Bailiff and Jurats, but are approved by new Licensing Authority made up of seven States Members instead.

Pictured: Deputy Simon Brée "refutes the allegations" that scrutiny have not followed the code of conduct by Constable Pallett.

Senator Sir Philip Bailhache disapproved of this so put forward an amendment to the law to ensure that the new licensing authority includes a legally-qualified person, as well as five people who are not members of the States, and have no link to the liquor trade directly or via their family.

But this change, along with the new law itself, which has involved years of work by officers, the Assistant Minister and the Shadow Alcohol Licensing Policy Group, won’t be debated this side of the election, as Constable Pallett believes the Economic Affairs Scrutiny Panel haven’t followed the code of practice.

He’s criticised their handling of the review into the new draft law and has even made a complaint to the Chairman’s Committee, as he says he’s not been questioned on the policy in a public forum and their evidence gathering hasn’t been transparent.

Video: Constable Steve Pallett said he had no choice but to withdraw the new liquor licensing draft law from States debate.

The Chairman of the scrutiny panel being criticised, Deputy Simon Brée, questioned why the Assistant Minister has made this announcement two weeks ahead of the debate “without allowing time for scrutiny to release the report?" Constable Pallett responded saying he had “no confidence” that there was going to be a report issued.

Deputy Brée told Express he “totally refutes the accusations that he made in respect of our conduct and workings.”

“To attempt to use the conduct of the scrutiny panel as an excuse, or reason, for withdrawing the draft law is surprising in of itself, as I have never seen this before. If the Constable had been entirely confident in his proposition, and that he had the support of industry in all aspects of the draft law, then I am sure he would have pressed ahead with the debate, irrespective of whether or not scrutiny had lodged its final report,” he added.

The Jersey Hospitality Association Manager, Simon Soar, responded to the draft law withdrawal, saying: “While the JHA doesn’t want any law to be rushed through without proper consultation, we are frustrated that after 11 years of asking for a fit-for-purpose licensing law, we still don’t have one and its arrival has been further delayed. That said, we will engage fully with the Economic Affairs Scrutiny Panel as it completes its report. As our members will be among the most affected by this law, it is crucial that we have our say.”

Although he’s removed the new liquor licensing law from being debated on the 20 March, Constable Pallett believes it’s “not a lost cause” and it can be revisited after the election. But he says the States need “a greater consensus from the industry about what they want”, as there’s some discontent surrounding the new draft law.