Eagle Tavern Ltd

• Jurisdiction: Jersey
• Court: Licensing Assembly (Jersey)
• Judge: (Bailhache, Bailiff and Jurats Le Brocq, Bullen, King, Morgan, Newcombe and Liddiard)
• Judgment Date: 13 June 2007
• Date: 13 June 2007

LICENSING ASSEMBLY

(Bailhache, Bailiff and Jurats Le Brocq, Bullen, King, Morgan, Newcombe and Liddiard)

Intoxicating Liquorlicensed premisesbreach of Licensing Law

The licensee and manageress of licensed premises were each fined 350 for an offence of permitting drunkenness on licensed premisesin relation to an incident in which at least two customers had been drunk on the premises and many others grossly intoxicated, and the manageress herself and the barman on duty had also been intoxicatedand 150 each for allowing members of the public to be on licensed premises after the permitted hours. The manageress's knowledge of the Licensing (Jersey) Law 1974 was poor, she had been shown the relevant parts of the Law but had received no other guidance as to the appropriate conduct for a manager of licensed premises. She had not gained a qualification such as that offered by the British Institute of Innkeepers and her training had consisted merely of shadowing someone else.

Held: (1) The licence would be revoked with immediate effect. The manageress was not properly trained and not competent to act as a manager of licensed premises, and the licensee had been guilty of a serious failure to comply with the obligations of a responsible licence holder apart from the breaches of the Law. Managers of licensed premises should be fully aware of the provisions of the Licensing Law and should ideally receive formal training and obtain a qualification from the British Institute of Innkeepers or an equivalent certificate of competence. All those employed on licensed premises should also be aware of the principal provisions of the Law and sufficiently mature and competent to enforce the Law in any reasonably foreseeable circumstances. Ideally, they should receive a formal induction course or training, involving a simple test to ensure they understand their obligations under the Law. Furthermore, there should be...