THE GOLDEN SANDS HOTEL [Licensing Assembly (Jersey)]

• Jurisdiction: Jersey
• Court: Licensing Assembly (Jersey)
• Judge: (H.E. the Governor, Ereaut, Bailiff and Jurats):
• Judgment Date: 20 December 1976
• Date: 20 December 1976

LICENSING ASSEMBLY

(H.E. the Governor, Ereaut, Bailiff and Jurats):

Intoxicating Liquorlicensed premisesconsent to alterationsconsent of Licensing Assembly and Tourism Committee required by Licensing (Jersey) Law 1974, art. 12(j) not to be assumed from failure to object to details of plans, if specifically asked by applicant not to consider details and objection merely on policy groundsno estoppel by silence

Intoxicating Liquorlicensed premisesconsent to alterationsconsent required by Licensing (Jersey) Law 1974, art. 12(j) equally applicable to heating and toilet facilities as to accommodation and general amenities of premises

EREAUT, BAILIFF: On 20th March, 1975, the Licensing Assembly approved the division of the then Golden Sands Hotel, which at that time held licences of the 1st and 3rd Categories.

The Eastern part of the division, which included what had been the hotel and a part of the former Safari Lodge, and which was to continue to be known as the Golden Sands Hotel, was granted a 2nd Category licence.

The Western part of the division, which contained the major part of what had formerly been Tam's Pantry and Safari Lodge, and was in future to be known as Tam's Safari Lodge, was granted a 1st Category licence.

The 3rd Category licence was abandoned.

In March, 1976, the Golden Sands Hotel applied for the provisional grant of a 1st Category licence, but that application was withdrawn.

A second such application made in April, 1976 was refused.

A third such application made in June, 1976, was granted.

Article 8(2) of the Licensing (Jersey) Law, 1974, requires that an application for the provisional grant of a licence shall be accompanied by plans of the premises and evidence that such consents for the construction or adaptation of the premises as may be required have been obtained.

In compliance with that provision, Drawing 1164/1 was submitted to the Licensing Assembly in June, 1976. That Drawing showed two bars at the Western end of the building, the Captain's Cabin on the ground floor and the Crow's Nest on the first floor.

In making a provisional grant of a first category licence in respect of these premises in June, 1976, the Licensing Assembly had regard to these two bars.

Early in 1976 the hotel, which is registered under the Tourism Law, submitted plans to the Tourism Committee for their approval. These plans, which were not materially different to those which were submitted to the Licensing Assembly, showed the Crow's Nest...