WORK to bring in a new Licensing Law may be well advanced, but in the meantime some of the restrictions around drinks promotions that are part of the old law were this week scrapped… with immediate effect. The JEP heard from those raising a glass to the changes…
Legal guidance for licence-holders was stripped back, marking a victory for the Jersey Hospitality Association after a long-running campaign bringing to mind the old marketing strapline for Guinness about “good things come to those who wait”.
The crux of the association’s lobbying has been focused on evidence, backed by Public Health, that excessive alcohol consumption takes place away from regulated establishments.
While supermarkets and off-licences have been able to heavily discount alcoholic drinks, which can then be consumed at high levels at home, along with duty-free booze, pubs, bars and clubs have promoted a safer environment where spirits are dispensed using measures, bartenders monitor customers consumption while serving them and security staff keep an eye out for trouble.
But woe betide a restaurant that wants to include a half-pint of beer or a glass of wine as part of a “today’s special” or “menu do dia” offer, or ask a bit less for a drink at 6pm on a Tuesday than they’d charge at 10pm on Friday.
The old restrictions even set up the ridiculous position where an upmarket venue had its collar felt because a selection “flight” of recommended wines was available alongside a gourmet tasting menu with a three-figure price tag – hardly the backdrop for riotous binge-drinking.
In their submission to the Licensing Assembly, JHA chief executives Anna and Marcus Calvani cited a speech by Age Concern chair Ben Shenton at a recent association event in which he described the negative impact the restrictions on promotions had caused the visitor economy and Islanders’ social wellbeing.
Mr and Mrs Calvani stated: “We do not believe that removing restrictions will negatively impact our Island’s society, but may help the on-trade become more affordable once again and start to reverse the unintended negative consequences seen as the price disparity between the on- and off-trade has continued to grow.”
The move to simplify the restrictions was welcomed by former JHA chief exec Simon Soar, who has also worked with the Institute of Directors and the Policy Centre, and opened new nightlife venue Sundown in St Helier earlier this year.
“Venues should be able to operate flexibly,” he said. “We certainly won’t be able to drop prices frequently or dramatically as our margins just wouldn’t allow that, but it will be good to be able to look at offers for customers at quieter times of the week.”
There was also a cautious thumbs-up from former St Clement Deputy Lindsay Ash, who won support from the States Assembly in August 2020 for his proposition to allow drinks promotions as a way of helping licensed venues to recover from the effects of the Covid-19 pandemic.
“It’s definitely a step in the right direction, although I’m sorry that it’s taken so long,” he said. “But prices for drinks are still ridiculously high in Jersey and I’d like to see more competition.”
Licensing timeline
Jersey’s current Licensing Law came into force in 1974
- 1987 – The Licensing Assembly issued a directive that licensees must “not employ any marketing practice which tends, directly or indirectly, to encourage persons to drink to excеss”, thereby preventing “such marketing practices, arnongst others, as the ‘happy hour’, offers of cut-price drinking, and offers of free or discounted intoxicating liquor included in the price of admission”.
- 1999 – One venue saw its licence suspended and the Solicitor General wrote to States of Jersey Police about other establishments “where there is evidence of excessive consumption of alcohol and consequential public disorder in and around the premises to the detriment of the public interest”.
- 2004 – Following concern expressed by the Attorney General and the Magistrate, further guidance was issued, and again updated in 2010.
- 2019 – Minimum pricing of 50p per unit was introduced for the off-trade.
- 2020 – Deputy Lindsay Ash won support for his proposition to allow drinks promotions as a way of enabling hospitality venues to recover from the effects of Covid. But the proposition was never properly implemented.
- 2022 – The Frontier Report, commissioned by the Jersey Competition Regulatory Authority, recommended the removal of restrictions for promotions in the on-trade, but this recommendation was not backed when it was considered in May 2022 on the eve of that year’s general election.
- 2025 – New, simplified guidance supported by the Licensing Assembly and published by the Attorney General on Friday 30 May.
New guidance for licensees
What’s no longer banned?
- Reducing prices on certain hours of the day or days of the week.
- ‘Buy one, get one free’ promotions.
- Free or reduced price alcoholic drinks on entry to premises.
- Loyalty card or other membership schemes enabling members to obtain discounted prices.
What’s been kept?
- “The Attorney General’s position, in respect of any category of licence, is that he will have little hesitation in referring a licensee to the Assembly if presented with evidence that advertising practices or drinks promotions have been or are being pursued which encourage, or are likely to encourage, customers to drink to excess.”
