Constable Steve Pallett initially lodged a proposition earlier this year calling for a board of seven States Members to form the new Licensing Authority, replacing the existing ‘bench’, which comprises the Bailiff and several Jurats.
In response to that, Senator Sir Philip Bailhache lodged an amendment calling for a Magistrate and two lay persons – rather than politicians – to make up the new board.
Sir Philip argued that Mr Pallett’s proposition, as it stood, breached article six of the European Convention on Human Rights – the right to a fair trail.
He claimed that this was because the new authority would not be an ‘independent and fair tribunal’ due to potential political influence from its members.
Mr Pallett, who is an assistant minister in the Economic Development Department, has now relodged his proposals – which were withdrawn to allow the Economic Affairs Scrutiny Panel to complete a review – without any amendments.
A statement in the proposition says: ‘In the view of the assistant minister… the provisions of the Draft Liquor Licensing (Jersey) Law are compatible with the Convention Rights.’
An appendix in the proposition written by the Law Officers’ Department says that the draft law is human rights compliant because the new authority’s decisions can be appealed in the Royal Court.
The proposition is due to be debated on 30 January.
