Draft Alcohol Licensing (Jersey) Law 202- (P.112/2025): second amendment

STATES OF JERSEY

DRAFT ALCOHOL LICENSING (JERSEY) LAW 202- (P.112/2025): SECOND AMENDMENT

Lodged au Greffe on 9th February 2026 by Deputy A.F. Curtis of St. Clement Earliest date for debate: 24th February 2026

STATES GREFFE

2025  P.112/2025 Amd.(2)

 DRAFT ALCOHOL LICENSING (JERSEY) LAW 202- (P.112/2025): SECOND AMENDMENT

PAGE 35, ARTICLE 22 –

In Article 22(1), after sub-paragraph (j) insert –

(k)  tap  water must  be  provided  without charge  to  any  customer  who requests it unless it cannot easily be supplied.

DEPUTY A.F. CURTIS OF ST. CLEMENT

REPORT

Summary

This amendment to P.112/2025 – Draft Alcohol Licensing (Jersey) Law 202-, seeks to insert a new general condition for on-licenses that they must provide tap water free of charge to a customer, unless it cannot easily be supplied.

Context

It may surprise some to know that our current Licensing Law does not provide a requirement on on-licence' holders to provide free tap water to customers. The day-to-day experience that most customers have is that this is happily provided to them, however there are rare occasions that this is not the case.

In the UK, The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 provides a mandatory condition' to provide that;

3. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

Likewise many other jurisdictions provide for free tap water in their legislation, although it should be noted that Northern Ireland currently does not.

The topic of free tap water has been raised in Jersey before in previous consultations on law changes, just one example of this is from the 2009 Licensing Law review.

8.4 Provision of Water

The Panel is concerned at anecdotal evidence that some licensed premises refuse to provide ordinary drinking water (tap water) to people in order to maintain their profit margin. The Panel would be prepared if this was considered a problem to consider including a provision either within the law or to recommend as a licensing condition that all customers should be provided with ordinary drinking water on request. A number of jurisdictions have included this including Queensland, Scotland and England and Wales, although the English Act allows licensees to charge for tap water on the basis that it is served'.

This review clearly predates the legislative changes in England. Exemptions

Like the English Law, I have proposed that there is a reasonableness' clause within the new condition – "it unless it is cannot easily be supplied".

The proposed general condition recognises there will be cases where water can't be provided, these may be temporary, such as a supply being disconnected, or permanent, such as a private water supply. Whilst I have not looked to explore all circumstances in detail, it remains sensible to include such a clause in my eyes.

Conclusion

In conclusion, it is considered that the inclusion of this new General Condition will provide customers greater confidence that they can request tap water in on-licensed premises. Including it in the Primary legislation makes it clear and easy to find for all involved, and will ensure on- license' holders know of their responsibilities.

I ask members to support this amendment.

Financial and staffing implications

There are no financial costs associated with this to be borne by Government.

Children's Rights Impact Assessment

I consider that this amendment has no direct or indirect impact on children and that the duty to have due regard to the UN Convention on the Rights of the Child does not arise. Accordingly, a Children's Rights Impact Assessment is not required under the Children (Convention Rights) (Jersey) Law 2022.