Draft Alcohol Licensing (Jersey) Law 202- (P.112/2025): fourth amendment (P.112/2025 Amd.(4)) – amendment
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STATES OF JERSEY
DRAFT ALCOHOL LICENSING (JERSEY) LAW 202- (P.112/2025): FOURTH AMENDMENT (P.112/2025 Amd.(4)) – AMENDMENT
Lodged au Greffe on 4th March 2026
by the Economic and International Affairs Scrutiny Panel Earliest date for debate: 24th March 2026
STATES GREFFE
2025 P.112/2025 Amd.(4)Amd.
DRAFT ALCOHOL LICENSING (JERSEY) LAW 202- (P.112/2025): FOURTH AMENDMENT (P.112/2025 AMD.(4)) – AMENDMENT
PAGE 2, AMENDMENT 3 –
In Amendment 3, in inserted Article 3(2), delete sub-paragraph (f).
ECONOMIC AND INTERNATIONAL AFFAIRS SCRUTINY PANEL
REPORT
Summary
The Economic and International Affairs Scrutiny Panel (the Panel) has lodged this amendment, which proposes the removal of the Attorney General as a named member of the Alcohol Policy Group.
Introduction
The Panel is supportive of the overarching intention of the Draft Alcohol Licensing (Jersey) Law 202- [P.112/2025], which aims to modernise Jersey's alcohol licensing regime. However, the Panel considers that the appointment of the Attorney General as a member of the Alcohol Policy Group established under the Draft Law would blur the distinction between independent legal oversight and political decision making.
Background
Within the Minister for Sustainable Economic Development's report accompanying the original proposition of the Draft Law, he explained that a significant reform proposed is the transfer of alcohol policy under the draft Law from the responsibility of the Attorney General and Licensing Assembly to the Government and States Assembly.
The Minister's initial Draft Law (unamended) outlined that this shift in responsibility would be overseen by an "Alcohol Policy Ministerial Group",[1] comprising the Minister for Sustainable Economic Development (as Chair), the Minister for Health and Social Services, the Minister for Justice and Home Affairs, the Attorney General, and a representative of the Comité des Connétable s.
During the debate on the Principles of P.112/2025, Members sought further clarity on how alcohol policy would be developed under these new arrangements. In particular, questions were raised regarding whether the Alcohol Policy Ministerial Group should operate under statutory guiding principles to ensure clear direction within primary legislation and to promote longterm policy stability. In response to these concerns, the Minister set out a revised definition of the Alcohol Policy Group's membership in his amendment (fourth amendment) as follows:
- the Minister for Sustainable Economic Development who chairs the Group;
- the Minister for Justice and Home Affairs;
- the Minister for Health and Social Services;
- the Connétable of St. Helier ;
- another Connétable nominated by the Comité des Connétable s; and
- the Attorney General.
The Panel is concerned that the intended shift of responsibility for alcohol policy away from the Attorney General and the Licensing Assembly to the newly constituted Alcohol Policy Group is not fully realised if the Attorney General remains a member of that Group. In the Panel's view, this risks diluting and potentially undermines the objective of creating a distinct policymaking body separate from the previous arrangements.
The Panel considers that membership of the Alcohol Policy Group should be limited to Ministers (as it was initially designated in the Minister's original proposition as Alcohol Policy Ministerial Group) and Constables as it considers that policy direction in this area should be set by elected Members, who are democratically accountable for their decisions. On this basis, the Panel does not believe that the Attorney General should form part of the Group, noting that legal advice can be provided through established advisory channels without requiring formal membership. This approach would ensure that responsibility for policy development remains solely within the remit of elected Ministers.
During the Panel's Public Review Hearing with the Jersey Hospitality Association, the Association similarly expressed the view that, although legal advice is an essential component of robust policy formulation, it does not necessitate the Attorney General's direct involvement in the Group's deliberations. Furthermore, the Association highlighted that feedback it had received with regards to the Alcohol Policy Group was that "from a ministerial level keep it tight".[2]
The Panel acknowledges that it would remain possible for the Alcohol Policy Group to seek advice from the Attorney General, as required, indeed, the Panel would expect that the Attorney General would be consulted where necessary.
Conclusion
In bringing forward this amendment, the Panel has sought to ensure that the Draft Alcohol Licensing (Jersey) Law 202- establishes an appropriately constituted Alcohol Policy Group to advise the Council of Ministers on the development of an Alcohol Policy Framework. The proposed removal of the Attorney General as named member of the Alcohol Policy Group reflects the Panel's careful assessment for the need to demonstrate that matters of policy are fully and solely within the ambit of the Executive.
Overall, the amendment strengthens the governance framework surrounding alcohol policy development and reinforces democratic accountability. The Panel therefore encourages States Members to support this amendment so that the Alcohol Policy Group and the Alcohol Policy Framework it produces, commands public and industry confidence.
Financial and staffing implications
The proposed amendment is not expected to have any immediate financial or staffing impact.
Children's Rights Impact Assessment
The Panel considers that this proposition (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.