Hawkers and Non-Resident Traders (Jersey) Law 1965

Jersey Law 9/1965 “HAWKERS AND NON-RESIDENT TRADERS (JERSEY) LAW, 1965”. CONFIRMÉ PAR Ordre de Sa Majesté en Conseil en date du 4 mai 1965. ____________ ( Enregistré le 25 juin 1965). ARRANGEMENT OF ARTICLES. Article PART I PRELIMINARY 1. Interpretation 2. Provisions as to licences PART II HAWKERS 3. Classification of hawkers 4. Prohibition on hawking 5. Restrictions on goods sold by licensed hawkers 6. Restriction on times of hawking 7. Prohibition on obstruction etc. 8. Exemptions PART III NON-RESIDENT TRADERS 9. Provisions as to non-resident traders 10. Power to obtain information PART IV GENERAL 11. Suspension and revocation of licences 12. Power to grant exemptions 13. Power to amend Schedules 14. Repeals 15. Transitional provisions 16. Short title and commencement First Schedule Second Schedule Third Schedule HAWKERS AND NON-RESIDENT TRADERS (JERSEY) LAW, 1965. ____________ A LAW to revise the Law relating to hawkers and non-resident traders, sanctioned by Order of Her Majesty in Council of the 4th day of MAY, 1965. ____________ ( Registered on the 25 th day of June , 1965). ____________ STATES OF JERSEY. ____________ The 21st day of January, 1965. ____________ T HE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law: - PART I PRELIMINARY ARTICLE 1 INTERPRETATION (1) In this Law, unless the context otherwise requires – “the Committee” means the Finance Committee; “hawker” means – ( a ) a person who goes from place to place or from door to door – (i) carrying, or causing to be carried, goods for the purpose of selling or offering or exposing for sale such goods; or (ii) for the purpose of seeking orders for goods to be subsequently delivered; ( b ) a person who, in any public place, takes or offers to take a photograph of any other person in that public place with a view to the subsequent sale to that other person of that photograph; ( c ) a person who, not being a resident or not having a place of business in the Island, goes from place to place or from door to door for the purpose of buying or offering to buy goods; “hawker’s licence” means a licence granted under Article 2 of this Law and for the time being in force authorizing the holder thereof to carry on business as a hawker; “intoxicating liquor” has the same meaning as in the Licensing (Jersey) Law, 1950 1 ; “licence” means a licence granted under this Law; “non-resident trader’s licence” means a licence granted under Article 2 of this Law and for the time being in force authorizing the holder thereof to carry on business as a non-resident trader; “public place” includes any street and also any public park, garden or sea-beach and any unenclosed ground to which the public has for the time being unrestricted access, and includes also any enclosed place, not being a public park or garden, to which the public has a restricted right of access, whether on payment or otherwise, if at or near every public entrance to such enclosed place there is conspicuously exhibited by the owners or persons having the control of that enclosed place a notice prohibiting hawking or any form thereof in the enclosed place, and the doorways and entrances of premises abutting on, and any ground adjoining and open to, a street shall be deemed to form part of the street; “resident” means a person born and residing in the Island, and a person born elsewhere than in the Island who has been ordinarily resident in the Island for the twelve months immediately preceding the date of the application for a licence; “street” includes any road, roadway, lane, subway, tunnel, bridge, square, court, alley or passage, whether a thoroughfare or not, which is for the time being open to the public. (2) References in this Law to any other enactment shall be construed as references to that enactment as amended by any subsequent enactment. ARTICLE 2 PROVISIONS AS TO LICENCES (1) An application for the grant of a licence shall be in the form set out in respect of the appropriate category of licence in Part I of the First Schedule to this Law and shall be delivered to the Committee not less than fourteen days before the day on which the applicant desires the licence to come into force, and shall be accompanied – ( a ) by a remittance for the fee, specified in the Second Schedule to this Law, appropriate to the class or category of licence for which application is made; and ( b ) in the case of an application – (i) for the grant of a hawker’s licence of the first class, by a certificate in the form set out in Part II of the First Schedule to this Law signed by the Constable of the parish in which the applicant resides; (ii) for the grant of a hawker’s licence of the second, third or fourth class, or of a non-resident trader’s licence, by a certificate signed by the mayor or the chief officer of police of the last place of residence of the applicant to the effect that the applicant is known to have been of good repute for the period of twelve months immediately preceding the date of the application. (2) A licence shall not be granted in any case where – ( a ) the Committee is not satisfied that the certificate furnished in pursuance of sub-paragraph ( b ) of paragraph (1) of this Article shows the applicant to be a fit and proper person to hold a licence; ( b ) the applicant has, within the twelve months immediately preceding the date of his application for the grant of a licence, been convicted of an offence by any court: Provided that this sub-paragraph shall not apply to an offence, not being an offence under this Law, in respect of which no sentence of imprisonment may be imposed. (3) A licence shall be in the form set out in relation to the category of licence in Part III of the First Schedule to this Law and, except in the case of a hawker’s licence of the third or fourth class, shall specify the nature of the goods which the holder of the licence is permitted to sell or offer or expose for sale. (4) A licence, unless previously suspended or revoked, shall remain in force until the thirty-first day of December next following the day on which it was granted. (5) The Committee shall cause to be kept a register of the holders of licences and the register shall be open to inspection, free of charge, at all reasonable times by any member of the public. (6) The Committee may appoint such other authority as it thinks fit to grant licences on its behalf and may pay to such other authority, out of the fees received for the grant of licences, such sum as may be agreed between the Committee and the authority so appointed, to cover the costs involved in the granting of licences. (7) Where, by virtue of paragraph (6) of this Article, another authority is appointed – ( a ) the Committee shall publish in the Jersey Gazette a notice of the appointment of such other authority; ( b ) the provisions of this Article, other than paragraph (6) and sub-paragraph ( a ) of this paragraph, shall have effect as if for references to the Committee there were substituted references to such other authority. (8) Where an application for the grant of a licence is refused or withdrawn, the amount of the remittance accompanying the application shall be refunded to the applicant. (9) The holder of – ( a ) a hawker’s licence shall produce his licence for inspection forthwith on being required so to do – (i) by any police officer; and (ii) by any person approached by him in the course, and for the purposes, of his business as a hawker; ( b ) a non-resident trader’s licence shall keep his licence displayed in a prominent position in the premises used by him for the purposes of his trade. (10) The holder of a licence who fails to comply with the provisions of paragraph (9) of this Article shall be liable to a fine of five pounds. PART II HAWKERS ARTICLE 3 CLASSIFICATION OF HAWKERS For the purposes of this Law, there shall be four classes of hawker licensed as such by or on behalf of the Committee, that is to say – ( a ) a resident hawker who shall be a hawker of the first class; ( b ) a hawker, not being a resident hawker, within the meaning of sub-paragraph ( a ) of paragraph (1) of Article 1 of this Law who shall be a hawker of the second class; ( c ) a hawker, not being a resident hawker, within the meaning of sub-paragraph ( b ) of paragraph (1) of Article 1 of this Law who shall be a hawker of the third class; ( d ) a hawker within the meaning of sub-paragraph ( c ) of paragraph (1) of Article 1 of this Law who shall be a hawker of the fourth class. ARTICLE 4 PROHIBITION ON HAWKING (1) Subject to the provisions of Article 8 of this Law, no person shall carry on the business of a hawker unless he is the holder of a hawker’s licence of the appropriate class. (2) Any person who, in contravention of the provisions of paragraph (1) of this Article – ( a ) carries on the business of a hawker of the first class, shall be liable to a fine not exceeding twenty pounds; ( b ) carries on the business of a hawker of the second class, shall be liable to a fine not exceeding one hundred pounds; ( c ) carries on the business of a hawker of the third class, shall be liable to a fine not exceeding forty pounds; ( d ) carries on the business of a hawker of the fourth class, shall be liable to a fine not exceeding one hundred pounds; and, in the case of a second or subsequent offence under this Article, shall be liable to a fine not exceeding twice the maximum fine to which he was liable for the first such offence or to imprisonment for a term not exceeding one month or to both such fine and such imprisonment. ARTICLE 5 RESTRICTIONS ON GOODS SOLD BY LICENSED HAWKERS (1) A licensed hawker shall not sell or offer or expose for sale – ( a ) any tobacco or intoxicating liquor; ( b ) any goods other than goods of the nature specified in his licence. (2) A licensed hawker who acts in contravention of the provisions of this Article shall be liable, in the case of a first offence, to a fine not exceeding ten pounds and, in the case of a second or subsequent offence, to a fine not exceeding fifty pounds: Provided that where an offence under this Article is also a contravention of the provisions of Article 4 of this Law for which a greater penalty is provided, the licensed hawker shall be proceeded against under the said Article 4. ARTICLE 6 RESTRICTION ON TIMES OF HAWKING (1) Subject to the provisions of paragraph (2) of this Article, a licensed hawker shall not – ( a ) carry on the business of hawking on any Sunday or on Good Friday or Christmas Day; ( b ) go from place to place, or from door to door, for the purpose of hawking – (i) during the period from the first day of October to the thirtieth day of April, at any time between the hours of six o’clock in the evening and eight o’clock in the morning; (ii) during the period from the first day of May to the thirtieth day of September, at any time between the hours of nine o’clock in the evening and eight o’clock in the morning. (2) The provisions of sub-paragraph ( a ) of paragraph (1) of this Article, in so far as they relate to Sundays, shall not apply to the holder of a licence authorizing only the hawking of – ( a ) ice-cream; or ( b ) milk produced in the Island. (3) Any person who acts in contravention of the provisions of this Article shall be liable, in the case of a first offence, to a fine not exceeding twenty pounds and, in the case of a second or subsequent offence, to a fine not exceeding fifty pounds. ARTICLE 7 PROHIBITION ON OBSTRUCTION ETC (1) A licensed hawker shall not station, or cause or allow to be stationed, in any public place, any bicycle, tricycle, hand-cart, barrow or other vehicle, or any container or other thing whatsoever used by him for, or in connexion with, his business as a hawker, in such manner as to obstruct the free and unhindered passage of persons or vehicles. (2) A licensed hawker – ( a ) of the first or second class shall not importune any person to buy his goods; ( b ) of the first or third class shall not importune any person to have a photograph taken; ( c ) of the first or fourth class shall not importune any person to sell him any goods; or, in any manner, cause inconvenience to, or molest any person. (3) A licensed hawker of the first or third class shall not demand or receive any fee or reward against a promise subsequently to deliver any photograph. (4) A licensed hawker who acts in contravention of the provisions of this Article shall be liable to a fine of five pounds. ARTICLE 8 EXEMPTIONS The provisions of Article 4 of this Law shall not apply – ( a ) to a resident who hawks only flowers, vegetables, other produce of the soil or fish; ( b ) to a resident or to a person not being a resident to whom the provisions of paragraph (1) of Article 9 of this Law do not apply by virtue of the provisions of paragraph (2) thereof, having a shop, store or other place of business in the Island who calls on any person for orders, or for soliciting orders, for goods to be subsequently delivered; ( c ) to any person who – (i) calls on, or sells to, other persons who are themselves tradesmen in the same kind of goods which he offers for sale; or (ii) for the purpose of soliciting orders for medical or surgical appliances, furniture or instruments, or for pharmaceutical preparations or drugs, calls at hospitals or nursing homes or on medical practitioners, dentists, opticians or veterinary surgeons; or (iii) for the purpose of advising on, fitting or selling medical appliances or appliances for the correction of defects of hearing or sight, attends at the premises of an optician or pharmaceutical chemist or, by invitation of any person, at the place of abode of that person; ( d ) to any person who calls on tradesmen for the purpose only of soliciting orders for packing materials or shop fittings; ( e ) to any person who sells daily or periodical newspapers in any public place; ( f ) to any person who sells or solicits orders for goods manufactured by his own handiwork or to persons acting on behalf of any such person; ( g ) to any person engaged in trading under and in accordance with a permit granted by virtue of Regulation 3 of the Policing of Beaches (Jersey) Regulations, 1959, 2 or under Regulation 4 of the Policing of Parks (Jersey) Regulations, 1962, 3 or under Regulation 29 of the Harbours (Jersey) Regulations, 1962, 4 in respect of such trading. PART III NON-RESIDENT TRADERS ARTICLE 9 PROVISIONS AS TO NON-RESIDENT TRADERS (1) Subject to the provisions of paragraph (2) of this Article, a person who is not a resident shall not use any place for the purpose of – ( a ) selling or offering or exposing for sale at that place goods brought into the Island to be sold; or ( b ) offering for sale, according to samples or catalogues there displayed or otherwise submitted, goods to be brought into the Island; unless he is the holder of a non-resident trader’s licence. (2) The provisions of paragraph (1) of this Article shall not apply to a person – ( a ) who uses any place by virtue of – (i) his being the owner thereof; or (ii) a lease or tenancy agreement for a term certain exceeding six months; ( b ) who uses any place for the purpose of selling or offering or exposing for sale goods brought, or to be brought, into the Island, only to persons who are themselves tradesmen in the same kind of goods as those which he sells or offers or exposes for sale. (3) The provisions of Article 2 of this Law shall apply to non-resident trader’s licences. (4) The holder of a non-resident trader’s licence shall not sell or offer or expose for sale goods other than goods of the nature specified in his licence. (5) Any person who acts in contravention of the provisions of this Article shall be liable, in the case of a first offence, to a fine not exceeding two hundred pounds and, in the case of a second or subsequent offence, to a fine not exceeding five hundred pounds or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. ARTICLE 10 POWER TO OBTAIN INFORMATION (1) If the Bailiff is satisfied by information given on oath that there is reasonable ground to believe that an offence against this Part of this Law has been committed, he may, in his discretion, grant a warrant authorizing any person named in the warrant, for the purpose of obtaining any information or evidence in relation to the commission of any such offence, to require any person – ( a ) to produce any records or documents in his possession, or under his control, and to allow copies of or extracts from any such records or documents to be made; ( b ) to furnish any information or particulars that may be required of him, not being information or particulars tending to incriminate him. (2) Any person who – ( a ) wilfully resists, obstructs, hinders, deceives or attempts to deceive, any person who is exercising any power under this Article; ( b ) wilfully makes any false or misleading statement or any material omission in any information or particulars furnished under this Article; ( c ) fails to comply in any respect with the requirements of this Article; or ( d ) aids, abets, counsels or procures, or is in any way knowingly concerned with the commission of any such offence as aforesaid; shall be liable to a fine not exceeding two hundred pounds. PART IV GENERAL ARTICLE 11 SUSPENSION AND REVOCATION OF LICENCES (1) Where, in any proceedings for an offence under this Law, the court is of the opinion that a licence should be suspended or revoked, the court may, in addition to any penalty imposed in respect of the offence, direct that – ( a ) the licence shall be suspended for such period as the court may think fit; or ( b ) the licence shall be revoked; and the Committee or, as the case may be, an authority appointed by virtue of paragraph (6) of Article 2 of this Law shall give effect to the direction of the court. (2) For the purposes of Article 14 of the Police Court (Miscellaneous Provisions) (Jersey) Law, 1960, 5 a direction of the court under paragraph (1) of this Article shall be deemed to form part of the sentence. (3) The Committee may, at any time, revoke, suspend or vary a licence, and any person aggrieved by the revocation, suspension or variation of the licence may, within the twenty-eight days next following the day on which notice of the decision of the Committee revoking, suspending or varying the licence was served on him, appeal to the Inferior Number of the Royal Court, in term or in vacation, on the ground that the decision was unreasonable having regard to all the circumstances of the case. (4) A decision of the Inferior Number of the Royal Court under this Article shall be final and without appeal. ARTICLE 12 POWER TO GRANT EXEMPTIONS (1) The Committee may, at its absolute discretion, grant exemptions from all or any of the provisions of this Law in the case of any person or class of persons, and may attach to any exemption such conditions as it thinks fit and may vary such conditions at any time or withdraw the exemption. (2) Any person who contravenes or fails to comply with any condition attached to any exemption granted by virtue of paragraph (1) of this Article shall be liable, in the case of a first offence, to a fine not exceeding fifty pounds and, in the case of a second or subsequent offence, to a fine not exceeding one hundred pounds. ARTICLE 13 POWER TO AMEND SCHEDULES The States may make Regulations modifying the forms set out in the First Schedule to this Law and amending the fees set out in the Second Schedule to this Law. ARTICLE 14 REPEALS The enactments set out in the Third Schedule to this Law are hereby repealed. ARTICLE 15 TRANSITIONAL PROVISIONS A licence granted under the “Loi (1937) sur les Colporteurs et Marchands non-résidents”, 6 and subsisting at the date on which this Law comes into force shall have effect as if it were a licence of the appropriate class granted under this Law and shall remain in force until the thirty-first day of December next following that date. ARTICLE 16 SHORT TITLE AND COMMENCEMENT (1) This Law may be cited as the Hawkers and Non-Resident Traders (Jersey) Law, 1965. (2) This Law shall come into force on the first day of the month next following that in which it is promulgated. SCHEDULES FIRST SCHEDULE (Article 2) PART I FORM OF APPLICATION FOR A HAWKER’S LICENCE 1. I ......................................................................................................... (state full name) of ................................................................................................................. (state full postal address) hereby apply for the grant of a hawker’s licence of the .............................. class. 2. (to be completed only where the application relates to a licence of the first or second class) It is my intention, in the event of the licence now applied for being granted, to hawk the following goods: - ......................................................... ......................................................... ......................................................... 3. Dated this ............................... day of ........................, 19......... ................................................................. (Signature of applicant). FORM OF APPLICATION FOR A NON-RESIDENT TRADER’S LICENCE 1. I ......................................................................................................... (state full name) of ................................................................................................................ (state full postal address) hereby apply for the grant of a non-resident trader’s licence. 2. It is my intention, in the event of the licence now applied for being granted, to trade in the Island at .............................................................. ........................................................ (state address of place) in the following goods: - ......................................................... ......................................................... 3. Dated this ............................... day of ........................, 19......... .............................................................. (Signature of applicant). PART II CERTIFICATE TO ACCOMPANY APPLICATIONS FOR A HAWKER’S LICENCE OF THE FIRST CLASS I, the undersigned, Constable of the Parish of .................................. certify that ....................................... of ...................................................... (state full name) (state full address) in this Parish is a person of good repute to whom a hawker’s licence of the first class may fittingly be granted. ................................................ (Signature of Constable) Dated this ..................................... day of ................................., 19....... PART III HAWKER’S LICENCE 1. .................................................................................................................. (state full name) of ................................................................................................................. (state full address) is hereby authorized, under and in accordance with the provisions of the Hawkers and Non-Resident Traders (Jersey) Law, 1965, to carry on the business of a hawker of the ...............................................................class. 2. (see note) The holder of this licence is authorized to hawk only the following goods : - ............................................................... .................................................................. Note . Section 2 to be completed only in the case of a licence of the first or second class and, in the case of a licence of the first class granted in respect of the taking of photographs in public places, the words “to take photographs in public places” are to be substituted for the words “to hawk only the following goods”. 3. This licence, unless previously suspended or revoked, shall remain in force up to and including the thirty-first day of December, one thousand nine hundred and .......................................................................... .............................................................................. (Signature and status of issuing officer) Dated this ..................................... day of ................................, 19....... NON-RESIDENT TRADER’S LICENCE 1. .......................................................................................................... (state full name) of ................................................................................................................. (state full address) is hereby authorized to carry on business as a non-resident trader at................................................................................................................... (state address of place where business will be carried on) in the following goods : - ......................................................... ......................................................... 2. This licence, unless previously suspended or revoked, shall remain in force up to and including the thirty-first day of December, one thousand nine hundred and .......................................................................... ......................................................................... (Signature and status of issuing officer) Dated this ..................................... day of ...................................., 19....... SECOND SCHEDULE (Article 2) FEES TO BE PAID 1. On an application for a hawker’s licence – ( a ) of the first class ... ... ... ten pounds. (b) of the second class ... ... ... fifty pounds. (c) of the third class ... ... ... twenty pounds. ( d ) of the fourth class ... ... ... fifty pounds. 2. On an application for a non resident trader’s licence ... ... ... ... ... one hundred pounds. THIRD SCHEDULE (Article 14) ENACTMENTS REPEALED Loi (1937) sur les Colporteurs et Marchands non-résidents. 7 Loi (1938) modifiant la Loi (1937) sur les Colporteurs et Marchands non-résidents. 8 Loi (1952) (Amendement No. 2) sur les Colporteurs et Marchands non-résidents. 9 Loi (1954) (Amendement No. 3) sur les Colporteurs et Marchands non-résidents. 10 Loi (1959) (Amendement No. 4) sur les Colporteurs et Marchands non-résidents. 11 A.D. LE BROCQ, Greffier of the States. 1 Tome 1949–1950, page 441. 2 R. & O. No. 4045. 3 R. & O. No. 4332. 4 R. & O. No. 4338. 5 Tome 1957–1960, page 600. 6 Tome 1937–1938, page 45. 7 Tome 1937–1938, page 45. 8 Tome 1937–1938, page 447. 9 Tome 1951–1953, page 187. 10 Tome 1954–1956, page 197. 11 Tome 1957–1960, page 415.