Business panel: Liquor licensing explained
In this week’s column from Ferbrache & Farrell LLP, senior court officer and paralegal Jana Valkovska looks
at liquor licensing
The sale and supply of alcohol in Guernsey and Herm is regulated by The Liquor Licensing (Guernsey) Ordinance, 2006 (the Ordinance).
It is an offence under the Ordinance for a person to sell alcohol unless they hold a licence.
There are different categories of liquor licence, depending on the purpose of the sale (i.e. a restaurant will need a different licence to a shop) and each category has defined permitted hours when alcohol can be sold.
A person or a ‘body corporate’ (typically a limited company) can become a licensee (i.e. hold the relevant licence), however if a body corporate applies for the licence, it is required to nominate an individual as its designated official who will be responsible for the conduct of it.
Straightforward/unopposed applications are heard in the ‘Liquor Licensing’ Court, which sits every Tuesday morning; the applicant must be present in court when the application is heard.
The applicant can make the application by themself – however, because there are certain requirements under the Ordinance that need to be complied with, it can be beneficial to instruct an advocate to help you in the process.
An advocate will ensure that you apply for the correct category of liquor licence and make sure all the relevant requirements are complied with to avoid any unnecessary delays with the application. Once the application is granted the licensee must remember that any changes made to the licence/the premises must be approved by the court.