Business Licencing - An Important Consideration For Business Acquirers

The Royal Court of Jersey's decision in Klonowska v The Chief Minister (judgment dated 21 July 2016), the only reported case concerning the Control of Housing and Work (Jersey) Law 2012 (Law), highlights the distinction that can exist under the 2012 Law between business licensing and the employment of individuals with "Registered" status. This status relates to a person who, in essence, needs permission to be employed by virtue of not having lived in Jersey for 10 years or more, not being an "essential employee" for whom a license has been granted or not having lived in Jersey for five consecutive years.

In Klonowska, an application was made to the Population Office for a business license relating to the acquisition of an undertaking and for permission to work within it as Registered staff. Owing to a recent change in the Population Office's policy in relation to persons with Registered status owning undertakings, whilst there was no preclusion on ownership,