SUNDAY TRADING LAW IN NORTHERN IRELAND Information leaflet SL1
Alternative formats Versions of this leaflet in other languages and formats may be made available on request: Department for Social Development Social Policy Unit 4 th Floor, Lighthouse Building 1 Cromac Place Gasworks Business Park Ormeau Road Belfast BT7 2JB Tel: 028 9082 9521 Fax: 028 9082 9539 Email: social.policy@dsdni.gov.uk
THE SHOPS (SUNDAY TRADING &c.) (NORTHERN IRELAND) ORDER 1997 1. INTRODUCTION 1.1 It is hoped this brief summary of the main provisions of the Shops (Sunday Trading &c.) (Northern Ireland) Order 1997 will prove useful. This can be accessed at www.statutelaw.gov.uk. It is, however, intended for general information only and should not be treated as a complete or authoritative statement of the law. 2. SUMMARY OF PROVISIONS 2.1 The Order replaced the Shops Act (NI) 1946 on 4 December 1997. It brought the Northern Ireland shops law broadly into line with the corresponding law in England and Wales, the Sunday Trading Act 1994, and: a. repealed and replaced the Sunday trading provisions of the 1946 Act to: - remove the 1946 Act's restrictions on the goods which may be sold in shops on Sunday; - allow small shops (those with a relevant floor area of not more than 280 square metres) to open at any time on Sunday; - allow most large shops (those with a relevant floor area of more than 280 square metres) to open at any time between 1pm and 6pm on Sunday (other than Easter Sunday or when Christmas Day falls on a Sunday); - allow District Councils to designate any areas as holiday resorts; large shops in designated holiday resorts may open at any time on Sunday on up to 18 Sundays (other than Easter Sunday) between 1 March and 30 September in any calendar year; - allow certain large shops to trade without restrictions on Sunday; - give District Councils powers to prevent undue annoyance to local residents from deliveries to certain large shops early on Sunday mornings; b. provided employment protection measures 1 for shop employees in relation to Sunday working; and 1 The corresponding law for England and Wales is contained in the Employment Rights Act 1996. 1
c. repealed the other provisions of the 1946 Act (weekday closing hours, conditions of employment etc) now considered to be out of date. 2.2 District councils are responsible for enforcement of the Sunday trading provisions of the Order. Enforcement of the new employment rights is by way of a complaint to an industrial tribunal. 3. SUNDAY TRADING PROVISIONS 3.1 The Order sets out new provisions governing which shops may open and for how long on Sunday in Northern Ireland. Definition of shop 2 3.2 Shop is defined in Article 2(2) of the Order as any premises where a trade or business is carried on consisting wholly or mainly of the sale of goods. The definition excludes premises where the sale of goods is a minor element of the business (eg a guest house selling postcards) and premises which offer a service, such as hairdressers or shoe repair outlets. 3.3 Article 2(2) also provides that the sale of goods does not include the sale of meals, refreshments or intoxicating liquor for consumption on the premises on which they are sold, or the sale of meals or refreshments prepared to order for immediate consumption off those premises. Restaurants, take-away food outlets and public houses are, therefore, also excluded from the definition of a shop and are not subject to the Order s Sunday trading restrictions. Shops selling wholly or mainly intoxicating liquor are excluded by Article 4. Small shops 3.4 Small shops, those with a relevant floor area of not more than 280 square metres, may open at any time on Sundays. 3.5 Relevant floor area is defined in Article 2(2) as being the internal floor area of so much of the shop consisting of or comprised in a building but excluding any part which, throughout the week ending with the Sunday in question, is not used either for the serving of customers in connection with the sale of goods or for the display of goods. The reference to the week ending with the Sunday in 2 Shop is defined separately and more widely in Schedule 2 for employment protection purposes. 2
question is intended to prevent a large shop reducing its size on a Sunday by cordoning off part of its sales area. Large shops - general prohibition on Sunday opening 3.6 A large shop is defined in Article 2(2) as a shop with a relevant floor area of more than 280 square metres. Under Article 3, large shops are prohibited from opening on Sunday for the serving of retail customers unless exempt under Articles 4, 5 or 6. 3.7 The occupier of a shop opening on Sunday in contravention of Article 3 will be guilty of an offence and liable on summary conviction to a fine of up to 50,000. 3.8 Where a large shop is open under the provisions of Article 5 (the 1pm - 6pm exemption) and a customer is served after 6pm, it is a defence that the customer was in the shop before 6pm and left the shop by 6.30pm. Exemption for certain kinds of large shops 3.9 Article 4 lists specific types of shops which are exempt from the general prohibition on Sunday opening of large shops: any farm shop selling wholly or mainly produce from that farm; any shop selling wholly or mainly intoxicating liquor; any shop selling wholly or mainly any one or more of the following - motor supplies and accessories and cycle supplies and accessories; any registered pharmacy, but only for the sale of medicinal products and medical and surgical appliances; any airport shop situated in a part of the airport ordinarily used by people travelling to or from the airport by air; any shop in a railway station or bus station; any shop at a motorway service area; any petrol filling station; any shop open for the retail sale of only food, stores or other necessaries required for a vessel or aircraft when it arrives at, or immediately before its departure from a port, harbour or airport; and any exhibition stand from which goods are sold retail. 3
3.10 Article 4(2) provides that, in determining whether a shop can qualify for an exemption as a farm shop, an off-licence or a motor or cycle supplies and accessories shop, regard must be taken of the activities carried on there on weekdays as well as Sunday. This is intended to prevent a shop trading as, for example, a farm shop on Sunday to make use of an exemption in Article 4 and as something else during the rest of the week. Permitted Sunday opening hours for other large shops 3.11 Article 5 enables other large shops to open at any time between 1pm and 6pm on Sunday. This exemption does not apply on Easter Sunday or when Christmas Day falls on a Sunday. Additional Sunday opening hours for large shops in holiday resorts 3.12 Article 6 enables a District Council to designate any area in its district as a holiday resort. 3.13 In designated holiday resorts, large shops may open for retail trade at any time on up to 18 Sundays (other than Easter Sunday) between 1 March and 30 September in any calendar year. This exemption is in addition to that available to large shops under Article 5. 3.14 To make use of this exemption, the occupier or proposed occupier of a large shop must notify the local District Council of the dates of the Sundays involved. The notification does not take effect until 14 days from the date it is given, unless the Council agrees that it should come into effect earlier. 3.15 A District Council must maintain a register of shops in its district making use of this exemption and make the register available to the public at all reasonable times. The register, which may be kept by means of a computer, must contain the name (if any) and address of the shop, and the Sundays notified. District Councils powers on loading and unloading 3.16 Article 7 and Schedule 1 give District Councils powers to prevent undue annoyance to local residents from deliveries to certain large shops early on Sunday mornings. 3.17 Under Article 7, a District Council may designate its district as a loading control district. 3.18 In a loading control district, deliveries to certain large shops are subject to the restrictions on loading and unloading of goods in Schedule 1. The Schedule applies to any large shops in loading control districts other than those shops 4
exempt under Article 4(1) from the Order s restrictions on Sunday trading. It prohibits the loading or unloading of goods from a vehicle at a shop to which it applies before 9am on Sunday mornings unless the local District Council has given its consent to the occupier of the shop. 3.19 An application for a consent must be made in writing to the District Council. The applicant is also required to pay a fee set by the Council. 3.20 In a loading control district, the loading or unloading of goods before 9am on Sunday other than in accordance with a consent granted by the District Council is an offence and the occupier of the shop concerned will be liable on summary conviction to a fine of up to level 3 on the standard scale, currently 1000. Enforcement 3.21 District Councils enforce the Sunday trading provisions in Articles 3 to 7 of, and Schedule 1 to, the Order. 3.22 A Council inspector has a right of entry, with or without a constable, at all reasonable hours to any premises within the district of the Council to establish whether there is or has been a breach of the relevant provisions of the Order. An inspector must produce, if required, some duly authenticated document showing his authority. 3.23 Anyone who intentionally obstructs an inspector is liable on summary conviction to a fine of up to level 3 on the standard scale, currently 1000. Leases 3.24 Article 10 provides that certain leases or agreements, entered into before the Order came into operation, which require the occupier of a shop to open during normal business hours or to open otherwise than with the occupier's consent, cannot oblige the occupier to open the shop on Sunday. 3.25 These provisions do not affect any lease or agreement which: refers specifically to Sunday trading which would have been lawful under Part I of the 1946 Act; or has been varied by agreement after the Order came into operation. 4. REMOVAL OF RESTRICTIONS ON DAYS OTHER THAN SUNDAY 5
4.1 Article 13 repeals the 1946 Act s restrictions on the closing hours of shops on days other than Sunday. There are, therefore, no restrictions on the trading hours of shops from Monday to Saturday. 5. EMPLOYMENT PROVISIONS New rights for shop workers 5.1 Article 11 and Schedule 2 provide employment rights for shop workers, except those contracted to work only on Sundays. They aim to ensure that shop workers are not compelled to work on Sundays against their wishes. The new rights apply irrespective of age, length of service or hours of work. 5.2 The Schedule provides that dismissal of a shop worker (including dismissal for reasons of redundancy) is unfair if the reason for it was the worker's refusal to work on Sundays. It also provides the right not to suffer any other detriment (such as denial of normal promotion or training opportunities, or refusal to pay seniority bonuses etc) for refusing to work on Sundays. 5.3 All shop workers employed when the Order came into operation are automatically eligible for these rights. Those who enter into a contract of employment requiring Sunday working after the commencement date will be able to "opt out" of Sunday working subject to giving the employer three months notice. 5.4 Enforcement of the employment rights is by way of complaint to an industrial tribunal. Repeal of 1946 Act s employment provisions 5.5 Article 13 repealed the 1946 Act s provisions on conditions of employment for shop workers. 6. ENQUIRIES 6
6.1 For enquiries about the Order, please contact: General Sunday trading aspects Employment aspects Department for Social Development Department for Employment & Learning Social Policy Unit Relations Policy & Legislation Branch 4 th Floor, Lighthouse Building Adelaide House 1 Cromac Place 39-49 Adelaide Street Gasworks Business Park Belfast BT2 8FD Ormeau Road Belfast BT7 2JB Tel: 028 9082 9521 Tel: 028 9025 7580 Fax: 028 9082 9539 Fax: 028 9025 7555 Email: social.policy@dsdni.gov.uk Email: employment.rights@delni.gov.uk 7