SUNDAY TRADING LAW IN NORTHERN IRELAND
Information leaflet – SL1
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Versions of this leaflet in other languages and formats may be made available on
request:
Department for Social Development
Social Policy Unit
4th 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repealed and replaced the Sunday trading provisions of the 1946 Act to: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;
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b.
provided employment protection measures1 for shop employees in relation
to Sunday working; and
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repealed the other provisions of the 1946 Act (weekday closing hours,
conditions of employment etc) now considered to be out of date.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
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2
The corresponding law for England and Wales is contained in the Employment Rights Act 1996.
“Shop” is defined separately and more widely in Schedule 2 for employment protection purposes.
2
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
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;
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3.10
•
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.
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.
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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
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
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•
has been varied by agreement after the Order came into operation.
4.
REMOVAL OF RESTRICTIONS ON DAYS OTHER THAN SUNDAY
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.
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6.
ENQUIRIES
6.1
For enquiries about the Order, please contact:
General Sunday trading
aspects
Department for Social Development
Social Policy Unit
4th Floor, Lighthouse Building
1 Cromac Place
Gasworks Business Park
Ormeau Road
Belfast BT7 2JB
Employment aspects
Department for Employment & Learning
Relations Policy & Legislation Branch
Adelaide House
39-49 Adelaide Street
Belfast BT2 8FD
Tel: 028 9082 9521
Tel:
Fax: 028 9082 9539
Fax:
Email: social.policy@dsdni.gov.uk
7
028 9025 7580
028 9025 7555
Email: employment.rights@delni.gov.uk