SCHEDULES
SCHEDULE 1 Restrictions on Sunday opening of large shops
Interpretation
1
In this Schedule—
F10 “ alcohol ” has the same meaning as in the Licensing Act 2003,
“large shop” means a shop which has a relevant floor area exceeding 280 square metres,
“medicinal product” and “registered pharmacy” have the same meaning as in the M1Medicines Act1968,
“relevant floor area”, in relation to a shop, means the internal floor area of so much of the shop as consists of or is comprised in a building, but excluding any part of the shop which, throughout the week ending with the Sunday in question, is used neither for the serving of customers in connection with the sale of goods nor for the display of goods,
“retail customer” means a person who purchases goods retail,
“retail sale” means any sale other than a sale for use or resale in the course of a trade or business, and references to retail purchase shall be construed accordingly,
“sale of goods” does not include—
- a
the sale of meals, refreshments or F11alcohol for consumption on the premises on which they are sold, or
- b
the sale of meals or refreshments prepared to order for immediate consumption off those premises,
- a
“shop” means any premises where there is carried on a trade or business consisting wholly or mainly of the sale of goods, and
“stand”, in relation to an exhibition, means any platform, structure, space or other area provided for exhibition purposes.
F1Restrictions on Sunday opening hours of large shops
2
C11
Subject to sub-paragraphs (2) and (3) below, a large shop shall not be open on Sunday for the serving of retail customers.
2
Sub-paragraph (1) above does not apply in relation to—
a
any of the shops mentioned in paragraph 3(1) below, or
b
any shop in respect of which a notice under paragraph 8(1) of Schedule 2 to this Act (shops occupied by persons observing the Jewish Sabbath) has effect.
F33
Sub-paragraph (1) above does not apply in relation to the opening of a large shop during any continuous period of six hours on a Sunday beginning no earlier than 10 am and ending no later than 6 pm, but this sub-paragraph has effect subject to sub-paragraph (4) below.
4
The exemption conferred by sub-paragraph (3) above does not apply where the Sunday is Easter Day F9....
F85
Nothing in this paragraph applies where the Sunday is Christmas Day (the opening of large shops on Christmas Day being prohibited by section 1 of the Christmas Day (Trading) Act 2004).
Exemptions
3
1
The shops referred to in paragraph 2(2)(a) above are—
a
any shop which is at a farm and where the trade or business carried on consists wholly or mainly of the sale of produce from that farm,
b
any shop where the trade or business carried on consists wholly or mainly of the sale of F12alcohol,
c
any shop where the trade or business carried on consists wholly or mainly of the sale of any one or more of the following—
i
motor supplies and accessories, and
ii
cycle supplies and accessories,
d
any shop which—
i
is a registered pharmacy, and
ii
is not open for the retail sale of any goods other than medicinal products and medical and surgical appliances,
e
any shop at a designated airport which is situated in a part of the airport to which sub-paragraph (3) below applies,
f
any shop in a railway station,
g
any shop at a service area within the meaning of the M2Highways Act1980,
h
any petrol filling station,
j
any shop which is not open for the retail sale of any goods other than food, stores or other necessaries required by any person for a vessel or aircraft on its arrival at, or immediately before its departure from, a port, harbour or airport, and
k
any stand used for the retail sale of goods during the course of an exhibition.
C22
In determining whether a shop falls within sub-paragraph (1)(a), (b) or (c) above, regard shall be had to the nature of the trade or business carried on there on weekdays as well as to the nature of the trade or business carried on there on Sunday.
3
This sub-paragraph applies to every part of a designated airport, except any part which is not ordinarily used by persons travelling by air to or from the airport.
4
In this paragraph “designated airport” means an airport designated for the purposes of this paragraph by an order made by the Secretary of State, as being an airport at which there appears to him to be a substantial amount of international passenger traffic.
5
The power to make an order under sub-paragraph (4) above shall be exercisable by statutory instrument.
6
Any order made under section 1(2) of the M3Shops (Airports) Act 1962 and in force at the commencement of this Schedule shall, so far as it relates to England and Wales, have effect as if made also under sub-paragraph (4) above, and may be amended or revoked as it has effect for the purposes of this paragraph by an order under sub-paragraph (4) above.
Notice of proposed Sunday opening
F44
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Register of shops
F55
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Duty to display notice
6
At any time when—
a
a large shop is open on Sunday for the serving of retail customers, and
b
the prohibition in sub-paragraph (1) of paragraph 2 above is excluded only by sub-paragraph (3) of that paragraph,
a notice specifying F6the Sunday opening hours shall be displayed in a conspicuous position inside and outside the shop.
Offences
7
1
If paragraph 2(1) above is contravened in relation to a shop, the occupier of the shop shall be liable on summary conviction to a fine not exceeding £50,000.
2
If paragraph 6 above is contravened in relation to a shop, the occupier of the shop shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
F28
Where a person is charged with having contravened paragraph 2(1) above, in relation to a large shop which was permitted to be open for the serving of retail customers on the Sunday in question, by reason of his having served a retail customer after the end of the period during which the shop is permitted to be open by virtue of paragraph 2(3) above, it shall be a defence to prove that the customer was in the shop before the end of that period and left not later than half an hour after the end of that period.
Transitional provision
F79
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Sch. 1 para. 2 cross-heading substituted (27.2.2004) by Regulatory Reform (Sunday Trading) Order 2004 (S.I. 2004/470), arts. 1(1), 2(2)(a)