Sunday Trading
The Shops (Sunday Trading) (Northern Ireland) Order 1997 allowed large shops to open on Sunday, subject to certain conditions. A large shop is a shop with a floor area of more than 280 square metres.
Large shops were not open on Sunday except in accordance with the below conditions. The occupier is liable on summary conviction to a fine of up to £50,000.
There were exemptions to the following large shops:
- Shops at a farm where the trade or business carried on consists wholly and mainly of the sale of produce from the farm.
- Shops where the trade or business consists wholly or mainly of the sale of intoxicating liquor.
- Shops where the trade or business consists wholly or mainly of motor supplies and cycle supplies and accessories.
- Registered pharmacies.
- Shops open for the retail sale of medicinal products and medical, surgical appliances only.
- Shops at an airport.
- Shops in a railway station or bus station.
- Shops in a service area.
- Any petrol filling station.
- Shops not open for the retail sale of goods other than food, stores, and necessaries required by a person for a vessel or aircraft on its arrival or before departure at a port, harbour, or airport.
- Stands used for the retail sale of goods during an exhibition.
Large shops may open between 1 p.m. and 6 p.m. on a Sunday. This does not apply to Easter Sunday or Christmas Day.
Large shops in holiday resorts are allowed additional Sunday opening. An occupier of a large shop may give notice to the district council specifying the Sundays in the year that the prohibition is not to apply in relation to that shop.
These may not be Easter Sunday; Sunday occurring before 1 March or after 30th September in every calendar year or more than 18 Sundays in any calendar year.
The notice is not to take effect until a fortnight has elapsed. It may be amended by a later notice or by a subsequent occupier.
District councils are to keep a register of shops in respect of which notices are kept. The provisions only apply to shops in areas designated as a holiday resort by the district council by resolution. A district council may, by resolution, designate its district as a loading control district.
This designation may be revoked. It is to consult such persons as appear to be affected by the proposed designation, whether as occupiers of shops or local residents. The restrictions mentioned below, imposing restriction on loading and unloading on Sunday before 9 a.m. at large shops in loading control districts, have effect.
District councils enforce the legislation. They may enter premises, require the production of records, take records, and exercise generally the functions of investigating officers. It is an offence to obstruct an officer.Breach of legislation is an offence. Any party whose act or default may be convicted.
Where a lease or agreement requires the occupier of a shop to keep open for serving retail customers during normal business hours; or hours to be determined other than by the consent of the occupier, the lease is not to be regarded as requiring, or enable any person to require, the occupier to open on Sunday for the serving retail customers.
This does not apply to the extent that the lease or agreement relates specifically to Sunday or would, apart from the legislation, have the effect of requiring Sunday trading of a kind which would have been lawful before the commencement of the legislation.
The Sunday Observance (Ireland) Act 1695 does not apply to a person by reason of being an occupier, employed in or working about, a shop which is open on a Sunday for serving retail customers; or by reason of his being, or doing anything, in or around a shop which is open on a Sunday for serving retail customers.
Insert this above, where a loading control district applies, consent is required to do loading before 9 a.m. on a Sunday in connection with a trade or business.