DSD Consultation Paper Re Sunday Trading Laws

Appendix 1 SUNDAY TRADING LAWS

DISCUSSION PAPER

DEPARTMENT FOR SOCIAL DEVELOPMENT SOCIAL POLICY UNIT JANUARY 2011 CONTENTS

Page

1. Foreword 2

2. Introduction 3 2.1 Purpose 3 2.2 Responses 3 2.3 Alternative formats 3 2.4 Confidentiality 4 2.5 Closing date 4

3. Background 5

3.1 Current position 5 3.2 Law in other jurisdictions 6

4. Options 7 4.1 Option 1 - Do nothing 7 4.2 Option 2 - English model 7 4.3 Option 3 - Earlier trading 7 4.4 Option 4 - Total deregulation 7

5. Related issues 9 5.1 Easter Sunday 9 5.2 Christmas Day 9 5.3 Petrol Stations 10 5.4 Browsing time 10 5.5 Notification procedures in designated holiday resorts 10

6. Next Steps 12

Consultation Questions Response Form 13

1 SUNDAY TRADING LAW IN NORTHERN IRELAND

1. FOREWORD

Sunday trading laws in Northern Ireland have, since 1997, restricted large shops to opening for a maximum of five hours between 1.00pm and 6.00pm.

Considering these restrictions have been in place for more than 10 years, and the economic difficulties Northern Ireland is currently experiencing, I believe it is timely to initiate a review of the suitability of the current Sunday trading laws. I also believe that facilitating earlier opening on Sundays has the potential to boost the local economy, benefit the tourism industry and support the regeneration of town and city centres.

I am committed to retaining the tradition of Sunday as a family day and ensuring the rights of shop workers to respect this are protected. However, I would like to look at ways of introducing some flexibility around shop opening hours so that the needs and concerns of both locals and visitors are met.

Before making specific proposals I would like to get the views of everyone in the community on whether any change to the current laws is necessary. This document is therefore not a formal consultation document but a discussion paper, the responses to which will be crucial in planning for the next stage of the review.

Alex Attwood MLA Minister for Social Development

2 2. INTRODUCTION

2.1 Purpose The purpose of this discussion paper is to review the suitability of the current Sunday trading laws. It outlines existing laws in Northern Ireland and sets out a number of potential alternatives to the current permitted hours for Sunday opening. It invites views from all interested parties on these alternatives and also on a number of related issues.

2.2 Responses The Department welcomes the views of key stakeholders and any other interested parties before a definitive policy position on Sunday trading is developed. Views are sought on the range of specific questions posed but would also be welcomed on any aspect of the current law. Respondents who prefer to reply using the attached pro-forma should forward comments to:

Social Policy Unit Level 4, Lighthouse Building 1 Cromac Place Gasworks Business Park Ormeau Road Belfast BT7 2JB

2.3 Alternative formats An electronic version of this document is available to view and submit on the Departmental website (www.dsdni.gov.uk). Hard copies will be posted on request. Text phone contact details are provided below. Copies in other formats, including Braille, large print, computer disk etc may be made available on request. If it would assist you to access the document in an alternative format or a language other than English please contact Social Policy Unit on the numbers below and best efforts will be made to accommodate you.

3 Social Policy Unit – Telephone: 028 9082 9521 Text phone: 028 9082 9500 Fax: 028 9082 9539

2.4 Confidentiality The Department will publish a summary of responses to this document following the consultation process. Unless individual respondents specifically indicate that they wish their response to be treated in confidence, their name and the nature of their response may be included in any published summary of responses. Respondents should also be aware that the Department’s obligations under the Freedom of Information Act may require that any responses, not subject to specific exemptions in the Act, may be disclosed to other parties on request.

2.5 Closing date The closing date for receipt of responses is 8 April 2011.

4 3. BACKGROUND

3.1 Current position Sunday opening hours are set out in the Shops (Sunday Trading &c.) (NI) Order 1997 (the Shops Order). Briefly, this allows small shops unrestricted opening on Sundays while large shops (i.e. those with a floor area exceeding 280 square metres – the size of a tennis court) are restricted to opening for a maximum of five hours between 1.00pm and 6.00pm.

Large shops within holiday resorts (designated by the district council) are permitted an additional 18 Sundays opening (unrestricted hours) between the 1 March and 30 September in any calendar year.

The opening of other premises – such as bookmaking offices and off licences is governed by different legislation. However, currently bookmaking offices are not entitled to open on Sunday and off licences are entitled to open between 10.00am and 10.00pm (except on Easter Sunday and Christmas Day).

District councils are responsible for enforcement of the Sunday trading provisions of the Shops Order.

A number of representations have been made to the Minister for Social Development asking him to amend the current legislation in favour of a more relaxed approach.

5 3.2 Law in other jurisdictions

3.2.1 England and Wales In England and Wales the law on Sunday shopping is more flexible. The Sunday Trading Act 1994 does not dictate the specific hours of opening but permits large shops to open for up to six continual hours on Sundays between the hours of 10.00am and 6.00pm.

3.2.2 Scotland In Scotland there are no national restrictions on shop opening hours although some district controls apply. This lack of restriction allows opening hours of larger shops to be longer than in England and Wales, and many large supermarket chains remain open seven days a week with little or no adjustment of opening hours at the weekend.

3.2.3 Republic of Ireland While there are restrictions on Sunday trading in the Republic we understand the relevant law, The Shops (Hours of Trading) Act 1938, is largely inoperative. As such, many independent retailers open their branches on Sundays usually from 10.00am to 7.00pm in the larger towns and cities, and from 12.00pm to 6.00pm in the smaller centres. Many of the larger supermarkets open 24 hours, 7 days a week.

6 4. OPTIONS

A number of options exist in relation to extending opening hours. For the purpose of stimulating debate we will assume shops should close by 6.00pm as currently and extra hours trading should be continual, with the minimum extension of shopping time being one hour. Questions then arise over the period during which these continual hours should take place, 10.00am or earlier to 6.00pm, 11.00am to 6.00pm or 12.00 noon to 6.00pm? Total de-regulation is the maximum relaxation and would allow shops to determine their own opening hours based on their respective anticipated trade. We look at some options in more detail below.

4.1 Option 1 – Do nothing This option will see opening times remain a maximum of five hours between 1.00 pm and 6.00 pm. The current law on Sunday opening was specifically tailored to meet local needs and concerns.

4.2 Option 2 –English model This option would allow large shops to open for six continual hours between 10.00am and 6.00pm. This option would allow large shops to open for an extra hour and to begin trading up to three hours earlier.

4.3 Option 3 – Earlier trading This option would allow all shops to open earlier on Sunday. Two further decisions are required in relation to this option;  to allow all shops to open at 12.00 pm and trade until 6.00 pm. This would allow large shops to open for an extra hour and to begin trading one hour earlier than currently permitted; or  to allow all shops to open at 11.00am and trade until 6.00pm. This would allow large shops to open for an extra two hours and to begin trading two hours earlier than currently permitted.

4.4 Option 4 – Total deregulation This is the position in Scotland where there are no national restrictions

7 on shop opening hours. If implemented, this option would provide longer shopping hours than are currently permitted in England and Wales. A review of the law there several years ago revealed that there was no substantial demand for change to the regime.

Opening hours (please highlight or circle the appropriate answer)

1. What time do you think is the earliest large shops should open on a Sunday? 10am 11am Noon 1pm Unrestricted

2. How many hours do you think large shops may open continually for on a Sunday? 5hrs 6hrs 7hrs Unlimited

8 5. RELATED ISSUES

The related issues detailed below are areas which may require either more flexibility or more restriction. You are again invited to comment if you so wish.

5.1 Easter Sunday The current law prohibits large shops from opening at any time on Easter Sunday (including shops in designated holiday resorts). Similar rules apply in England and Wales. Some people take the view that large garden centres should be exempted. Others may welcome a general relaxation in the law on Easter Sunday opening.

Easter Sunday

3. Do you think large shops should be allowed to open on Easter Sunday?

4. If yes, do you think those hours should be limited?

5. If no, do you think any exemptions should apply for specific large shops? If yes, please state which type of shop you would like to see exempt.

5.2 Christmas Day Currently in Northern Ireland large shops may open on Christmas Day (but not when Christmas Day falls on a Sunday). Legislation introduced in England and Wales in 2004 resulted in an outright ban on large shops opening on Christmas Day. There have been no calls for a change in the law here and currently most large shops close on Christmas Day.

Christmas Day

6. Do you think an outright ban on large shops opening on Christmas Day is required?

9 5.3 Petrol Stations The Shops Order exempts certain large shops from the general prohibition on Sunday opening including any farm shop, alcohol licensed premises, registered pharmacies (but only for the sale of medicinal products), shops in train stations etc and petrol filling stations. Petrol filling stations with large supermarkets attached have been common for some time and are covered under the exemption. Without this exemption, petrol filling stations caught by the large shop definition would only be able to open for five hours on a Sunday and this may create difficulties, particularly in rural areas.

Petrol Stations

7. Do you think that all petrol stations should remain exempt from the current five hour restriction on opening hours?

8. Do you think that petrol stations should only be exempt from the laws dependent on their floor area, as is the case with all shops?

5.4 Browsing time From time to time the Department receives enquiries as to whether opening at 12.30pm or earlier on Sunday for ‘browsing’ is lawful. The Shops Order does not specifically provide for browsing time and this was not the policy intention of the legislation.

Browsing time

9. Do you think all shops should be allowed to open early for browsing only?

5.5 Notification procedures in designated holiday resorts At present, owners of large shops wishing to make use of the facility for extra opening hours in holiday resorts must notify their local district council of the dates involved. The notification does not take effect until 14 days from the date it is given, however the council may agree that it should

10 come into effect earlier. The 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.

Notification procedures in designated holiday resorts

10. Do you think the notification procedures are necessary?

11 6. NEXT STEPS

The consultation period concludes on 8 April 2011. All responses should be made to the address on page 3. A pro-forma listing the questions raised has been attached for those who might find it a convenient way to respond.

It would be helpful if those in the business community who favour deregulation could quantify the expected economic benefits of a change in the law.

Responses will be analysed and a summary of responses published on the Departmental website. The responses will inform further policy consideration by the Minister for Social Development on the suitability of the current Sunday trading laws.

12 Consultation Questions Response Form For convenience, the questions raised in the discussion paper are replicated below:

Opening hours