FACTSHEET and Frequently Asked Questions (FAQs)

Subject: Sunday Trading

Relevant or Related Legislation: Sunday Trading Act 1994

Current Positon:

In addition to regulating opening by large stores on Sunday, the Sunday Trading Act 1994 prohibits large shops from opening on Easter Sunday and on Christmas Day (see separate factsheet) when the latter falls on a Sunday.

Recent Relevant Campaigns or Consultation:

Notification of Sunday opening hours - a public consultation was launched on 18 March 2003 on a proposal to remove, by means of a Regulatory Reform Order:

• the requirement for large shops (retail area of over 280 sq m/3,000 sq ft) to notify local authorities of their Sunday trading hours and

• the requirement on local authorities to maintain a register of such notifications.

Sale of Methylated Spirit - The same consultation also covers the sale of methylated spirits on a Sunday. The sale of methylated spirits is currently prohibited on Sunday under Section 26 of the Revenue Act 1889. Customs and Excise are taking steps to repeal this provision through the same Regulatory Reform Order. The complete consultation document is available on the internet at: www.dti.gov.uk/ccp/consultations.htm.

Key Facts:

Under the Sunday Trading Act 1994 the limits on shop opening hours are:

• Small shops (under 280 sq m/3,000 sq ft) - no restrictions on opening

• Large shops (over 280 sq m/3,000 sq ft)

o Monday to Saturday - no restrictions
o Sunday - Opening for 6 hours only, between 10am and 6pm
o Easter Sunday - closed
o Christmas Day (when on a Sunday) - closed (See separate factsheet)

The 1994 Act requires large stores which open on Sundays to inform the local authority in writing of the hours they intend to open and to post notices of their opening hours inside and outside their stores. The 1994 Act was a compromise between strongly held and competing views. The partial deregulation introduced by the Act appears to have provided a reasonable and enforceable balance.

Frequently Asked Questions (FAQs)

Q1. What is the law on shop opening hours on a Sunday?

Q2, Will the Government amend the Sunday Trading Act 1994 to change the law on Sunday opening by large stores?

Q3. What goods can be sold on a Sunday?

Q4. What are the rules governing alcohol sales on a Sunday?

Q5. How does Sunday Trading Act affect street markets, car boot sales etc?

Q6. Why are large Garden centres not able to open on Easter Sunday?

Q7. Why is there special protection for Sunday working in shops?

Q8. Why doesn't this protection extend to Scotland?

Q1. What is the law on shop opening hours on a Sunday?

The Sunday Trading Act 1994 the limits shop opening hours as follows:

• Small shops (under 280 sq m/3,000 sq ft) - no restrictions on opening

• Large shops (over 280 sq m/3,000 sq ft)

o Monday to Saturday - no restrictions
o Sunday - Opening for 6 hours only, between 10am and 6pm
o Easter Sunday - closed
o Christmas Day (when on a Sunday) - closed (See separate factsheet)

Q2. Will the Government amend the Sunday Trading Act 1994 to change the law on Sunday opening by large stores?

The partial deregulation introduced by the 1994 Act appears to have provided a reasonable and enforceable balance. The Government has stated that it will continue to monitor operation of the Act to ensure it continues to meet current needs.

Q3. What goods can be sold on a Sunday?

The Sunday Trading Act 1994 regulates shop opening hours. It does not regulate the sale of particular goods. The 1994 Act removed a number of anomalies which existed under the Sunday trading provisions of the Shops Act 1950, which prohibited the sale of some goods but not other, often similar, goods. Sale of certain goods, such as alcohol, is subject to separate legislation. The sale of methylated spirits is currently prohibited on Sunday under Section 26 of the Revenue Act 1889. Custom and Excise and DTI are taking steps to repeal this provision by means of a Regulatory Reform Order (see under campaigns and consultations).

Q4. What are the rules governing alcohol sales on a Sunday?

The sale of alcohol is permitted between 10.00 and 23.00 on Sunday. Neither the sale of alcohol nor shops whose trade or business consists wholly or mainly of the sale of alcohol are regulated by the Sunday Trading Act 1994. They are regulated by separate legislation, for which the Department of Culture, Media and Sport is responsible.

Q5. How does Sunday Trading Act affect street markets, car boot sales etc?

The Sunday Trading Act 1994 regulates shop opening hours. It does not regulate street markets or car boot sales. These are subject to separate legislation (e.g. the Local Government (Miscellaneous Provisions) Act 1982, The London Local Authorities Act 1990), normally enforced by local authorities.

Q6. Why are large garden centres not able to open on Easter Sunday?

This was considered by Parliament in 1994 during the passage of the Sunday Trading Bill. An amendment proposing that large garden centres should be exempt from closing on Easter Sunday was defeated on a free vote in both Houses.

Q7. Why is there special protection for Sunday working in shops?

The protections in the Sunday Trading Act 1994 reflected the fact that the conditions of shop workers were being changed by legislation. The law had created new circumstances for employees which were contrary to their previous expectations.

Q8. Why doesn't this protection extend to Scotland?

The protection was originally introduced by the Sunday Trading Act 1994, which does not extend to Scotland. Sunday trading has been legal in Scotland for many years and, in consequence, many Scottish shop workers had become accustomed to Sunday working. It was the Government's view that the reform of the law on Sunday trading in England and Wales was not necessary in Scotland. These arrangements seemed to work to the satisfaction of all, without the need for further legislation.

Contacts

Enquiries should be re-directed to:

Consultation and Regulatory Reform Order - DTI, CCP2, Better Regulation Team.

Employees' Rights and Protection, Religious Festivals - DTI, ER Directorate 

Sale of Methylated Spirit - Customs and Excise: Sharon McDermott Email:sharon.mcdermott@hmce.gsi.gov.uk Telephone 0161 827 0350.

Alcohol Sales - Department of Culture Media and Sport (DCMS)

Street Trading/Car Boot Sales - The relevant local authority or the Office of the Deputy Prime Minister.

Back to CCP's Fact Sheets page