Sunday Trading Law

When can shops open on a Sunday?

A large shop (as defined below) cannot be open on Sunday to serve retail customers except as permitted by the provisions of the Sunday Trading Act 1994.

A shop is defined as:

"Any premises where a trade or business consisting mainly of the sale of goods is carried on."

The above Act is restricted to retail shops - wholesale shops are not covered by the legislation.

The sale of goods does not include:

• the sale of meals or refreshments or intoxicating liquor for consumption on the premises
• the sale of meals or refreshments prepared to order for immediate consumption off the premises.

Such premises are not subject to Sunday trading controls.

Small shops

Small shops are not covered by the legislation if they have a floor area used for serving customers, or for displaying goods, of less than 280 square metres. This is approximately 3015 square feet or an area 55 feet by 55 feet.

This area does not include:

• storerooms
• stockrooms
• canteens
• restrooms
• other areas which the public do not have access to.

There are no restrictions on the hours of opening of small shops on Sundays under the Sunday Trading Act.

Large shops

Large shops are covered by the legislation if they have a floor area used to serve customers, or for displaying goods, that exceeds 280 square metres.

Under the Sunday trading restrictions:

• Large retail shops may only open on a Sunday for a single, continuous period of up to six hours between 10:00 hrs and 18:00 hrs.
• Large shops opening on a Sunday must display a public notice of their Sunday opening hours.
• Large shops may not open at all to serve retail customers on Easter Sunday or Christmas Day if it is a Sunday.
• Customers on a Sunday must have left the shop not later than half an hour after the closing time.

Exemptions

• farm shops selling mostly their own produce
• shops selling mainly intoxicating liquor
• shops selling mainly motor or cycle supplies or accessories
• pharmacies open only for the selling of medicinal products or medical or surgical appliances
• petrol filling stations
• stands used for retail sales at exhibitions
• some other retail shops (e.g. airport shops)

Offences

The maximum penalty under this legislation is a fine of £50,000

Loading or unloading before 09:00 hrs requires consent and a fee is payable

Large shops must apply in writing to |Environmental Health & Licensing at Elmbridge Borough Council for a consent to load or unload before 09:00 hrs. |A fee is payable and conditions may apply.

Jewish Sabbath

A person of the Jewish religion, or of any religious body regularly observing the Jewish Sabbath, who occupies a large shop may choose to keep their shop closed on the Jewish Sabbath and to open their shop normally on a Sunday.

In such circumstance the restrictions detailed above relating to large shops would not apply.

Anyone wishing to exercise this option must notify the Council in writing and must also provide a certificate from the Minister of their religious body.

Employment Protection

Elmbridge Borough Council does not enforce the provisions under the Act relating to the protection of employees working on a Sunday. If you have any problems with employment on a Sunday contact:

• your union representative, if you are a member
• a solicitor
• the Citizen's Advice Bureau.

Further Information

• |Sunday Trading advice leaflet