Shops (Sunday Trading) (Jersey) Law 1960

Jersey Law 11/1960 SHOPS (SUNDAY TRADING) (JERSEY) LAW, 1960. ____________ A LAW to control the opening of shops on Sunday, Good Friday and Christmas Day, sanctioned by Order of Her Majesty in Council of the 7th day of JUNE, 1960. ____________ (Registered on the 9th day of July, 1960). ____________ STATES OF JERSEY. ____________ The 16th day of February, 1960. ____________ T HE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law: - ARTICLE 1 INTERPRETATION In this Law – “retail trade or business” includes the business of lending books or periodicals when carried on for the purpose of gain, but does not include the sale of programmes, catalogues or similar articles at theatres or other places of entertainment or amusement; “shop” includes any premises where any retail trade or business is carried on; “Sunday trading permit” has the meaning assigned thereto by Article 4; “Sundays” includes Good Friday and Christmas Day. ARTICLE 2 APPLICATION The provisions of this Law shall extend to – (a) any place where any retail trade or business is carried on as if that place were a shop, and as if, in relation to any such place, the person by whom the retail trade or business is carried on were the occupier of the shop; (b) the despatch of goods from a shop and the delivery of goods so dispatched as if those goods had been sold at that shop at the time of the dispatch or delivery as the case may be. ARTICLE 3 CLOSING OF SHOPS ON SUNDAYS Save as otherwise provided by this Law, every shop shall be closed for the serving of customers on Sundays: Provided that nothing in this Article shall prohibit the opening of a shop for the serving of customers on any such day for the purpose of any transaction mentioned in the First Schedule to this Law. ARTICLE 4 PERMITS FOR OPENING ON SUNDAYS (1) In the case of any shop, the Constable of the parish in which the shop is situate may grant a permit (in this Law referred to as a “Sunday trading permit”) authorizing the shop to be open for the serving of customers on Sundays for the purposes of such of the transactions mentioned in the Second Schedule to this Law as may be specified in the permit. (2) A Sunday trading permit shall be in the form set out in the Third Schedule to this Law and shall be inscribed on a card suitable for display and measuring not less than nine inches long and six inches high. (3) Where application is made for a Sunday trading permit, the Constable may, if he is of the opinion that the transactions for which the permit is required do not form a substantial part of the applicant’s normal business, refuse to grant the permit. (4) [A fee of such amount as the States shall by regulation fix] 1 shall be charged for a Sunday trading permit and all such fees shall be credited to the revenues of the parish. (5) A Sunday trading permit may be revoked at any time by the Constable either generally or in relation to any particular transaction and, unless revoked, shall remain in force until the first day of January next following the date on which it takes effect. (6) Any person who, being an applicant for a Sunday trading permit, is aggrieved by the refusal of the Constable to grant the permit or, being the holder of such a permit, is aggrieved by the revocation thereof by the Constable, may appeal to the Inferior Number of the Royal Court, either in or out of term, and the Court may either confirm the refusal or revocation, or may direct the Constable to grant a permit and the Constable shall comply with such direction. (7) Where application is made for a Sunday trading permit in relation to more than one transaction or where a permit has been granted in relation to more than one transaction, and the permit is refused or revoked in relation to some, but not all, of the transactions, the provisions of paragraph (6) of this Article shall apply as if the permit had been refused or revoked. (8) A Sunday trading permit shall be kept displayed in the shop to which it relates in a conspicuous position where it may be seen by customers. (9) The occupier of a shop to whom a Sunday trading permit has been granted shall – (a) when required by or on behalf of the Constable so to do, produce or deliver the permit to the Constable or to an officer authorized in that behalf by the Constable; (b) deliver the permit to the Constable immediately upon the expiration of the period to which it relates. ARTICLE 5 OFFENCES (1) In the case of any contravention of any of the provisions of this Law, the occupier of the shop shall be liable to a fine not exceeding fifty pounds. (2) The court before which a person is convicted of any offence against this Law may order the revocation of any Sunday trading permit held by that person and may order him to be disqualified for holding or obtaining such a permit for such period as the court thinks fit, and any such permit obtained by that person while so disqualified shall be of no effect. (3) Where an offence for which the occupier of a shop is liable under this Law has, in fact, been committed by some manager, agent, servant or other person, the manager, agent, servant or other person, as well as the occupier, shall be deemed to be guilty of that offence and shall be liable to be prosecuted and punished accordingly. ARTICLE 6 POWER TO AMEND OR SUSPEND LAW The States may make regulations – (a) amending the lists of transactions set out in the First and Second Schedules to this Law; (b) modifying the form set out in the Third Schedule to this Law; and (c) suspending all or any of the provisions of this Law. ARTICLE 7 SAVING The provisions of this Law shall be in addition to, and not in derogation of, the provisions of any other enactment. ARTICLE 8 REPEAL The “Règlement sur la fermeture le Dimanche des Débits de Tabac” confirmed by Order of Her Majesty in Council of the twentieth day of March, 1891, 2 and the Shops (Sunday Trading) (Jersey) Regulations, 1959, 3 are hereby repealed: Provided that any permit granted under Regulation 3 of the said Regulations and subsisting immediately before the coming into force of this Law shall continue to have effect as though granted under Article 4 of this Law. ARTICLE 9 SHORT TITLE AND COMMENCEMENT (1) This Law may be cited as the Shops (Sunday Trading) (Jersey) Law, 1960. (2) This Law shall come into force on the first day of January, 1961. FIRST SCHEDULE (ARTICLE 3) TRANSACTIONS EXCEPTED FROM THE PROVISIONS OF THIS LAW 1. The sale of – (a) intoxicating liquors; (b) meals or refreshments for consumption at the shop at which they are sold; (c) medicines and medical and surgical appliances at any premises registered under Article 13 of the Pharmacy, Poisons and Medicines (Jersey) Law, 1952. 4 2. The transaction of – (a) post office business; (b) any business carried on the foreshore under a concession granted by the Tourism Committee; (c) any business within the Port of Saint Helier or Saint Peter’s Airport. SECOND SCHEDULE (ARTICLE 4(1)) TRANSACTIONS WHICH MAY BE PERMITTED BY A SUNDAY TRADING PERMIT [The sale of – (a) meals, refreshments or fruit for consumption elsewhere than at the shop at which they are sold; (b) milk, milk products and margarine; (c) bread and flour confectionery (including rolls and fancy bread); (d) chocolate, chocolate confectionery and sugar confectionery; (e) ice cream (including wafers and edible containers); (f) cigarettes, cigars, tobacco, pipes and matches; (g) beachwear; (h) sun-lotions, sun-glasses, toilet requisites (including perfumery and cosmetics) and medicines; (j) newspapers, books, periodicals and magazines; (k) writing materials (including pens, pencils, paper, envelopes and postcards); (l) cameras and photographic films or plates; (m) toys; (n) petrol, diesel oil and lubrication oil * * * 5 (o) supplies or accessories for aircraft, [boats or any other description of vessel used in navigation,] 6 motor vehicles and pedal cycles; (p) paraffin and butane gas.] 7 THIRD SCHEDULE (ARTICLE 4(2)) Parish of .............................................................................................. SUNDAY TRADING PERMIT. In pursuance of Article 4 of the Shops (Sunday Trading) (Jersey) Law, 1960 .................................................................................................... (name) is hereby permitted to open ...................................................................................................................... (description of shop) on Sundays, Good Friday and Christmas Day for the sale of .................................................................... .................................................................... .................................................................... .................................................................... .................................................................... This Permit ceases to have effect on the first day of January, 19 .................................................. Constable. ....................................., 19 . 1 Words substituted by Shops (Sunday Trading) (Amendment) (Jersey) Law, 1968 (Volume 1968-1969, page 41). 2 Tome IV (1908 edition), page 171. 3 R & O 4028. 4 Page 124 of this Tome. 5 Words deleted by Shops (Sunday Trading) (No. 3) (Jersey) Regulations, 1975 (R & O 6215). 6 Words inserted by Shops (Sunday Trading) (No. 3) (Jersey) Regulations, 1975 (R & O 6215). 7 List substituted by Shops (Sunday Trading) (No.2 ) (Jersey) Regulations, 1967 (R & O 4967).