Shops (Regulation
of Opening and Deliveries) (Jersey) Law 2010
A LAW to regulate, on certain days,
the sale or hire of goods, the provision of services and the provision of goods
for use, and the making of wholesale deliveries.
Commencement [see endnotes]
1 Interpretation
(1) In this Law, unless the
context otherwise requires –
“Minister” means the Minister
for Sustainable Economic Development;
“place” means any premises, structure or other place;
“sale” includes sale by auction;
“shop” means any place or vehicle used, whether
permanently or temporarily, for any one or more commercial activities.[1]
(2) For the purposes of
this Law, any reference to a commercial activity shall be construed
as –
(a) the
retail sale or hire of goods, including –
(i) the offer,
exposure or display of goods for such sale or hire, or
(ii) the
despatch of goods from any place or vehicle and the delivery of the goods so
despatched as if those goods had been sold at or hired from that place or
vehicle at the time of the despatch or delivery;
(b) the
provision, in the course of a trade or business, of services at any place or
vehicle; or
(c) the
provision, in the course of a trade or business, of goods for use at any place
or vehicle.
(3) However, if a
commercial activity is the provision of a service at a place that is not occupied
by the person who is carrying on that activity (for example, if it is a service
provided at the home of the customer, or to a vehicle on a public road), the
place is not a shop by reason of its use for that activity.
(4) Subject to paragraph (5),
for the purposes of this Law in its application to a shop other than a vehicle,
a reference to the occupier of the shop shall be construed as a reference to
the person carrying on the commercial activity.
(5) For the purposes of
this Law in its application to a shop that is a place being used temporarily
for the holding of a market, fair or fête or like event at which vehicles
or stalls or other temporary structures, or any part of the place, are used for
one or more commercial activities, a reference to the occupier of the shop
shall be construed as a reference to the organizer of the market, fair or
fête or like event.
(6) For the purposes of
this Law, a shop is open at any time when members of the public or any class of
members of the public have access to it for the purposes of one or more
commercial activities.
2 Opening
on specified days prohibited
(1) A shop shall not be
open on any Sunday, Good Friday, Christmas Day, 26th December or Liberation
Day, except in accordance with and pursuant to –
(a) an exemption
under Article 3(2); or
(b) a
permit granted under Article 4.
(2) Where a shop is open in
contravention of paragraph (1), the occupier of the shop shall be guilty
of an offence and liable to a fine.
(3) Where a person who is
the occupier of a shop is liable under paragraph (2) by reason of an act
done by a person who is the manager of the shop or any other agent or servant
of the occupier of the shop, the manager or other agent or servant, as well as
the occupier, shall be guilty of the offence.
(4) Where a person who is
the occupier of a shop by virtue of Article 1(5) is liable under paragraph (2)
by reason of an act done by another person carrying on a commercial activity at
the market, fair or fête or like event, that other person, as well as the
occupier, shall be guilty of the offence.
(5) Where a person who is
the occupier of a shop by virtue of Article 1(5) is liable under paragraph (2)
by reason of an act done by a manager, agent or servant of a person carrying on
any commercial activity at the market, fair or fête or like event, the
manager, agent or servant, as well as the occupier, shall be guilty of the
offence.
3 Application
of Law and exemptions
(1) This Law shall not
apply to a person carrying on business as a hawker pursuant to a hawker’s
licence granted under the Hawkers and Non-Resident Traders (Jersey)
Law 1965.
(2) The States may by
Regulations exempt from Article 2(1) shops of a specified description,
either with or without restrictions and conditions.
4 Permits
(1) The States may by
Regulations establish a scheme for the grant by a Connétable, within his
or her own parish, of permits authorizing the opening of shops in the parish on
any Sunday, Good Friday, 26th December or Liberation Day.
(2) Regulations made under
paragraph (1) may include provision empowering the Minister by Order, after
consulting the Comité des Connétables, to designate special
occasions (for example, for an event such as the Fête dé
Noué) for the purposes of this Law.
(3) Regulations made under paragraph (1)
may not include provision empowering the Minister, by Order, to designate Good
Friday or Liberation Day as a special occasion for the purposes of this Law.
(4) Regulations made under paragraph (1)
may not include provision empowering the Minister, by Order, to designate 26th
December as a special occasion for the purposes of this Law.
(5) Regulations made under
paragraph (1) may include provision –
(a) for
the procedure to be followed in relation to applications for permits;
(b) for
the matters to be taken into consideration in determining whether to grant
permits;
(c) for
the day or days on which shops are authorized to open pursuant to permits;
(d) for
the grant of blanket permits authorizing the opening of shops on the special
occasions designated by the Minister under sub-paragraph (2) (without the
need to apply for permits);
(e) for
the duration of permits;
(f) for
conditions that shall apply in respect of permits, or that Connétables
may impose in granting permits, including (but not by way of limitation)
conditions restricting the days and times at which shops may open, and
conditions regulating wholesale deliveries to shops on the days on which they
are authorized to open pursuant to permits;
(g) prescribing
fees in respect of applications for and the grant of permits, and empowering
Connétables to refuse to consider applications for permits, or to refuse
to grant permits, until the prescribed fees are paid;
(h) specifying
matters of which notification must be given to Connétables for the
granting of permits;
(i) for
the circumstances in which permits shall or may be revoked;
(j) for
the review by the Comité des Connétables of decisions by
Connétables to refuse to grant permits, or to impose conditions on the
grant of permits, or to revoke permits;
(k) for
appeals to the Royal Court, by applicants and permit holders, in respect of
reviews by the Comité des Connétables of decisions by
Connétables on applications or permits;
(l) authorizing
Connétables to approve for use in their own parishes, or the
Comité des Connétables to approve for use in all parishes, forms
of applications and of permits; and
(m) authorizing
Connétables or the Comité des Connétables to issue
guidance regarding the scheme for the granting of permits.
(6) Regulations made under
paragraph (1) may do any of the following things –
(a) make
different provision for different classes of shops, by reference to their size
and nature, their impact on the peace and tranquillity of neighbourhoods and
the avoidance of nuisance to residents of neighbourhoods;
(b) limit
the number of days in any year on which shops of a specified class are
authorized to open;
(c) limit
to a particular day or days the occasions on which shops of a specified class
are authorized to open;
(d) authorize
Connétables, in granting permits, to impose conditions to the effect
described in subparagraphs (b) and (c).
(7) Paragraphs (2),
(5) and (6) do not limit paragraph (1), and paragraph (6) does not
limit Article 11(4) of the Interpretation (Jersey)
Law 1954.
(8) Regulations made under
paragraph (1) may make it an offence to contravene any provision of the
Regulations and impose a fine up to level 3 on the standard scale for any such
offence.[2]
5 Deliveries
(1) The States may by
Regulations prohibit, restrict, or establish a scheme for the regulation of the
making of wholesale deliveries to shops on any Sunday, Good Friday, Christmas
Day or Liberation Day.
(2) Regulations made under
paragraph (1) may make different provision for different classes of shops,
by reference to their size and nature, their impact on the peace and
tranquillity of neighbourhoods and the avoidance of nuisance to residents of neighbourhoods.
(3) Paragraph (2) does
not limit paragraph (1) or Article 11(4) of the Interpretation (Jersey)
Law 1954.
(4) Regulations made under
paragraph (1) may make it an offence to contravene any provision of the
Regulations and impose a fine up to level 3 on the standard scale for any such
offence.[3]
6 Offences
relating to information
A person who for the purpose of obtaining a permit under Article 4
knowingly gives any information that is false in a material particular shall be
guilty of an offence and liable to imprisonment for a term of 12 months
and a fine.
7 Power
of centenier to impose penalty[4]
(1) Where a person charged
with an offence under this Law accepts the decision of a centenier of the
parish in which the offence was committed, the centenier may impose a fine of
level 1 on the standard scale.[5]
(2) A fine imposed under
paragraph (1) shall be paid to the annual income of the parish in which
the offence was committed.
(3) This Article shall not
apply to an offence under Article 6.
8 Offences
by bodies corporate
(1) Where an offence under
this Law committed by a limited liability partnership or body corporate is
proved to have been committed with the consent or connivance of, or to be
attributable to any neglect on the part of –
(a) a
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the body corporate; or
(b) any
person purporting to act in any such capacity,
the person shall also be guilty of the offence and liable in the
same manner as the partnership or body corporate to the penalty provided for
that offence.
(2) Where the affairs of a
body corporate are managed by its members, paragraph (1) shall apply in
relation to acts and defaults of a member in connection with that
member’s functions of management as if that member were a director of the
body corporate.
9 Requirement
to contravene Law to be void
A lease of a shop shall be void to the extent that it requires the
shop to be open in contravention of this Law.
10 Transitional
arrangements and savings
The States may by Regulations make such transitional arrangements
and savings as they think fit regarding the repeal of the Shops (Sunday Trading)
(Jersey) Law 1960[6] and its replacement by this
Law.
11 Citation
This Law may be cited as the Shops (Regulation of Opening and
Deliveries) (Jersey) Law 2010.