Sunday trading set for autumn vote

Monday 26 August 2019

Proposals to allow all local shops to open on Sundays to help them compete with online competition have been drawn up, and could be agreed as soon as October.

If approved by States Members, the plans from Economic Development Minister Senator Lyndon Farnham will see shops of over 700sqm be able to open on Sundays, as well as Good Friday and Liberation Day, for up to six hours.

Until 2011, Sunday trading was regulated as part of the Shops (Sunday Trading) Law from 1960, which restricted the type of goods that could be sold, via a permit system run by the parishes. 

However, the method proved unsustainable in the early 00s, as food shops and newsagents needed a permit to open on a Sunday, whilst hairdressers and launderettes did not. A new law was therefore introduced in 2010, retaining the parish-based system whilst establishing a new framework for the regulation of trading on Sunday. 

Pictured: Under current regulations, large shops are prevented from opening on most Sundays.

Goods-based restrictions were replaced by a new control based on the size of the retail sales area. Shops with a retail area under 700sqm were allowed to open on most days of the year while larger ones were only allowed to trade on a set number of Sundays per year as well as “special occasions”, such as in the run-up to Christmas, with each required to obtain a Sunday trading permit from their parish.

The regulation means that around 30 of the island’s larger businesses were prevented from opening on Sunday.

The idea of deregulating Sunday trade has bounced back and forth in the States Chamber over the past decade, often set aside on religious and traditional family grounds. 

A proposition in 2014 aimed to introduce an 18-month trial of relaxed restrictions on large months, but it was rejected. The following year the Minister for Economic Development increased the number of Sundays to 11.

Pictured: The Minister for Economic Development, Tourism, Sport and Culture, Senator Lyndon Farnham, will be publishing the proposals.

The report accompanying Senator Farnham's Ministerial decision stated that there is “clear evidence of demand for a change in Sunday trading policy and legislation.” 

Last year, Growth, Housing and Environment (GHE) officials commissioned consultants 4insight to carry out a comprehensive retail consumer survey. A majority (63%) of the 1,118 respondents were in favour of Sunday trading, with local workers expressing a clear preference for broad 10:00 – 16:00 opening, all year round.  

Similar views were expressed in an audit commissioned by Visit Jersey.

Senator Farnham also noted that industry stakeholders – including Jersey Chamber of Commerce – have been calling for greater flexibility on opening hours. 

He wrote that while it was suggested during debates in the Assembly that Sunday trading would put pressure on retailers to compete for the same consumer spend over seven days instead of six, the argument was “obsolete” with the ongoing expansion of online shopping.

“With the arrival of HelloFresh in Jersey (in partnership with Jersey Post), that expansion has reached the point where the Island’s supermarkets and other grocery stores face meaningful competition from a significant external online business for both fresh food and shelf-stable food products.”

Senator Farnham argued that giving all local shops the option to open regularly on Sundays would allow them to “compete effectively with external online competition and maintain on-Island spending.” 

He is therefore proposing to introduce a ‘Restricted Hours Permit’ that will allow large to open between 10:00 and 16:00 on all ordinary Sundays, as well as Good Friday and Liberation Day, but not on Christmas or Boxing Day, even if those dates fall on a Sunday. 

Costing £120, the permits would be available on an annual basis and expire on 31 December.

Pictured: The new regulations would not allow shops to open on Christmas or Boxing Day even if either falls on a Sunday.

As part of the changes, Senator Farnham has also tried to add “clarity” to the regulations surrounding petrol stations, which have continued to trade on Sundays despite operating on large retail sites.  

Whilst the proposals are yet to be officially put forward, the Minister hopes they will be debated and voted on by the States Assembly on 8 October 2019.

The Economic Affairs Scrutiny Panel, which is chaired by Deputy Kirsten Morel, previously said it would back the proposal in favour of Sunday trading as they believe the decision should be made by retailers.

The Panel said that giving larger shops the opportunity to open on a Sunday would increase the overall footfall in town on Sundays. This could in turn benefit the tourism industry by “ensuring St. Helier remains an interesting destination for weekend visitors".