Shops (Regulation of Opening) (Jersey) Regulations 2011: Law Drafting Instructions: Sale of petrol on a Sunday from any business regardless of size

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A decision made 14 September 2012:

Decision Reference: MD-E-2012-0107
Decision Summary Title :	Sunday Trading - the sale of petrol on Sundays		Date of Decision Summary:	13.09.12
Decision Summary Author:	Strategy Manager, Policy and Regulation		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Sunday Trading - the sale of petrol on Sundays - Report		Date of Written Report:	05.09.12
Written Report Author:	Strategy Manager, Policy and Regulation		Written Report : Public or Exempt?	Public
Subject: Development of legislation to amend the Shops (Regulation of Opening) (Jersey) Regulations 2011 to permit the sale of petrol as well as supplies and accessories for motor vehicles on Sundays from any business regardless of size.
Decision(s): To approve the law drafting instructions contained within the accompanying report and to pass these to the Law Draftsman.
Reason(s) for Decision: Under the Regulations as enacted, large businesses operate under a restrictive regime and cannot open on most Sundays. This has caused difficulties for large business which sell petrol, as there is an expectation on the part of consumers that they will be able to purchase petrol on a Sunday, as was the case under the previous Sunday trading scheme. The amendment to the Sunday trading Regulations will allow large business to sell petrol, (as well as vehicle supplies) on Sundays, without allowing them to sell the full range of their products (such as motor vehicles, in the case of showroom/garages).
Resource Implications: There should be no direct resource implications for the States.
Action required: The Strategy Manager, Policy and Regulation will pass the law drafting instructions to the Law Draftsman for consideration.
Signature: Senator A.J.H.Maclean		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Shops (Regulation of Opening) (Jersey) Regulations 2011: Law Drafting Instructions: Sale of petrol on a Sunday from any business regardless of size

Ministerial Decision - Report

Background

The new Sunday trading legislation created a framework for the administration of Sunday trading permits based on the size and type of businesses. Broadly, small shops under 700 square metres and all service businesses are eligible to receive a permit to open on Sundays, while larger retail outlets are restricted to opening on 5 Sundays or ‘special days (Liberation Day, Good Friday and 26h December) each year, and on a few special occasions.

The new legislation treats all retail outlets equally according to size, and currently makes no distinction between the types of goods that are sold. This contrasts with the previous 1960 legislation which allowed shops only to sell a restrictive list of goods. This has the effect of simplifying the Sunday trading scheme and most importantly of making it practically enforceable, as shops now have very simple rules about opening, and there is no longer a need to examine every item for sale in a shop to determine if the business is operating legally. The removal of special treatment for certain goods is therefore a key element of the new scheme.

At the time of debate, it had been intended that the new Sunday trading legislation would be examined after 12 months of operation to see if any unexpected results had arisen from the complete overhaul of the scheme. At this stage, only one issue has come to light which requires a change to the legislation.

In equalising the treatment of goods, the legislation restricts the operation of larger retail businesses, regardless of their products. This has raised a very specific issue with large multi-purpose shops which include petrol stations. If a petrol station is an integral part of a larger business over 700 square metres then it can only open on 5 Sundays per year, together with special occasions.

This means that a small category of shops, which have large footprints selling cars, motor accessories and petrol, cannot open on most Sundays. Concerns have been raised that this limits the options available to car drivers, and that there could, in theory, be detrimental effects (such as car breakdowns) resulting from a lack of available fuel and accessories. The sale of petrol on Sundays was also permitted under the 1960 scheme, and this is one of the very few examples where a transaction that was previously permitted is now restricted.

In order to resolve this anomaly the Minister intends to request that the Law Draftsman develop an amendment to the Shops (Regulation of Opening) (Jersey) Regulations 2011 which will allow the sale of petrol on Sundays from any petrol station. In order to conform to the expectation established under the 1960 law it is currently intended that supplies and accessories for motor vehicles also be included in the amendment, although this is subject to discussion with the Law Draftsman.

This will not take the form of a general exemption for any business with a patrol station, and is intended solely to correct an aspect of the legislation that conflicts with the previous position. For the avoidance of doubt, it must be recognised that the sale of motor vehicles themselves has never been legal on a Sunday (although the term ‘supplies and accessories for motor vehicles’ in the 1960 law may have been widely interpreted) and will not become so.

Also, the Sunday trading legislation has no provision for the granting of permits on 25th December, so no sales, be it of petrol or any other goods, can be permitted on Christmas Day.