Written Report – Law drafting regarding Special Occasions
Background
Since the late 1990s there have been special arrangements in place to allow shops to open in the run-up to Christmas, in order to allow last-minute shoppers the chance to stock up before the holidays. This has historically been connected to the Fête dé Noué, a program of events including street theatre, al fresco performances, craft markets and another entertainment, intended to entertain shoppers and bring more footfall to local retailers in the festive season.
The Fête dé Noué began as a relatively ‘focussed’ event spanning one weekend. However, as the Fête comprised a ‘fair, fete or festival’ under the Shops Sunday trading (Jersey) Law 1960, (meaning that shops could open on Sundays during the Fête) there was considerable pressure to extend the programme of events to allow more Sunday shopping in the run-up to Christmas.
The fete was eventually extended to four Sundays. While this allowed additional trading it stretched the programme of events and lowered the quality of the festival. Nevertheless, retailers were glad of the opportunity to make the most of the pre-Christmas rush. This shopping opportunity also seemed popular with the public.
The new legislation
In 2011, the States approved the Shops (Regulation of Opening) (Jersey) Regulations, which created a new Sunday trading scheme to replace the 1960 law. Under Regulation 4 the Economic Development Minister has the power to designate some days each year as ‘special occasions’ after consultation with the Comité des Connétables. (Good Friday, Liberation Day, Christmas Day or 26th December cannot be designated as special occasions.)
On special occasions, Connétables may publish a notice in the Jersey Gazette granting permission to trade to all shops of specified types, regardless of size. The Connétable has discretion over which types of business are included in this blanket permit. Conditions relating to hours of opening, deliveries, parking arrangements etc can be imposed upon shops opening under a blanket permit.
In 2011, the Minister designated the four Sundays before Christmas as special occasions, as this met the prevailing expectation of retailers and the public.
A side effect of the new law is to ‘decouple’ Sunday trading from the Fête dé Noué, which has allowed the Fête to return to a shorter and more cost-effective form.
The Order
There have been calls from both Parishes and retailers to establish a system by which all parties can be informed well in advance about the planned special occasions each year, and can confidently plan their business operations, including Sunday opening for large businesses, without the danger of a surprise late in the year.
Accordingly, after consultation with the Comité des Connétables the Minister is minded to ask the Law Draftsman to develop an Order that designates the required special occasions not only in 2012 but also for 2013 onwards.
This will provide the necessary certainty to shops and the public, and separately help to conserve scare law drafting resources, as an Order will not need to be drafted every year.
The order will include a formula, which, subject to the approval of the Law Draftsman, will read approximately as follows-
The following days shall be designated as special occasions-
Where Christmas Day falls upon a Monday, Tuesday or Wednesday, the first four Sundays in December.
Where Christmas Day falls upon a Thursday, Friday, Saturday or Sunday, the last Sunday in November and the first three Sundays in December.
This decision reflects the Minister’s intention to pass the formula and drafting instructions in the terms above to the Law Draftsman for development of an Order.
Resource implications
There are no resource implications to the States.