Shop Trading Hours Act 1977

In this Act, unless the contrary intention appears—

a shop—

the floor area of which does not exceed 200 square metres; and

which does not adjoin, and is not adjacent to, a building, with a floor area exceeding one-half the floor area of the shop, that is used as a storeroom for the purposes of the shop; or

subject to subsection (2), a shop the business of which is the retail sale of all or any of the goods set out in any one of the following subparagraphs:

antiques (other than coins or stamps); or

live fish, fish food, aquariums, accessories for aquariums; or

paintings, reproductions, drawings, etchings, pottery, sculptures, artifacts, wood carving, leatherware, weavings, hand-made goods of glass, iron, copper or silver; or

newspapers, books, periodicals, greeting cards, posters, wrapping paper, stationery; or

pharmaceutical preparations, cosmetic and toilet requisites, first aid requisites, medical and surgical appliances; or

fresh flowers, living plants, floral arrangements, wreaths; or

non-alcoholic drinks, ice-cream, confectionery, light refreshments; or

household pets, pet foods or accessories; or

garden supplies; or

food—

souvenirs of a time, place or occasion, identified as such by inscription, stamping or marking; or

cigarettes, cigars, tobacco, smoker's requisites; or

caravans;

trailers;

a hairdresser's shop; or

subject to subsection (2), a shop—

the business of which is wholly or predominantly the sale of foodstuffs;

which has a floor area that does not exceed 400 square metres; and

which does not adjoin, and is not adjacent to, a building, with a floor area exceeding one-half the floor area of the shop, that is used as a storeroom for the purposes of the shop; or

subject to subsection (2), a shop within the premises of a squash centre, ten pin bowling alley or golf club, the business of which is the retail sale of sporting goods of a kind used in the sport carried on in or about those premises; or

a garden shop of the kind referred to in subsection (3), but does not include any shop the business of which is solely or predominantly the retail sale of—

motor vehicles (other than caravans or trailers) or boats; or

motor spirit or lubricants;

the area in which goods are displayed for inspection by the public; and

the area to which the public has access for the purpose of inspecting and purchasing goods; and

the floor area of any other shop (other than the floor area attributed to that shop by reason of this paragraph) that adjoins or is adjacent to the shop where—

both shops sell substantially the same classes of goods, or the classes of goods sold by the shops are such as are usually available from a single shop; and

the businesses of both shops are owned by the same person or by different persons who conduct the businesses as one business or substantially as one business;

the

the

any industry association representing the interests of shopkeepers in shops that would be the subject of the exemption or notice; or

any of the following entitled to represent employers, or employees, in shops that would be the subject of the exemption or notice:

organisations registered under the Fair

associations registered under the Fair

a distillate of crude oil commonly used as fuel for motor vehicles;

liquid petroleum gas or compressed natural gas that is sold, or is intended to be sold, as fuel for motor vehicles;

in which goods are sold by retail (including sale by auction); or

in which the business of a hairdresser or pawnbroker is carried on;

the

the

any

A shop is not an exempt shop by virtue of paragraph (b),

or (f) of the definition of exempt shop in subsection (1) unless during the immediately preceding period of seven consecutive trading days of the shop the aggregate price of all goods sold at the shop and that fall within any one or more of the classes of goods referred to in those paragraphs is 80 per cent or more of the aggregate price of all goods sold at the shop during that period.

The floor area of a shop from which motor spirit is sold does not include—

areas in which the only goods displayed for inspection by the public are motor spirit or lubricants;

areas to which the public has access for the purpose of inspecting or purchasing motor spirit or lubricants but not any other class or classes of goods.

When determining whether a shop from which motor spirit is sold is an exempt shop, any area used for the storage of motor spirit will not be taken into account.

If the business carried on at a shop that is not an exempt shop includes the retail sale of garden supplies that are displayed in a separate area of the shop (the garden shop), that area of the shop (but not any other part of the shop) will be taken to be an exempt shop if the following requirements are satisfied:

the aggregate price of all garden supplies selected from goods displayed at the garden shop and purchased during the immediately preceding period of seven consecutive trading days of the garden shop must be

the public must not have access to any other part of the shop at any time at which that part of the shop must be closed under this Act.