Following our stories in GTN Xtra, 23rd March, it's clear that there is much confusion over the Sunday Trading Laws and garden centres opening their planterias on Easter Sunday.
Ashton Hall Garden Centre in Lancaster asked for clarity from their local council. This is the reply they received:
"Thanks for your enquiry, I have had an in-depth look into this subject and discovered that the Sunday Trading Act 1994 at face value does permit you to open. However the legislation was supplemented by Case Law in 1998 in the form of HASKINS GARDEN CENTRES LTD V EAST DORSET DISTRICT COUNCIL. What this did was to make the whole site one premises inclusively the case
HELD: "Large shop" properly described a premises, even when closed, where there was the serving of customers in connection with the sale of goods or where there was the display of goods. Although the words "a shop which has relevant floor area" were in the present tense, the issue of whether a premises was a large shop was to be assessed in the light of the situation which had continued for a period of time and was not to be assessed only at the time when it was open. Therefore the question of whether the appellant's premises were a "large shop" was not to be assessed by reference to the lean-to which was open on 7 April 1996 but were to be assessed as the area which was usually open. Accordingly the premises were a "large shop" which the appellant had opened contrary to Sch.1 para.2(1) and para.7(1) of the Act.
As a result of the case law and following consultation with our legal department, I am afraid that opening on Easter Sunday would be against the law as it presently stands."
Ashton Park ask: "We would like to know in light of this answer if it is ok to open our outdoor sales area or not. I see Hawley are even using their covered sales area. Is it up to local Authorities?"
Does any one else have any clearer interpretation of the Sunday Trading Laws? Please e-mail trevor.pfeiffer@tgcmc.co.uk or use the comments link below.
Meanwhile, Coolings at Knockholt have pointed out that they will be open as normal on Easter Sunday as they are exempt from Sunday Trading regulations, and as they are only 11 miles from Hawley Garden Centre it means gardeners in South East London and North Kent have a choice of at least 2 garden centres they can visit on Easter Sunday.
