The question of the Sunday opening of shops, at present being considered by Parliament, has many dimensions, not the least of which is concerned with the property aspects of the legislation, though these are only now being brought into focus. At the heart of the current debate, however, are matters of apparently wider and more immediate concern — the hopeless muddle and inconsistency of the present law, the preservation of the “traditional” Sunday, the rights of shopworkers who may have to put in more hours when they would rather not, and the position of shopkeepers who could be forced to open to maintain market share.
Certainly the present law is confused, with some shops opening but able legally to sell only certain articles. When such outmoded legislation is honoured more in the breach than in the observance, and there are anomalies that make it almost impossible to enforce, it is surely time for reform. Religious arguments appear to centre on keeping Sunday somehow different — “not just another Saturday” — but the logic of sabbatarianism in this context is difficult to follow on two counts. Can it be seriously suggested that a committed Christian would be unable to attend a church because the shops were open? Or that attendances would rise if they stayed closed? The matter of shopworkers and their hours is another arguable point: for all the talk of “rights”, there may be those for whom the additional hours of overtime or the opportunity of part-time employment would be very welcome indeed. And in the welter of heated debate on Sunday trading — the Bill has stirred up opposition on a scale that appears to have taken the Government by surprise — it can be easily forgotten that what is at stake is the option to open. In Scotland, for example, where for several years there has been the freedom to trade on Sundays, it is estimated that rather less than 20% in practice do so.
It is highly unlikely, accordingly, that any permission for Sunday opening will have either an instant or a uniform effect. Both the national multiples and the individually owned stores will be gauging their competitors’ reactions. It may be that some towns will remain largely closed: others, where shops are good but parking is poor, will gain from the extended hours.
But the modern style of shopping centres, whether they are situated within a town or on its fringes, poses very different questions in this context, many of which are explored in a memorandum issued recently by the BCSC.(*) Leases in these centres, for example, are standardised, and many will not allow trading on Sundays and Bank Holidays. Given that there will be scope for agreement between the landlord and tenants on changing the terms, what will happen if and when several unit operators refuse to alter to Sunday trading? A partially open centre might be none too attractive. Yet this pattern may be inevitable: if it is, how are the heavy expenses of service charges to be shared when facilities such as security, heating and electricity cannot be easily and precisely monitored.
A sad aspect of contemporary society, to which the memorandum draws attention, is that the Sunday opening of shopping centres, particularly those with a climatically controlled environment, could intensify security operations. With few alternative attractions, the vagrants, hooligans and shoplifters would congregate to pose problems not merely for the internal security but also for the police. On a less acute level, “downtown” shopping centres open on a Sunday could demand traffic patrols and wardens if parking is to be controlled and chaos avoided.
Already, it appears, the Government is seeking methods of defusing opposition by a compromise, perhaps by allowing for a four-hour Sunday opening. This approach, by restricting those shops now trading, would surely only intensify the existing confusion. If there are to be limitations, would it not be better for each district council to determine its Sunday shopping hours in accordance with the wishes of its own electorate? In this instance there seems to be an eminently sound case for local discretion to be exercised.
(*) Proposals for the Shops Bill, a memorandum of observations by The British Council of Shopping Centres.
