Draft Shops (Regulation of Opening and Deliveries) (Jersey) Repeal Law 202-.

STATES OF JERSEY

DRAFT SHOPS (REGULATION OF OPENING AND DELIVERIES) (JERSEY) REPEAL LAW 202-

Lodged au Greffe on 10th February 2026

by the Minister for Sustainable Economic Development Earliest date for debate: 24th March 2026

STATES GREFFE

2026  P.40/2026

DRAFT SHOPS (REGULATION OF OPENING AND DELIVERIES) (JERSEY) REPEAL LAW 202-

European Convention on Human Rights

In accordance with the provisions of Article 16 of the Human Rights (Jersey) Law 2000, the Minister for Sustainable Economic Development has made the following statement –

In the view of the Minister for Sustainable Economic Development, the provisions of the Draft Shops (Regulation of Opening and Deliveries) (Jersey) Repeal Law 202- are compatible with the Convention Rights.

Signed:   Deputy K.F. Morel of St. John , St. Lawrence and Trinity Minister for Sustainable Economic Development

Dated:  10th February 2026

REPORT

Summary

1. The Draft Shops (Regulation of Opening and Deliveries) (Jersey) Repeal Law 202- (the draft Law) is intended to repeal the Shops (Regulation of Opening and Deliveries) (Jersey) Law 2010 and the subsequent Shops (Regulation of Opening) (Jersey) Regulations 2011 (collectively referred to as the 2010 Law).
2. If adopted, the repeal will remove the outdated requirement for shops to obtain permits to open on Sundays and public holidays – an administrative burden that no longer reflects the needs of businesses, consumers, or the wider economy. The current system imposes unnecessary costs and bureaucracy, with little demonstrable benefit.
3. The draft Law empowers businesses to respond flexibly to consumer demand and supports this Government's strategic priorities of removing barriers to business and contributing to a continued effort to improve placemaking both in town and Island-wide . The rescindment will also provide equal opportunity for all shops (not just permit holders) to capture footfall and adapt for their customers. There is real potential for increased vibrancy, and for the stimulation of economic activity on historically quiet' days.
4. A Code of Conduct has been produced, in collaboration with the Chamber of Commerce, to promote good neighbour' practice and ensure guidelines regarding wholesale deliveries, and noise levels, are adhered to. This will enable businesses to open, trade, and receive deliveries without a permit, whilst avoiding nuisance to their neighbours.
5. Rather than layering Amendments or Regulations, repealing the 2010 Law represents the simplest and most effective route to remove a known barrier to business, whilst retaining enforcement mechanisms through existing legislation such as nuisance law.
6. The  repeal  is  not  only  desirable  to  businesses,  but  necessary.  It  reflects  a  shared understanding that the 2010 Law is outdated and that a more agile, market-led approach is required to support Jersey's evolving retail and visitor economy.

Background and Rationale

7. The 2010 Law sought to establish a balanced approach to Sunday trading, replacing the more restrictive and prescriptive Shops (Sunday Trading) (Jersey) Law 1960. It allowed smaller  shops  greater  flexibility  and  exempted  certain  businesses  from  permit requirements, while imposing limitations on larger shops. The law aimed to deregulate as far as was possible at the time.
8. Since 2010, the retail landscape has evolved significantly. In 2019 the States Assembly voted to remove restrictions on stores larger than 700m2, allowing them to open between 10 a.m. and 4 p.m. on Sundays under a Restricted Hours permit. Despite this progress, businesses must still apply for permits, costing £120 for Restricted Hours and £60 for General or Single Permits – issued by the relevant Parish.
9. The need for permits is widely regarded as outdated, inefficient, and unnecessary in 2025. Multiple Government reports have identified the 2010 Law as a barrier to business, and multiple factors have changed, particularly in the post-COVID context. A summary of relevant public commitments is below:

10. The  Barriers  to  Business  report recommended  removing  trading  permissions  for  all businesses as long as they follow set guidelines. Doing so would allow market forces to dictate opening hours with no applications required, but policed by exception through other pre-existing legislation such as Statutory Nuisances (Jersey) Law 1999.
11. Repealing the 2010 Law also strengthens Jersey's offer to prospective investors. Inward investment work undertaken by the Department includes seeking to attract new retailers that, in many jurisdictions, would typically be open every Sunday. Deregulating this area would remove additional cost and red tape to operate which is perceived as a barrier to entry.
12. Islander consumer habits and desires have also shifted. The April 2023 Retail Research Report evidenced that Islanders are highly interested in Sunday shopping, with 64% in favour and 62% also wanting to be able to shop in the evenings year-round (rather than just at Christmas). This also aligns with a key strategic objective of this Government: to increase the vibrancy of St Helier and stimulate economic activity.
13. Alongside evidence that residents are interested in Sunday shopping, data from the exit survey consistently shows that shopping for non-essential goods ranks as the first or second most popular activity for visitors. Removing the restrictions in place for Sunday trading would therefore enable shops to capture this opportunity without the need for an additional permit, particularly now that the newly digitised GST refund scheme gives visitors more reason to shop and spend in Jersey's local economy.

14. Additionally, the draft Law addresses practical challenges in food retail, due to the nature of much of our food being imported to the Island. In cases of delayed freight shipments, some shops must occasionally open to receive deliveries on currently restricted days – currently requiring ad hoc permission from the relevant Parish Connétable . Repealing the 2010 Law will avoid further product and financial waste. There is also potential for less congestion in car parks due to longer opening hours.

Consultation

15. The draft Law has been shaped by numerous Government reports and consultation with key stakeholders, ensuring that the proposed repeal is both practical and supported by those most affected.
16. We have worked closely with the Chamber of Commerce Supply and Retail Committee during this process, and they have been instrumental in the development of the Code of Conduct. This collaborative approach ensures that the repeal is accompanied by safeguards that protect community interests whilst giving businesses the freedom to operate.
17. As the largest issuer of Sunday Trading permits, the Connétable s and Officers of the Parish of St. Helier have also been actively engaged. Their insights have helped to identify operational inefficiencies and confirm that the 2010 Law is no longer fit for purpose. The Parish has acknowledged that permits are routinely granted and rarely rejected or subjected to compliance checks.

Financial and resource implications

The draft Law does not have financial or staffing implications within Government. However, it should be acknowledged that there are revenues collected by the Parishes from the permits for Sunday trading.

If the draft Law is passed, these permits will no longer be issued, so each Parish will no longer collect this revenue. The Parish of St. Helier has not confirmed how much revenue it generates from the issuing of Sunday Trading Permits, but parish officials have informed Government anecdotally that the maintenance of the permit scheme is a net cost to the Parish.

Children's Rights Impact Assessment

A Children's Rights Impact Assessment has been prepared in relation to this proposition and is available to read on the States Assembly website.

Human Rights

The notes on the human rights aspects of the draft Law in the Appendix have been prepared by the Law Officers' Department and are included for the information of States Members. They are not, and should not be taken as, legal advice.

APPENDIX TO REPORT

Human rights notes on the Draft Shops (Regulation of Opening and Deliveries) (Jersey) Repeal Law 202-

These notes have been prepared in respect of the Draft Shops (Regulation of Opening and Deliveries) (Jersey) Repeal Law 202- (the "draft Law") by the Law Officers' Department. They summarise the principal human rights issues arising from the contents of the draft Law and explain why, in the Law Officers' opinion, the draft Law, in the form reviewed by them, is compatible with the European Convention on Human Rights ("ECHR").

These notes are included for the information of States Members. They are not, and should not be taken as, legal advice.

The draft Law, if passed, would repeal the Shops (Regulation of Opening and Deliveries) (Jersey) Law 2010 (the "2010 Law") and the Shops (Regulation of Opening) (Jersey) Regulations 2011 (the "2011 Regulations"), which would result in restrictions on trading on Sunday, Good Friday, Christmas Day or Liberation day being removed, and all restrictions on the timing of deliveries also being lifted.

The draft Law potentially engages Article 8 (the right to private and family life) and Article 9 (freedom of thought, conscience and religion) in relation to the repeal of the 2010 Law and the 2011 Regulations.

Whilst the draft Law may engage Article 8 rights in relation to a possible requirement to work on Sunday interfering with private and family life and the noise from deliveries interfering with private and family life, and Article 9 rights in relation to the requirement to work on a Sunday potentially interfering with religious practice, there are existing safeguards in place to prevent interference with these rights.

There are provisions in Part 3A of the Employment (Jersey) Law 2003 (the "2003 Law") which would enable an employee to request flexible working arrangements (if not requested under their contract of employment) to enable them to not work on a Sunday. Under Article 15A of the 2003 Law, an employee has the right to request  a change of the terms and conditions of their employment to enable flexible working, which could accommodate a request not to work on Sundays. The employer would not be obliged to agree but would need to follow the requirements set out in Article 15B of the 2003 Law.

In relation to the potential interference with Article 8 due to noise disruption from restrictions on deliveries being lifted, the provisions in the Statutory Nuisances (Jersey) Law 1999 (the "1999 Law") could be relied on if the noise or disruption falls under the definition of statutory nuisance in Article 2 of the 1999 Law.

For these reasons, it is considered that the provisions in the draft Law are compatible with Article 8 and Article 9 ECHR.

Draft Shops (Regulation of Opening and Deliveries) (Jersey) Repeal Law 202-  Explanatory Note

EXPLANATORY NOTE

This Law, if passed, repeals the Shops (Regulation of Opening and Deliveries) (Jersey) Law 2010 and the Shops (Regulation of Opening) (Jersey) Regulations 2011. A provision containing a reference to the repealed Law in the Licensing (Jersey) Law 1974 is also deleted.

The Law comes into force 7 days after it is registered.

Draft Shops (Regulation of Opening and Deliveries) (Jersey) Repeal Law 202-  Article 1

DRAFT SHOPS (REGULATION OF OPENING AND DELIVERIES) (JERSEY) REPEAL LAW 202-

A LAW to repeal the Shops (Regulation of Opening and Deliveries) (Jersey) Law 2010 and the Regulations made under it.

Adopted by the States  [date to be inserted] Sanctioned by Order of His Majesty in Council  [date to be inserted] Registered by the Royal Court  [date to be inserted] Coming into force  [date to be inserted]

THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law –

1  Repeal of Shops (Regulation of Opening and Deliveries) (Jersey) Law 2010

The Shops (Regulation of Opening and Deliveries) (Jersey) Law 2010 is repealed. 2  Repeal of Shops (Regulation of Opening) (Jersey) Regulations 2011

The Shops (Regulation of Opening) (Jersey) Regulations 2011 are repealed.

3  Consequential amendment

In Article 66(b) of the Licensing (Jersey) Law 1974, clause (ii) is deleted.

4  Citation and commencement

This Law may be cited as the Shops (Regulation of Opening and Deliveries) (Jersey) Repeal Law 202- and comes into force 7 days after it is registered.