Sunday shopping or Sunday trading refers to the ability of retailers to operate stores on Sunday, a day that Christian tradition typically recognises as a day of rest, though the rationale for Sunday trade bans often includes secular reasoning. Rules governing shopping hours, such as Sunday shopping, vary around the world but many countries and subnational jurisdictions continue to ban or restrict Sunday shopping. In the United States, rules are enshrined within .
Public authorities hurt consumers by keeping stores from choosing their opening hours according to their market presumptions of consumers' demand. According to the OECD, demand has strongly evolved towards greater flexibility, also due to a greater diversity of working hours in the economy in general, as well as to a higher female labour participation in the labour market.OECD Economic Studies, No. 32, 2001/1.
Before the liberalisation of shop opening hours in a country like Austria, for example, one could observe an increase in cross-border shopping towards countries with more liberal shopping hours.
It has not been proven that Sunday shopping hurts retailers by leading all of them to open longer hours. Consumer preferences can point in the direction of an extension of shop opening hours in a given area without this need arising in another area. In Spain, for instance, where relatively few restrictions survive, retail stores are open an average of 46 hours per week. In Sweden, 15 years after liberalisation, supply as regards shop opening hours has not yet standardised itself. On the contrary, if 80% of the department stores and supermarkets are open on Sunday, only half of corner shops and 48% of furniture stores are open on this day.
Final extension of opening hours, for each individual firm, will depend on:
An economic model of free competition in prices and opening hours with free entry has shown that restrictions on opening hours aggravate a market failure: entry is excessive and opening hours are underprovided. The model predicts the impact of a liberalization of opening hours: in the short run prices will remain constant, but increase in the long run. Concentration in the retail sector will rise and opening hours will increase in two steps, immediately after deregulation and further over time. Finally, employment in the retail sector increases.
Campaigns for deregulation of Sunday shopping have been put forward mainly by liberalism. But as long ago as 1899, even US Christian churchgoers were calling for a reform of the laws in the US, because the result was not more people going to Church but "enforced idleness": George Orwell uses the term in Down and out in Paris and London to remark that the worst problem of the underclass is being made to wait.Louis XIV of France famously was annoyed by being "nearly made to wait".
A Deontology argument based on Individualism principles holds that business owners should be free to set whatever hours they please and to hire whatever workers are available, able, and willing to work during those hours.
The Canadian Labour Code states that workers must get at least one full day (of rest), and that "wherever practicable, Sunday shall be the normal day of rest" s.173. In the United States, the eight-hour day and working time standards are enforced by the Fair Labor Standards Act. In the European Union, it is governed by the Working Time Directive.
United States jurist Stephen Johnson Field, with regard to Sunday blue laws, stated:
Erwin Fahlbusch and Geoffrey William Bromiley write that throughout their existence, organizations advocating first-day Sabbatarianism, such as the Lord's Day Alliance in North America and the Lord's Day Observance Society in the British Isles, were supported by labor unions in lobbying "to prevent secular and commercial interests from hampering freedom of worship and from exploiting workers." For example, the United States Congress was supported by the Lord's Day Alliance in securing "a day of rest for city postal clerks whose hours of labor, unlike those of city mail carriers, were largely unregulated." In Canada, the Ligue du Dimanche, a Roman Catholic Sunday league, supported the Lord's Day Act in 1923 and promoted first-day Sabbatarian legislation. Dies Domini, written by Pope John Paul II in 1998, advocates Sunday legislation in that it protects civil servants and workers; the North Dakota Catholic Conference in 2011 likewise maintained that blue laws, in accordance with the Compendium of the Social Doctrine of the Church, "ensure that, for reasons of economic productivity, citizens are not denied time for rest and divine worship." Similarly, Chief Justice Earl Warren, while acknowledging the partial religious origin of blue laws, acknowledged their "secular purpose they served by providing a benefit to workers at the same time that they enhanced labor productivity", declaring: that "the State seeks to set one day apart from all others as a day of rest, repose, recreation and tranquility--a day which all members of the family and community have the opportunity to spend and enjoy together, a day on which there exists relative quiet and disassociation from the everyday intensity of commercial activities, a day on which people may visit friends and relative who are not available during working days."
In some religions, the day of the Sabbath is the seventh day of the week, said to be the day God rested after six days of creation. This is written in the Torah or Old Testament and New Testament (Genesis 2:2-3; Exodus 20:8; Exodus 23:12; Exodus 31:13-17; Deuteronomy 5:12: Hebrews 4:4-8) of the Bible. Specifically, number 3 or 4 in the list of the Ten Commandments is "Remember the Sabbath day, to keep it holy". Not to follow one or many of the Ten Commandments can be considered a sin, or a wrong thing to do. In Judaism, the Sabbath is the seventh day of the Yom Sheni, which in English is known as Saturday.
The following European Union countries currently allow all shops to open for at least part of every Sunday: Bulgaria, Czech Republic, Denmark, Estonia, Finland, Ireland, Hungary, Italy, Latvia, Lithuania, Netherlands, Portugal, Romania, Slovakia and Sweden.
The following European Union countries currently allow shops to open every Sunday in towns and cities designated as tourist destinations and currently have a very extensive list of them that includes capitals and major cities: Belgium, France and Spain.
In Malta, restrictions were lifted in early 2017, and grocery shops are now allowed to open; other stores have to pay a weekly fee of €700 to be allowed to legally trade on Sundays. Sunday shopping restrictions lifted − Times of Malta
There are also arrangements for food stores to open on Sunday and wider arrangements for Sunday opening of certain sectors such as furniture stores, DIY stores and garden centres.
A new temporary ban, introduced between 27 April 2020 and 26 May 2020 related to measures to restrict the spread of COVID-19, was also declared unconstitutional on 14 September 2020. In 2023, a ban on Sunday shopping was enacted. Starting on 1 July 2023, shops are only able to stay open for 16 Sundays a year.
Hyper- and supermarkets are typically open on Sundays from 7 am or 8 am until 8 pm or even until 10 pm.
In 2008, the Swedish furniture chain IKEA was fined €450,000 (over $700,000) for trading on Sundays under the law of 1906. Within the current law, IKEA stores in France are allowed to open on a Sunday. However, only the ones in the Paris metropolitan area actually do so.
In 2004, the Federal Constitutional Court ruled against lifting restrictions on Sunday opening, which is still confined to some small bakeries and convenience stores inside railway stations and airports.
In 2006 and 2007, the responsibility for opening hours was transferred to the state governments instead of the federal government, leading to an end to regulated Monday–Saturday opening hours in several states.
Studies on the German deregulation find that, far from causing an increase in consumer prices, the liberalisation lowered prices to some extent, though revenue was unaffected. This decrease in prices was probably driven by productivity increases created by the smoothing of consumer traffic over a longer period of time and the greater ability of consumers to compare prices in a deregulated environment.
However, there is still strong resistance to Sunday shopping from clergy and politicians.
As of 2013, the number of Sunday shopping days per year became regulated by the local government bodies. Berlin, for example, allowed 10 Sundays each year in 2013, reduced to 8 Sundays in 2014, of which two must be during the month before Christmas. In addition, a few supermarkets, located at major subway/railway stations, are allowed to be open for Sunday shopping all year.
Several major railway stations are permitted to operate their shops, such as grocery stores, bookstores, and drug stores, on Sundays.
From 15 March 2015, new regulations banned shops from opening on Sundays. The new regulation only allowed trading by shops with an area no greater than , and even then only if they are operated by the owner or a close family member related by blood or marriage. The general exception from the law is the four Sundays in Advent and one day that the shops can choose themselves. Lidl chooses to open and close different stores on different Sundays, and lists which will be open in its flysheets.
Due to these rules being unpopular amongst the general public, a referendum was also planned against a Sunday shopping ban. From 17 April 2016, the shopping hours in Hungary are again unregulated. On public holidays (1 January, 15 March, Easter Sunday, Easter Monday, 1 May, Pentecost Sunday and Monday, 20 August, 23 October, 1 November, 25 and 26 December), all shops have to be closed. On Christmas Eve, shops must close by 14:00; while on 31 December, shops can be open until 18:00.
Major retail chains (such as supermarkets, department stores, shops that specialise in DIY, household goods, clothing, etc.) and many independent retailers open their branches throughout Ireland on Sundays, usually from 10:00-19:00 in the larger towns and cities and from 12:00-18:00 in the smaller centres. In Dublin, almost all shops are open on a Sunday.
Shopping centres are open on Sundays with a later opening time (11:00 onwards) and closing time between 18:00-20:00.
Supermarkets, convenience stores and petrol stations are open longer hours than other shops on Sundays, typically from early morning (06:00-10:00) to late evening (20:00-00:00).
Alcohol can only be sold in shops with a special licence – this includes most supermarkets, convenience stores and petrol stations. Alcohol can only be bought between 12:30-22:00 on Sundays (where it is 10:30-22:00 on all other days).
The relaxed nature of the Sunday trading hours in the Republic of Ireland saw in previous years, a large influx of people from Northern Ireland crossing the border to shop, eat and drink as Northern Ireland traditionally had very strict Sunday trading rules – and still does to this day by comparison. For example, pubs in Northern Ireland were not permitted to open on Sundays until 1989. This affected trading in key border towns and cities, especially in County Donegal, County Monaghan, County Cavan and County Louth. Many people from Northern Ireland would spend most of their Sundays across the border, as nearly all of their shops, pubs and restaurants were open.
In The Netherlands, all municipalities have the authority to allow shops to open every Sunday. In major cities (such as such as Amsterdam, Rotterdam, The Hague and Utrecht) most shops are open every Sunday from 1200-1700 or 1800. Nationwide, most supermarkets are open on a Sunday although opening hours vary. In the Christian-dominated Bible Belt area, most shops stay closed on Sundays due to severe pressure from conservative Christians claiming Sunday as a day for worship and rest only. In the past, municipalities would allow shops to open on particular Sundays, often once a month, and these would be known as a koopzondag in Dutch language, literally a "Sunday of buying".
Currently, shopping hours of stores are restricted on 13 public holidays during the year.
A bill has been put forward to the Polish parliament by the Solidarność trade union to ban Sunday shopping for larger retail stores all Sundays (apart from 7 Sundays during the year).
As a result of a long public debate in 2007, a law was passed banning trade on public holidays, but not on Sundays. The law entered into force on 26 October 2007, and the first day of the ban was All Saints' Day on 1 November 2007.
The days of restricted shopping are:
In 2014, the Sejm rejected a civil law bill amending the Labour Code, which prohibits stores closing on Sundays.
Currently stores close earlier on – this being in the interest of workers and not regulated legally:
Employees are forbidden from working on public holidays. Only owners and contract workers can sell during holidays. Petrol stations and pharmacies are exempt from this restriction.
Planned Sunday Shopping Ban
A debate within Poland's parliament is currently discussing the draft bill from the largest trade union, Solidarność, which submitted the bill to parliament to restrict retail trade on Sundays in late 2016. The ban on Sunday trading would affect most retail outlets, with some exceptions as pharmacies, bakeries (until 13.00), flower stores, religious stores and restaurants.
It would be forbidden, according to the bill, to open on all Sundays, apart from the following exceptions:
Furthermore, store openings would be restricted to opening on the following days to 14.00:
In March 2018 a new Polish law took effect, banning nearly all commerce on Sundays (except for the first and last Sunday of each month in 2018 and the last one in 2019), with supermarkets and most other retailers closed on Sundays for the first time since liberal shopping laws were introduced in the 1990s. The law had been passed by the Law and Justice party, with support of the Catholic Church.
In June 2000, measures were adopted to liberalise shop opening hours, causing great controversy. The regional governments, the employers' associations representing small and medium-sized retailers and the trade unions opposed the reform. The CEOE employers' confederation and the employers' associations representing large retailers were in favour of the changes. Controversy over liberalisation of shop opening hours, EIRO online, 2000
Currently, each autonomous community may establish its own Sunday opening calendar. The general trend is to allow Sunday opening once a month (usually the first Sunday) and every Sunday during special shopping seasons (including Christmas and sales). Certain sectors (including bars, restaurants, bakeries, pharmacies, fairly big convenience stores, small family-run stores, and bookshops) are granted an exception and may open every Sunday with no restrictions. It is not hard to find a small grocery store open on Sunday in any Spanish town as of 2011.
Religious concerns have been notably absent from the debate. The main bone of contention lies in the competition between big department stores, supermarkets and shopping centres, who push for complete liberalisation, and small family-run shops, who cannot afford extra staff to open on Sundays.
In July 2012 all restrictions were lifted for the whole Madrid metropolitan area and all towns in Madrid province. Ever since shopping malls, supermarkets and shops in city centres of each city have started opening every Sunday.
Shops in towns and areas declared as touristic are allowed to open every Sunday. The list as of 2013 is quite extensive as it includes central Madrid, most of Valencia municipality (including every shopping mall in the city), central Zaragoza, central Palma de Mallorca, most of the Catalan coastal area (except Barcelona), most of the Murcia coastal area, as well as many municipalities in the Madrid metropolitan area, the Andalusia coastal area and the Valencia coastal area. Shopping malls and hypermarkets in these areas usually stay open every Sunday.
In Spain, where relatively few restrictions survive, small retail stores open 46 hours per week on average. This runs counter to the prediction that Sunday shopping hurts retailers by leading all of them to open longer hours.
In Sweden, 15 years after the liberalisation, supply as regards shop opening hours has not yet standardised itself. On the contrary, if 80% of the department stores and supermarkets are open on Sunday, only half of corner shops and 48% of furniture stores are open on this day. This supports the argument that consumer preferences can point in the direction of an extension of shop opening hours in a given area without this need arising in another area.
Pursuant to an ordinance of the Federal Department of Economic Affairs, the following train stations and airports are allowed to include shops that are open on Sundays: Aarau, Baden, Basel SBB, Bellinzona, Bern, Biel, Brig, Chur, Frauenfeld, Fribourg, Geneva, Lausanne, Lugano, Lucerne, Neuchâtel, Olten, Schaffhausen, Solothurn, St. Gallen, Thun, Uster, Visp, Wil, Winterthur, Zug, Zürich Enge, Zürich Hauptbahnhof, Zürich Oerlikon, Zürich Stadelhofen; Bern Airport, Geneva Cointrin International Airport, Lugano Airport, Sion Airfield, St. Gallen-Altenrhein Airport, Zürich Airport.
However, some large shops, such as , service stations and garages, are exempt from the restrictions. Christmas Day and Easter Sunday have been excluded as trading days. This applies even to garden centres, which earlier had been trading over Easter, but not to small shops (those with an area of below 280 square metres). In 2006, the government considered further relaxation of the permitted hours of business but decided that there was no consensus for change, although a popular poll indicated differently. Some local councils require a trader to give notice before trading on Sundays, but they cannot refuse permission; so most councils no longer even require notice.
Since the 1994 Act allowed stores to open, stores seem to keep to it meticulously, perhaps more so than before when they were flagrantly breaching the law by opening at all. However, there is a tendency to open half an hour earlier but not allow sales before the allotted time, to allow people to "browse" and thus effectively extend the opening hours of the store without breaking the law. For example, in Birmingham in 2005 several stores opened seven hours, 10.30 am to 5.30 pm, but would not have been able to sell throughout that time without breaking the law.
In 2012, emergency legislation was passed stipulating that Sunday Trading Laws (Sunday Trading Act 1994) would be suspended by the government on eight weekends from 22 July during the Olympics and Paralympics.
In 2014 Philip Davies MP (Conservative, Shipley) called for a permanent abolition of the restrictions.
In July 2015 it was proposed that Sunday trading hours should become a devolved issue for local government. The Enterprise Bill 2015–16 introduced in September 2015 included a provision for major towns and cities to decide how long shops could open for on Sundays.
However, the bill's proposals with regard to Sunday trading were defeated in the House of Commons in March 2016 and the government indicated that it had no intention to reintroduce the measure.
Scotland has never had any general legislation regarding Sunday trading. However, the Sunday Working (Scotland) Act 2003 prohibits shops from compelling their workers to work on Sunday. This lack of restriction allows opening hours of larger shops to be longer than in England and Wales and Northern Ireland, and many large supermarkets remain open seven days a week with little or no adjustment of opening hours at the weekend. There is no equivalent to the legal restriction on Easter Sunday opening that exists in England and Wales, but opening on Christmas Day is very unusual.
Actual practice varies across the country according to local custom and local council regulation. In the Western Isles, where the Free Church of Scotland has a considerable following, there is virtually no commercial activity on Sundays until 6:45 am on Monday. In tourist and holiday areas there is typically an increase in the number of shops opening late and on Sundays during their particular tourist seasons.
Former restrictions include:
Pubs in Northern Ireland were not allowed to open on Sundays until 1989.
In 1982, the Supreme Court of Canada upheld the Lord's Day Act. However, at that time, only the Canadian Bill of Rights existed. That document only protected existing Canadian rights. As a result, the Court noted that Canada was an overwhelmingly Christian country that had accepted Sunday closing laws for years. The Court determined that the Lord's Day Act did not force people to practice Christianity or stop practising their own religion.
However, later that year, the Canadian Charter of Rights and Freedoms was introduced, ensuring freedom of conscience and religion, regardless of existing federal or provincial laws. On 24 April 1985, the Supreme Court of Canada ruled that the Lord's Day Act violated Canadians' freedom of religion. The 1985 ruling examined the original purpose of the act. It found that the Christian value of keeping Sunday holy had been incorporated into a law that affected all Canadians, Christian or not. This law—the Lord's Day Act—prevented non-Christians from performing otherwise legal activities on Sundays. This was inconsistent with the Canadian charter.
By mid-2006, several grocers in Nova Scotia including Pete Luckett and larger chains such as Atlantic Superstore and Sobeys circumvented the law by reconfiguring their stores on Sundays into separate businesses, each of which was small enough in area to be exempt from the Retail Business Uniform Closing Day Act. For example, a Halifax-area Sobeys location was known as the "Sobeys Queen Street Mall" and housed the Sobeys Retail Fish Store Ltd., Sobeys Fruit Stand Ltd., Sobeys Bakery and Bulk Food Ltd. and eight other separate "businesses".
On June 23, 2006, the Premier of Nova Scotia, Rodney MacDonald, announced new limits on Sunday shopping as a means to honour the wishes of voters in the 2004 plebiscite. The proposed new regulations prohibited grocers and other retailers from opening if they reconfigured their businesses as separate operating units after 1 June 2006. The premier also announced that he would seek the views of the public in a new plebiscite to coincide with municipal elections scheduled for 2008.
On July 2, 2006, members of the Halifax Regional Police entered the Barrington Street Atlantic Superstore in Halifax with measuring tapes and began an investigation to see if the grocer was in compliance with the Retail Business Uniform Closing Day Act. Three days later, on July 5, 2006, Sobeys filed a motion in the Supreme Court of Nova Scotia to have the Retail Business Uniform Closing Day Act and the new regulations announced by Premier MacDonald to be declared invalid. Sobeys was joined by Atlantic Superstore in the case, who entered by seeking intervener status.
Sobeys felt that the law was unjust since it permitted competitors such as Pete Luckett in Bedford to open Sundays. Pete's Frootique had taken the provincial government to court seven years earlier and won the right to open on Sundays with its separate operating divisions, thus it was "grandfathered" in the new regulations announced by Premier MacDonald.
On 4 October 2006, the Supreme Court of Nova Scotia ruled that the Government of Nova Scotia had overstepped its authority by forcing the supermarkets to close. In response, Premier Rodney MacDonald announced that effective Sunday, October 8, Sunday shopping would be an unrestricted option open to all retail stores, and can be open on all holidays except Remembrance Day, for which there was a separate provincial law forcing all businesses to close. Since then, Sunday shopping has been adopted throughout the province.
In June 1990, the Supreme Court of Ontario found the act to be unconstitutional. As a result, Ontario had nine months of open-wide Sunday shopping, until the Ontario Court of Appeal's reversal of the decision in March 1991.
However, public opposition to Sunday closing continued to rise. Bowing to public pressure, the Rae government amended the Retail Business Holidays Act in June 1992 to permit Sunday shopping in Ontario.
In Prince Edward Island, it is only permitted after 12 noon from the Sunday before Victoria Day until Christmas Eve. This was repealed on November 25, 2010, allowing stores to open at any time on Sunday year-round.
In Manitoba, it is up to each municipality for approval. As of January 2021, Sunday shopping is permitted without restrictions.
In New Brunswick, the decisions require dual approval from municipal and provincial officials (although that is in the process of being changed), otherwise it is only permitted from August to the first Sunday in January. Some cities restrict Sunday hours to 12:00 pm to 5:00 pm. Fredericton has recently (as of August 12, 2013) passed a law revoking any restrictions on Sunday shopping hours.
In the 1990s, Quebec allowed wide-open shopping from 8:00 am until 5:00 pm the exception being grocery stores that could remain open later, but they could not have more than four employees on staff after 5:00 pm. The law was changed in the 2000s to allow supermarkets to remain open until 8:00.
pm with an unlimited number of employees.
Other provinces allow wide-open shopping all day on most Sundays (except when it falls on a holiday or when objected by municipalities).
Newfoundland and Labrador lifted restrictions on retail stores operating on Sundays starting on January 1, 1998.
Sunday opening became widespread in most of South America by the early 1980s.
Certain shops are generally made exempt, or partially exempt, from trading hours laws (including restrictions on Sunday trading) under certain conditions. Shops that are not exempt from trading hours restrictions are referred to as "general" or "non-exempt" shops. Although these vary from state to state, generally speaking, exemptions can be based on one or more of the following:
Under the current act, Sunday trading is unrestricted; however, retail shops must close on Good Friday, Easter Sunday, Christmas Day, Boxing Day, and until 1 pm on ANZAC Day, unless exempted. Exemptions are granted generally by virtue of small size, location,New South Wales Government Department of Industrial Relations 89B Exemptions For Shop Trading. Retrieved 8 November 2010. types of goods traded; other shops must apply for an exemption to trade on a restricted day through the Department of Industrial Relations.
Prior to these laws, shops not generally exempted were required to apply to trade on Sunday and other public holidays, to be granted if the shop was "serving predominantly the tourist or visitor trade, significant public demand or operates in a holiday resort area".New South Wales Government Office of Industrial Relations. Regulation of Shop Trading Hours in NSW – An Outline. Retrieved 2008-03-21. In practice however, Sunday trading remained commonplace.
General retail shops are permitted to trade in the Perth metropolitan area between 8:00 am and 9:00 pm Monday to Friday, 8:00 am to 5:00 pm on Saturday, 11:00 am to 5:00 pm Sunday and public holidays. General retail shops are required to be closed on Christmas Day, Good Friday and ANZAC Day.
Arguments against Sunday shopping
Sunday shopping by continent
Europe
European Union
Belgium
Czech Republic
Croatia
Denmark
Finland
France
Germany
Hungary
Ireland
Netherlands
Poland
Spain
Sweden
Other European countries
Bosnia and Herzegowina
Norway
Switzerland
United Kingdom
England and Wales
/ref> This led to the Sunday Trading Act 1994 permitted "large shops" – those with a "relevant floor area" in excess of – to open for up to six hours on Sunday between the hours of 10 am and 6 pm. Small shops, those with an area of below 280 m2, are free to set their own Sunday trading times.
Scotland
Northern Ireland
Asia
China
Hong Kong
Philippines
Africa
South Africa
North America
Canada
Alberta
Nova Scotia
Ontario
Other Canadian provinces
United States
New Jersey
North Dakota
Georgia and Oklahoma
Virginia
North Carolina
District of Columbia
Others
South America
Oceania
Australia
New South Wales
Victoria
Queensland
South Australia
Western Australia
Tasmania
Australian Capital Territory
New Zealand
See also
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