Shops (Hours of Trading) Act, 1938

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Definitions and interpretation.

2.—(1) In this Act—

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “excepted business” means any business specified in the Second Schedule to this Act;

the expression “retail trade or business” includes the business of a barber or hairdresser, the business of the lending for reward of books or periodicals, the business of a pawnbroker, the sale of refreshments or intoxicating liquors, and retail sales by auction, but does not include the sale of programmes or catalogues at theatres or other places of amusement;

the expression “wholesale shop” means any premises occupied by a wholesale dealer or merchant where goods are kept for sale wholesale to customers resorting to the premises;

the word “shop” includes—

(a) any premises in which any retail trade or business is carried on, excluding so much (if any) of such premises as is not used for the purpose of such retail trade or business,

(b) any premises in which goods are received direct from customers for the purpose of having the same dyed, cleaned, repaired, altered or laundered, excluding so much (if any) of such premises as is not used for such reception of such goods,

(c) any wholesale shop,

(d) any warehouse occupied—

(i) for the purposes of a retail trade or business, by the person carrying on such retail trade or business, or

(ii) by a wholesale dealer or merchant for the purposes of the business carried on by him in a wholesale shop,

but does not include a railway refreshment-car;

the word “proprietor” when used in relation to a shop means the person who carries on business at that shop.

(2) Where any premises (being a shop) includes a part (in this sub-section referred to as the said part) in which there is carried on any business not carried on elsewhere in such premises, and the said part is, in the opinion of the Minister so constructed as to be capable of being effectively shut off from the rest of such premises, the following provisions shall have effect, that is to say:—

(a) the Minister, on the application of the person carrying on such business, may, if he thinks fit, issue a certificate certifying that the said part is so constructed, and in that case the said part shall, so long as such certificate is in force, be deemed to be a separate shop for the purposes of this Act and so much of the remainder of such premises as does not include any other part in respect of which another certificate under this sub-section has been issued and is in force shall also be deemed to be a separate shop for the said purposes;

(b) if the Minister is at any time satisfied that the said part is no longer in his opinion capable of being so effectively shut off, he may revoke such certificate.