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SHOPS ACT (NORTHERN IRELAND) 1946 - SECT 10

10.(1) Subject to the provisions of this section, where several trades or
businesses are carried on in the same shop, that shop shall

(a)if those trades or businesses include any trade or business which does not
consist exclusively of any one or more of the transactions specified in the
First Schedule to this Act, be closed for the serving of customers on any week
day at the hour at which it would be required to be closed if such
last-mentioned trade or business (or, where there are more than one such
last-mentioned trade or business, the one required to be closed earliest on
that day) were the only trade or business carried on therein; and

(b)if those trades or businesses include any trade or business which does not
consist exclusively of any one or more of the transactions specified in the
Second Schedule to this Act, be closed for the serving of customers on Sunday:

Provided that if the occupier of the shop satisfies the [district council]
that any trade or business forms a substantial part of the business carried on
in the shop and that the portion of the shop in which it is carried on (in
this sub-section referred to as "the said portion") is so constructed as to be
effectively shut off from the rest of the shop, the following provisions shall
have effect, that is to say:

(i)the [district council] on the application of the occupier may, if they
think fit, issue a certificate certifying that the said portion is so
constructed as to be effectively shut off from the rest of the shop;

(ii)while such certificate remains in force the said portion shall, during
such times as it is so effectively shut off, be deemed for the purposes of
this Act to be a separate shop, and so much of the rest of the shop as does
not include any other portion in respect of which another certificate under
this sub-section has been issued and is in force shall also be deemed for such
purposes to be a separate shop;

<(iii)if the [district council] is at any time satisfied that the said portion is no longer capable of being effectively shut off from the rest of the shop it may revoke such certificate.


(2) The following provisions shall have effect in relation to the issue of any
certificate under the preceding sub-section:

(a)in so far as the certificate is to be issued for the purpose of enabling
portion of a shop to be opened after the hours at which it would otherwise be
required to be closed on any week day, any trades or businesses carried on in
that portion and consisting exclusively of any two or more of the transactions
specified in paragraph 1 of the First Schedule to this Act shall be regarded
as a single trade or business; and

(b)in so far as the certificate is to be issued for the purpose of enabling
portion of a shop to be opened on Sunday, any trades or businesses carried on
in that portion and consisting exclusively of any two or more of the
transactions specified in paragraph 1 of the Second Schedule to this Act shall
be regarded as a single trade or business.

(3) Where several trades or businesses are carried on in any shop in which

(a)the supply of meals and refreshments for consumption on the premises forms
a substantial portion of the business carried on; or

(b)the sale of newspapers and periodical magazines is carried on; or

(c)the business of a pharmaceutical chemist, chemist and druggist, or druggist
is carried on;

(4) If any shop or portion of a shop is kept open for the purposes of any
trade or business after the time when, if that trade or business was the only
trade or business carried on in that shop or portion it would by or under
this Act be required to be kept closed for the serving of customers, the
occupier shall be liable on summary conviction to a fine of not exceeding, in
the case of a first offence, twenty pounds, and in the case of a second or
subsequent offence, fifty pounds.

(5) If any person is convicted of any offence under or by virtue of any of the
provisions of this section the court may, in addition to any other penalty and
notwithstanding any other provision in this Act, direct that the shop or
portion of the shop in respect of which the offence occurred be kept closed
for the serving of customers during all such times as a shop, in which the
sole trade or business carried on was the trade or business in respect of
which the offence occurred, would be required under this Act to be closed for
the serving of customers.

© 1946 Crown Copyright

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