HC Deb 23 February 1994 vol 238 c327

Meaning of "large shop"

1. In this Schedule "large shop" has the same meaning as in Schedule 1 to this Act.

Consent required for early Sunday loading and unloading

2. The occupier of a large shop in respect of which a notice under paragraph 4 of Schedule 1 to this Act has effect shall not load or unload, or permit any other person to load or unload, goods from a vehicle at the shop before 9 a.m. on Sunday in connection with the trade or business carried on in the shop, unless the loading or unloading is carried on—

  1. (a) with the consent of the local authority for the area in which the shop is situated granted under this Schedule, and
  2. (b) in accordance with any conditions subject to which that consent is granted.

3. A consent under this Schedule may be granted subject to such conditions as the local authority considers appropriate.

Application for consent

4. An application for a consent under this Schedule shall be made in writing and shall contain such information as the local authority may reasonably require.

5. An applicant for a consent under this Schedule shall pay such reasonable fee in respect of his application as the local authority may determine.

6. —(1) Where an application is duly made to the local authority for a consent under this Schedule, the authority shall grant the consent unless they are satisfied that the loading or unloading of goods from vehicles before 9 a.m. on Sunday at the shop to which the application relates, in connection with the trade or business carried on at the shop, has caused, or would be likely to cause, undue annoyance to local residents.

(2) Before granting a consent under this Schedule, the local authority shall consult such persons residing in the vicinity of the shop to which the application relates as appear to them to be likely to be affected by any loading or unloading at the shop.

(3) The authority shall determine the application and notify the applicant in writing of their decision within the period of 21 days beginning with the day on which the application is received by the authority.

(4) In a case where a consent is granted, the notification under sub-paragraph (3) above shall specify the conditions, if any, subject to which the consent is granted.

Publication of consent

7. Where a local authority grants a consent under this Schedule, the authority may cause a notice giving details of that consent to be published in a local newspaper circulating in its area.

Offence

8. A person who contravenes paragraph 3 above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.'.—[Mr. Patnick.]

Brought up, read the First and Second time, and added to the Bill.

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