With retailers exploiting every opportunity to grab shopper spend this Christmas, just who is allowed to trade on the big day itself?

What are the rules on store openings on Christmas Day?

Large shops (defined as those over 3,000 sq ft) are not allowed to open on Christmas Day but those under 3,000 sq ft are. The rules are governed by the Christmas Day (Trading) Act 2004, which feeds off the Sunday Trading Act 1994.

MP Kevan Jones introduced the Christmas Day (Trading) Bill on January 7, 2004, as a Private Members’ Bill and the Act came into force on December 9, 2004.

In addition to regulating the opening hours of large shops on Sundays, the Sunday Trading Act 1994 prohibits them from opening on Easter Sunday.

A fine of up to £50,000 can be imposed for transgressions.

What do consumers think?

Ahead of the Act, a public consultation was launched in April 2003 on proposed new regulation of Christmas Day trading and 97% of respondents supported keeping Christmas Day as a non-trading day, with the remaining 3% opposed on the grounds that it was discriminatory against other religions.

However, UK consumers spent an eye-popping £100m online on Christmas Day last year and sector analysts believe that the etail spend will be even higher this year.

Is there a difference between England and Scotland?

Yes, Scotland has devolved power on this matter, which is covered by the Christmas Day and New Year’s Day Trading (Scotland) Bill 2007. The rules are effectively identical to the English regulations but also cover New Year’s Day trading.

Will more retailers be open on Boxing Day this year because it falls on a Saturday?

Yes. More retailers will be open for the first time or will have more stores open than previously, many going straight into Sale. Year-on-year growth of Boxing Day footfall was 7.7% last year; in 2007 it was 14.2% and in 2006 footfall rose 9.5%.

Bluewater has seen incremental footfall increases of 10% year on year since it extended the core trading hours on Boxing Day in tenants’ leases in 2004. Trafford Centre retailers are also obliged to open on Boxing Day. It is the only place where John Lewis opens on that day. The Trafford Centre will be open for 12 hours that day – up from 10 last year.

Tesco will open 252 of its biggest stores, compared with 120 last year and just 10 the year before. Sainsbury’s is opening 94 supermarkets and while Asda’s supermarkets will be closed, its
21 Asda Living stores will trade.

Harrods will open for the first time on December 26, as will Next.

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