Section 42 Alteration of general closing hours and closing orders for exhibitions.

England, Wales and Scotland

(1)

As respects any retail trade or business carried on at an exhibition or show within the area of a local authority, the local authority may by order substitute for the general closing hours fixed by or under this Act, or for any closing hour fixed by a closing order, later hours, not being later than ten o’clock in the evening, if they are satisfied that the retail trade or business so carried on is subsidiary or ancillary only to the main purpose of the exhibition or show.

(2)

Any order under this section shall be made subject to such conditions as the local authority may consider necessary for securing that shop assistants affected by the order shall not be employed in or about the retail trade or business to which the order relates for more than such number of hours as may be specified by the order.

(3)

In the case of any breach of a condition imposed by any order made under this section, the occupier of the shop shall be liable to a fine not exceeding—

C1(a)

in the case of a first offence, F1 F2£25level 2 on the standard scale;

(b)

in the case of a second or subsequent offence, £50level 2 on the standard scale.

In considering for the purposes of this subsection whether an offence is or is not a first offence, any offence under subsection (2) of section fourteen or subsection (3) of section forty-one of this Act shall be treated as if it were an offence under this subsection.

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Annotations

Textual amendments

F1: Words substituted by virtue of (E.W.) Criminal Law Act 1977 (c. 45), s. 31(5)-(7)(9)
F2: Words “level 2 on the standard scale” substituted (S.) for “£25” and “£50” in each case by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G
F3: Ss. 41(6), 42(4) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. X

Modifications

C1: Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

Notes on the whole Act

Textual amendments

F1: Act repealed (1.12.1994) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3037, art. 2; and Pts. I, II and s. 67 ceased to have effect (1.12.1994) by 1994 c. 40, ss. 23, 24; S.I. 1994/3037, art. 3