Commentary on Sections Section 5 – Meaning of “retail premises” and “retail work”
20.Section 5 defines the terms “retail premises” and “retail work” for the purposes of the Act.
21.Subsection (1) defines “retail premises” so as to cover premises used wholly or mainly for the sale and supply of goods, on a retail basis, to members of the public. This will include all shops other than wholesale outlets that sell exclusively (or largely) to relevant tradespersons, or other outlets that are only open (or mainly open) to specific people, such as members of a club.
22.Subsection (2) defines “retail work” to cover, firstly, any work done in retail premises by those for whom that is their usual place of work. So, for example, the “retail work” done in a shop includes all the work done by the shop staff, whether or not the work is directly concerned with selling (for example, in a supermarket, work re-stocking shelves as well as work at the checkout). The definition also covers work done by those whose usual place of work is not retail premises, if the work is in connection with the sale or supply of goods, on a retail basis, to the public. This would cover some work in high-street premises that (wholly or mainly) sell or supply services rather than goods (such as a hairdresser or vet) – but only work involving the sale of goods (such as hair-gel or veterinary medicines). It would also cover work not done in premises at all, if it involves the sale of goods to the public (e.g. by a door-to-door seller or street-trader).
23.In addition, the definition covers work in premises not used wholly or mainly for the supply of goods if the work involves the sale or supply of goods or services to which a statutory age restriction applies. So, for example, in a hotel that includes (as a small part of the premises) a public bar, the staff serving alcohol in the bar would be doing “retail work”, but most other hotel staff (including reception staff, porters and cleaners) would not.
24.Under subsection (3), retail workers making deliveries from retail premises (e.g. a supermarket) count as doing retail work only during the period when they are at the customer’s premises (regardless of whether they succeed, while there, in making a delivery), and not (for example) while travelling between the supermarket and the delivery address.
25.Section 5(4) clarifies that working in premises includes working on any land forming part of the premises. As a result, those doing “retail work” include, for example, the supermarket worker in the car park collecting trolleys; the staff performing a “meet and greet” function at the entrance to a department store; and a greengrocer selling fruit or vegetables from trestle tables set up on the pavement outside the shop.
26.Examples of non-retail work would be: work in a high-street solicitors firm (which sells or supplies services rather than goods); work in wholesale-only premises (such as a cash-and-carry) or a private members’ club; and work carried out by tradespersons (such as plumbers or electricians) in the customer’s home or workplace (unless the workplace counts as retail premises and the tradespersons are working in-house).