The Scottish Government has said it intends to hold a public consultation on introducing a permanent ban on shops from trading on New Year’s Day.

The Christmas Day and New Year’s Day Trading (Scotland) Act 2007 currently prohibits shops operating from premises over 280 square metres in size from opening to customers on Christmas Day in Scotland. The provision for New Year’s Day was not brought into force.

The legislation applies to retail but not other sectors which often trade or work at that time of year such as hospitality, leisure, and public services.

Following consideration of the matter by Holyrood’s Public Petitions Committee, the Scottish Government’s Business Minister has now written to the Scottish Retail Consortium to say Ministers will progress a public consultation on introducing the ban.

David Lonsdale, director of the SRC, said that where there is demand from customers and availability of staff then shops ought to be free to choose to open on New Year’s Day if they so wish.

He said: “The majority of shops have been compelled to close for the past 90 days, with several more weeks of lockdown ahead. Indeed, many stores have been shuttered for the majority of the past year.

“Against this backdrop, and with large swathes of the industry facing an uncertain future, its frankly surreal to learn that Scottish Ministers are countenancing the introduction of a legislative ban to stop shops from trading.”

Mr Lonsdale added that banning trading permanently on Ne’er Day is short-sighted considering customers can already shop online whenever they choose.

He concluded: “It is also odd that shops are being singled out whilst other sectors such as hospitality, tourism, leisure or indeed public services can carry on.

“Implementing a permanent prohibition on trading flies in the face of the strenuous efforts that have made over recent years prior to Covid to promote Scotland as a visitor destination at New Year.”