Rolex is a business and is involved in the clothing business in United Kingdom.

Rolex has multiple outlets

on various locations in the United Kingdom including two major outlets in the United Kingdom on road
to Birmingham City Center and attached to Edgbaston Stadium respectively. Secretary of State issue a
notification that all businesses on Birmingham City road will be closed from 28th July – 08th of August
2022. Rolex as a CEO passed direction to his manager to close the outlet during Birmingham Games
period. However, the manager, Rocky, opened the outlet on 29th of July, 2022. Rolex opened the outlet
attached to Edgbaston Stadium and started selling shirts to the customers.

Part : A : Whether Rolex will be liable for outlet located on Birmingham City Center for respective
offence?

Part : B : Whether Rocky will be liable for outlet located on Birmingham City Center for respective
offence?

Part : C: Whether Rolex will be liable for relevant offence for opening the outlet attached to stadium.?

Part A
The question in hand requires the liability of Rolex for the Trading offence per section 16 of the Act. Per
section 16 of the Act, to make anyone liable, the first pre-requisite is to establish whether Rolex has
carried out Games location Trading or made alternative arrangements in the said regard, or granted
permission for trading as recognized under section 16(1) of the Act.

To establish the requirement of Games location trading, the first legal requirement is the determination
of requirement of “Trading”. Statutory scheme of Trading include “selling an item, offering to sell an
item, providing or offering a service for gain or reward, providing public entertainment or appealing
money”. As per facts, Rolex had opened the outlet on the 29th which was supposed to be closed as per
the secretary of state order(Establish how the requirement of Trading is established”). Interpretation of
section 16(2) includes trading in a specified location any time during a specified period as specified by
Secretary of state per section 16(2) and trading at a public place located in the vicinity of the of a Games
location. Public place include highway, building of which the public have access or any other place which
do not fall under interpretation of a buildings defined under section 16(5). In view of the above legal
threshold, it can be argued that as the manager of Rolex opened the outlet at a specific location in a
specific period on the 29th as prohibited by the secretary of state section 10(2) is also established as it
falls under public place according to S10(5) hence it can be said they can be liable. Still, we see section
10(3) which states if reasonable steps are taken then they will not be liable as we see that ceo asked
his manager to Close the outlet hence requirements of section 10(3) will be established and Rolex will
not be liable.

Part B
In this part, whether Rocky is liable for opening his outlet Kingdom on the road to Birmingham City
Center the games trading location. Section 16(1) states if a person carries out, arranges or gives
permission for games location trading he will be liable. Section 16(2) states trading in a specific
location at any time during that period specified by the secretary of state. Section 16 (5) specifies what
a public place means. Which can be identified as a highway, a building to which the public has access
or any other place. It can be argued that Rocky opened the outlet at a specific place and time when it
was prohibited by the secretary of state also he received instructions from the CEO of his company to
close the outlet as instructed by the secretary of state hence establishing section 10(2) and section
10(5) and he will be liable under section 16(1)(a) for carrying out Games Location Trading.

Part C

In this part whether Rolex is liable for opening his outlet attached to Edgbaston Stadium or not.
Section 16(2)(b) says trading in a relevant public place in the vicinity of a Games location at any time
during a specified period and 16(2)(b)(a) states selling an item or offering or exposing an item for sale.
Rolex opened his outlet on the 29th in the vicinity of the games location trading and also he started
selling his products hence breaching section 16(2)(b) and 16(2)(b)(a).

Therefore fulfilling the requirements of of section 16(1)(a) which states It is an offence for a person to
carry out Games location trading henceRolex will be liable for the games location trading under
section 16.