WHEN IS A SHOP SHUT?

Auckland Star, Volume XXXVIII, Issue 255, 25 October 1907, Page 5

WHEN IS A SHOP SHUT?

CASE AGAINST A FRUITERER. INFORMATION DISMISSED. Judgment was given By Mr. C. C. Kettle, S.M., to-day in the case heard on Wednesday, between Inspector Shanaghan, Inspector of Factories, and J.'IX. Webster, fruiterer, Queen-street. Mr. Fuller appeared on behalf of the Inspector and Dr. Bamfofd for defendant. His Worship said that the complaint was made by the Inspector thai la breach of section 9 of the "Shop and Offices Act, 1904," defendant being the occupier of a shop failed to close Ma shop at one o'cloak on the statutory; half-holiday, Wednesday, October 2. Defendant was-the lessee and- occupier -of premises in Lower Queen-street, in' which he carried on exclusively the business of a fruiterer and refreshment room keeper. The sole entrance was from Queen-street in the middle of the building, and on each side was a show window, one bearing the name of defendant, and the other " Mrs. Webster, floral artist." For some ten years defendant's wife had with his consent, had- the exclusive use of a portion of the premises; and there carried on, entirely on her own account, the business of a. flerist.- He saw no reason to doubt defendant's testimony that he had no interest whatever, in the business carried on by his.wife, and that she had no interest in his. On the statutory half-holiday, Mrs. Webster discontinued her business. at I p.m., and that portion of the premises used by her was effectively shut off.by a wooden screen or partition, securely fixed so that the stock of flowers, etc., belonging to her could not be reached or procured by the defendant or those serving in the other portion of the premises. No flowers were sold or exposed for sale on Wednesday afternoons in any part of the shop. The defendant admitted thai he carried on his business as a fruiterer and refreshment-room keeper, but contended that he was entitled to do so as the premises occupied and used by him ■was "a''shop wherein was exclusively carried on the business of a- fruiterer and refreshment room keeper." A shop was denned as " any building or pla«e in which goods are kept of exposed for sale, or in which any part of the business of a shop is conducted,' , and. having regard to the facts established by the evidence, he was of opinion that the defendant's contention must be. upheld. The information was dismissed ■ without costs.