REFRESHMENTS ON SUNDAY.

Auckland Star, Volume XLVIII, Issue 297, 13 December 1917, Page 4

REFRESHMENTS ON SUNDAY.

■JPHE "IJGHX MEAV SUTESTIOIf. KESTATJRANT-KEEPEBS FINED. The hearing of the charges against eeveral reetaurant-keepers of the city of Sunday trading in respect to the sale ■ of strawberries and cream, ice-creams, and kindred confections, was continued yesterday afternoon before Mr. F. V. Frazer, S.AI- In the charges againet : Mrs. C. Ridley, manageress, and Myra • Cash, assistant, of the Marble Bar, the ' latter uijder cross-examination stated ! that an extra charge of threepence was '. made on Sundays for strawberries and for fruit salads to cover the cost of ' supplying tea and cakes, etc.. provided ' with tfie fruit order under instructions. §))eadinjtted that tea was not supplied with ice-creams, with which only wafers < were provided. She added that Mrs. Kidley was not at the restaurant at all on the Sunday which wae the eubject of , 1 the charge. ' ' Mr. Singer (for defendants) pointed . ' out that it was impossible, from a legal ' difficulty/tcr get-ati appeal decision on j ■ these cases.'' / - : ■ IHi Worship remarked that at , etage it seemed to him that the evidence ; reepecting strawberries and fruit Salads . ehdwed that the eystem fflowed made it a meal, hull his difficulty wu witlv the , • ic*waeam»<MM>l ci! ;fi hxtsStSa. *',-.'■ < ..: , or "more fprbidding" biscuite were sup- , plied "with the icecream the difficulty ; might He but hie Worship doubted that. i . "fiub-'lnepector Brofeerg pressed the view of "necessity" as required by the ; law, hut hie Worship ruled that all the circumstances and'the' cuetoms of the : people must <be taken into account in . defining a reasonable necessity. Mr. Singer traversed his Worship's. ; ■ original decision, on the point at issue, , in which aoft drinife were the chief bone , of contention, and contended that what i was aimed- at was the "bar trade" of the restaurant. 'Bis Worship remarked that if ihe defendants, put their ice-cream eales on . Sunday on the same footing as their strawberries and fruit salads he would . not make objection to it; he would not even insist on the pot of tea, if the customer preferred lemonade or some other , such drink with hie strawberries and fruit salad. He was inclined to believe ' the la,w might 'be amended to express : matters ■ a little more clearly, and re- , ' gretted that a Supreme Court decision on.the eubject could be obtained. : The charge againet 'Mrs. Kidley would , be dismissed, and that against Mise Cash ' would be amended to be against the "Marble Bar, Ltd.," which defendant ; would he fined 20/, and coeta, respecting ■ the ice-cream sales. Joseph Sayegh (proprietor) and Fred < Sayegh and Beatrice Picknew (assis- ' i tante) were similarly charged, and it , was admitted that on Sundays a plate ' , of cakes was put on each table to go , with the order of ice-cream, fruit, or fruit salad, so that the cakes might be . taken wit]} the other to constitute a uona-fifle light meal. Hie Worship held that the extras ' should be provided on each individual order, and fined the defendant, Joseph ? a .yegh, ?Q/, and If costs, and ordered the assistants each to pay 7/ costs. John Megaloeeonomoß (proprietor) ' and Nellie Fletcher and Vera Dobias ! (assistants) were in similar case, and were fined accordingly. _ ■ _ In similar charges againet David Iriv- ' ingstone' (proprietor) and Eileen Wither (assistant), the evidence was that the i proprietor was serving a Maori with a "milk shake" when t£e police came on . the scene, and he also put down .three email sandwiches, one of which the IMapri ate. An extra charge of twopence was made for the sandwiches, -yhe assistant wae concerned only to the extent of .finishing t}ie ehaking of the milk at Ijer employer's request, and the charge againet her was dismissed. - Mr. Inder, for Livingstone, argued that the sandwiches and milk made a''bopa fide light meal such ac people frequently h»<l •* railwayjitation ißHcheon-rogme, but, after evidence concerning the diminutive size of the sandwichee, deecrjbed ag an inch and. a-half square, fhe magistrate held against defendant. • Hie Worship, however, felt that defendant was making some effort to comply with the law, and made the fine 10/, and 7/coete. • "" I — .