TRADING ON SUNDAYS

Press, Volume LXX, Issue 21320, 13 November 1934, Page 12

TRADING ON SUNDAYS

ICE-CREAM AND HOT WATER JUSTICES DISCUSS THE LAW Does the sale of hot water to picnic parties on Sundays constitute a breach of the Sunday trading provisions of the Police Offences Act? This question, which arose during a short discussion by the council of the Canterbury Justices of the Peace Association last evening on those provisions of the act, was asked by members, who were of the opinion that if it did the anomaly should be rectified. Mr A. H. Hobbs was in the chair.

The discussion arose when a statement that Sumner storekeepers had been warned against allowing people to consume ice-cream outside their shops on Sundays, under threat of a fine up to £5, was before the meeting. It was understood that storekeepers in other suburbs have similarly been warned. "It seems a ridiculous thing that people can't take a gallon or so of water away for the use of their friends," remarked Mr H. F. Herbert. "It is hard to find an interpretation of the act. Does the sale of hot water constitute a breach of the provisions? Again, at a cemetery, a store providing tea on Sundays also sells flowers. People go there and take the flowers away. Does that constitute a breach of the act?"

A member questioned whether the matter was one in which the council should interest itself, but the chairman replied that previously the Minister for Justice had expressed his pleasure at the interest the justices had taken in the laws of the country. A Small Distinction "It seems hard," he continued, "when one sees two boys buying icecreams on a Sunday. One eats his in the shop and the other, stepping outside, commits an offence." "In that case a justice would be justified in dismissing the case," stated Mr H. Holland, M.P. "What difference does it make whether a thing is eaten in the shop or in the street."

"It seems a remarkable thing that the Government should make laws which they don't intend to keep," continued the chairman. A Minister, according to the act, can grant permission to people to sell books and cigarettes on Sunday on a railway station." Other members stated that it was possible to obtain cigarettes and tobacco on the railway stations on Sunday and to take them away. After a suggestion had been made that the matter should be the subject of a remit to the New Zealand Justices' Federation conference next March the discussion ended.

Provisions of Act Section 13 of the Police Offences Act, which deals with Sunday trading, reads as follows: (1) Every person is liable to a fine of £5 who on Sunday, in or in view of any public place, trades, works at his trade or calling, deals, transacts business, sells goods, or exposes goods for sale. (2) Every person is liable to a fine of £5 who on Sunday keeps open any house, store, shop, bar, or other place for the purpose of trading, dealing, transacting business, selling goods, or exposing goods for sale. (3) Nothing in the foregoing provisions of this section shall apply to works of necessity or charity, or the driving of live stock, or the sale of refreshments for consumption on the premises, or the sale of medicine or of surgical or medical appliances, or of anything required in connexion with sickness or accident, or the sale or delivery of milk, or to hairdressers or barbers before 9 o'clock in the forenoon, or to persons driving any public or private motor-car, carriage, or cab, or to persons employed in the working of railway trains or tramcars or cable lines, or on steamers, vessels, or boats, or in a motor garage, or to any liverystable keeper, or to any person letting boats for hire, or to any person employed in or in connexion with any telegraph office or post office, or to any person employed in preparing, printing, and publishing a daily newspaper.

(4) The Minister for Railways may, by warrant under his hand addressed to any person, authorise such person, either by himself or by his employee or employees, to open for business any railway bookstall at any station where Sunday trains are running and carry on the ordinary business thereof on any Sunday or Sundays during such time as may be specified in such warrant. The said Minister may in like manner modify or cancel any such warrant.

(5) Any person acting under and in accordance with the authority contained in any such warrant shall not be liable under the provisions of sub-sections 1 and 2 of this section.