Definition Of Brighton Shopping Area Sought

Press, Volume XCVIII, Issue 28801, 23 January 1959, Page 10

Definition Of Brighton Shopping Area Sought

Requests by the Canterbury Rectail Grocers Assistants’ Union and Master Grocers’ Association for the Court to define the boundaries of New Brighton as a seaside resort for Saturday trading purposes were declined by Mr A. P. Blair, S.M., in the Magistrate’s Court yesterday. The requests were made when the union and the association opposed the application of a South Brighton shopkeeper for exemption, from the provisions of the award of the Grocers’ Union relating to 1 hours of closing. i The Magistrate said that he was not disposed to attempt to define the boundaries, but would deal with every application on its own merits—whether the shop was in the holiday area, and whether if was in the public- interest to grant thg exemption. Mr S. H. Wood appeared Ipr the applicant, Marjorie Doris Williams, Mr B. A. Barrer represented the Grocers Assistants Union, and Mr H. W. Hunter appeared for the Master Grocers’ Association. .Mr Wood said that New Brighton had always been dealt with as a separate district in regard to closing days, and it had been more or less assumed that it was a district requiring separate treatment. *‘l submit that after the passmg of the 1985 act it is not nbw possible for the Court to amend any previous exemption because representations were made by which a sub-section was added to the act,” he said, "In effect any exemptions made' before the passing of the act are permanent. “Seaside Resort” “It follows-that New Brighton was virtually declared , by Parliament to be a permanent ’seaside resort.’ The only grounds on which the application can succeed would be that the shop is in a seaside resort;” Mr Wood said. It would be illogical and contrary to the public interest for any hours to be considered other than those desired'by the majority in New Brighton. The applicant’s shop was in South Brighton, which was a part of the former borough, and must be treated as such, be added Mrs Williams’s takings on Saturdays in the last few months had been far more than the average on other days, and it was clearly in the public interest that she should be allowed to trade on Saturdays. The shop was in a street that ran parallel to the beach, and was near camping grounds and a large number of In evidence Mrs Williams said that her shop was the only delicatessen in the area, and the mam part of her business was done at week-ends. A big proportion or her customers were from the local camping grounds. To Mr Barrer, Mrs Williams said that her shop was in a block of eight, only two of which closed on Saturdays. She understood tne others had been granted exemptioris. , Only a few of her regular customers were permanent residents. she told counsel. Mrs Williams admitted that she had been opening her shop on Wednesdays and Saturdays, but claimed that a Labour Department inspector had told her she could do soMr Barrer submitted that the application was defective as it had been made for exemptions from the Canterbury Retail Grocers’ Assistants Union, ine exemption she needed was * ac J from the award of the Butchers Union, because the main delicatessen lines she wished to sell were meats. ... , The real opposition of the Grocers’ Union was because of the precedent established by Saturday trading in New Brighton. The union asked the Court to define the boundaries of New Brighton as a seaside resort. But the question was where was the Court going to draw the line. Noel Stenbridge Wills, assistant secretary, of the Canterbury Retail Shop Assistants’ Union, gave evidence of a survey he had made in the area. He said that only four of a group of ten shops near Mrs Williams’s shop had been granted exemptions. There were seven grocers in the area none of whom was exempt from the award. The applicant’s shop was in a mainly residential area. Union's Opposition Cross-examined by Mr Wood, Wills agreed that his union had opposed every application that had been made for exemption in the district for the last five years, but that no application had been refused. Asked what his union had gained from Its opposition, he replied that it was anxious to

preserve the 40-hour week for shop workers, so that they could enjoy sport and recreation on Saturdays. You must have used up a lot of union funds opposing these applications?—Yes. Mr Hunter submitted that New Brighton was no longer a holiday resort although it bad a beach. “It must have passed the stage of 20 years, ago when it had a very small population and was mainly a holiday area. Now it has a very substantial urban population,” he said.

“This raises the question of what is going to be considered in the future,” Mr Hunter said. “If such applications as this §re granted what are the other shops going to do? “In assessing the Saturday trading in the area we must bear in mind that quite a tremendous number of people go there for the day knowing that the shops will be open. We seek some directive as to what the future is going to be In regard to shops in this area,” Mr Hunter said. The Magistrate said he would adjourn the matter to enable counsel to consider whether the application was defective and whether it was necessary for the Butchers’ Union to be represented. He indicated that he was disposed to grant the application as It had been shown that the shop was in a holiday area.