MAGISTRATE’S COURT Coffee Houses Fined £5 For Labour Breaches

Press, Volume CI, Issue 29866, 5 July 1962, Page 9

MAGISTRATE’S COURT Coffee Houses Fined £5 For Labour Breaches

Fines of £5 were imposed on two Christchurch coffeehouse proprietors in a reserved decision given by Mr E. A. Lee. S.M., in the Magistrate’s Court yesterday. The Attic Coffee House, Ltd., and Adam Ferkatovich appeared on June 13 charged with breaches of the Shops and Offices Act. The Attic Coffee House, Ltd., was charged with employing assistants contrary to the provisions of the act, and Ferkatovich was charged with employing a female assistant for more than one hour after 10.30 p.m. Both defendants pleaded not guilty, and were represented by Mr B. McClelland. Mr H. G. Duncan, of Wellington, appeared for the Inspector of Factories. The Magistrate said in his decision that Ferkatovich’s premises, the Copper Cat, were a restaurant, and because dancing was permitted that did not mean that the defendant was employing females in connexion with a dance as specified in the act. “The females were employed in connexion with the restaurant, and the dancing was* a purely secondary consideration: it was something permitted to make his restaurant more profitable,” the Magistrate said.

Mr McClelland had submitted that the two premises were not restaurants, as they provided entertainment and dancing as well as meals. Ferkatovich said he had made alterations to the premises and had applied for a dancehall licence. Mr McClelland said that such dine-and-dance establishments should be classed with cabarets and balls. The act permitted the employment of any female assistant for an hour after 10.30 p.m if over 18 pears of age, and ‘‘in connexion with any dance, banquet, or social function” or supplying refreshments in a public dance hall between 1030 p.m. and midnight for assistants over 18, or between midnight and 5 a.m. for those over 21.

‘‘lt was not suggested that the members of the public were attending a banquet, nor, I am satisfied, would this be a ‘social function’ within the meaning of the section,” said the Magistrate. Social functions did not include occasions when persons, many probably unknown to each other, casually visited a restaurant for refreshments. “It should be noted, I think, that any dancing permitted appears to be in breach of the law, but, whether that be relevant or not, I am satisfied the two women concerned were employed in con. nexion with the defendant’s business as a restaurant keeper.” The Magistrate said the word “cabaret” did not appear in the section, and he did not accept the view that the defendant was conducting a cabaret. The defendant's premises were a restaurant, and the musicians playing or the mere fact that dancing was permitted did not change its character. Of the Attic Coffee House. Ltd., the Magistrate said that by no stretch of imagination could the events as the inspector found them be regarded as a dance, banquet, or social function. Because casual customers congregating in a restaurant for refreshments were incidentally watching television, listening to music, or even dancing, that did not mean they were attending a social function. “It would, I think, be extremely difficult to define what is a social function, and each case must depend on the facts," he said. REMANDED Ronald Harvey w’as remanded on bail to July 9 on a charge of unlawfully taking a motor-car on July 2. He pleaded not guilty. Two youths, who were granted interim suppression of name, were remanded on bail to July 9 on a joint Charge of burglary. Colin Arthur Ford, a workman, was remanded on bail to July 11 on charges of burglary and obscene language. James Samuel Dean Hira was remanded in custody until July 9 on a charge of robbery on June 30. Hector Sinclair, charged with driving a vehicle while under the influence of drink or drugs at Glasnevin on July 3. was remanded on bail until July 16. TAX OFFENCES The following were fined for failing to furnish returns of income: J. Nottingham Dermott. Ltd., £3: Cyril Lee, £3 and £3 (two charges); James Cairney Shearer, £3 and £3 (two charges): John Peters, £3: lan Parkes Gordon. £3; Charles Leftly, £3: Ronald Scott McKeown, £lO and £10: Douglas Maze. £3; Scrimgeour Motors, Ltd., £5; Alfred George Stephens, £3 and £5; Richard Pepene Stevens, £3 on each of three charges; Henry Arthur Reginald Taylor, £3 and £5. (Before Messrs R. H. Harris and P. A. Le Brun, Justices of the Peace.) ROBBERY CHARGE Allan Alexander Hamilton, aged 32, a painter, was committed in custody to the Supreme Court fcr trial when he pleaded not guilty to a charge of robbing William Thomas Desmond Cowlishaw of a wallet valued at ss. and £24 10s. Senior-Sergeant G M Cleary prosecuted, and Mr M. G. L. Loughnan appeared for the accused Cowlishaw said that he went to the Excelsior Hotel about 5.30 p.m on June 2. and after having three gins was walking dowm a passage in the hotel when he was grabbed by the throat by a man. pushed against other men. and his wallet removed from his hip pocket. ASSAULT CHARGE Robert Edward Williams aged 23. a driver, was committed on bail for trial at the next sitting of the Supreme Court on a charge of assaulting his brother, Edward Arthur Williams, on April 29 He pleaded not guilty. Mr R G. Blunt appeared for the accused, and Senior-Sergeant Cleary prosecuted. Edward Williams. a labourer, said he was arguing with a youth named Pasfield outside the England Street Hall after a youth club dance when the accused came along and said that if any fighting was to be done he would do it. He told the accused that he did not want to fight with him. and a few minutes later the accused ■truck him, knocking him out

and breaking his jaw in two places He gave his brother no reason to hit him. he said, and he denied calling his brother an insulting name. Constable D. N Scott said that when he saw the accused at his home in New Brighton he admitted striking his brother, and said that if he had not done so a big fight would have started. Mr Blunt said that everyone was justified in using force in the defence of anyone under his protection if he used no more force than was necessary The accused had been asked to go to the youth club to prevent fighting Some 70-odd persons were present, and trouble was brewing. His brother had his arms on Pasfield. There was nothing to show that the accused wanted to become involved