PARTITIONED SHOP. WEDNESDAY AND SATURDAY TRADING.

Evening Post, Volume LXXXIII, Issue 74, 27 March 1912, Page 7

PARTITIONED SHOP. WEDNESDAY AND SATURDAY TRADING.

CHINESE STOREKEEPER FINED. NOT A SUFFICIENT DIVISION. An important decision under the Shops and Offices Act — a> decision of especial interest to Chinese shopkeepers — was given by Mr. W. G. Riddell, S.M., to-day, in the case E. A. Le Cren (Inspector of Awards) v. Chung Wah, storekeeper, Molesworth-street. TWO COMPARTMENTS. The magistrate, in his judgment, set out the salient* facts. Defendant was charged that on Wednesday, 13th March, being the occupier of a shop within the meaning of the Shops and Offices 4ct, 1908, he did fail to close his shop at 10 o'clock. Tho shop is registered as one -in which fruit and groceries are sold. It is divided into two compartments, in one of which defendant sells only fruit and vegetables, and in the other fruit, vegetables, groceries, etc. On Wednesday afternoon it has been defendant's practice to divide hi 6 shop by means of a partition, so as to completely close up that part in which he stocks his "groceries , etc. The other portion, in which he sold only fruit and vegetables, is kept open on Wednesday afternoons. The facts were admitted, but defendant's counsel (Mi-. A. L. Herdman) contended that the partitioning of tlio shop did not constitute a faQure to close at 10 o'clock, a 6 the sale of fruit ard vegetables came within the exception mentioned in clause 18 of the Act. NOT REGISTERED AS TWO SHOPS. Ejection 11 of that Act (the Magistrate added] states that except as hereinafter specially provided all shops, whether in a separate or combined district, shall be closed on one working day of each week afc 1 o'clock in jho afternoon for the remainder of the day. By section 18 the provisions of section 11 are made subject to the exceptions and modifications following : (1) "In the case of any shop wherein is exclusively carried on any one or more of the businesses of a fishmonger, and a fruiterer, the occupier shall not be required to close his shop on any working day. In section 1 a shop is denned as any building or place in which goods are kept or exposed or offered for sale, or in which any part of the business of the shop is conducted. By section 13 of the Shops and Offices Amendment Act, 1910, ever^sbop shall be registered by the occupier thereof with tho Inspector of Factories in the name of one person as occupier. In defendant's application to have his shop registered he stated (said his Worship) that he was carrying on the trade of a grocer and fruiterer. Defendant's act in partitioning off that part of his shop which contained groceries as well as fruit, on the Wednesday afternoon, resulted in the closing of part of hie shop and the keeping open m the remaining part. It was held in a Masterton case that a partition erected to separate groceries from fruit was not a sufficient division. "If defendant had registered his premises as two shops," his. Worship continued, "I am inclined to think that he would have been within his rights and would not have infringed any section of the Act. But, having^ registered only one shop, which contains goods that do not come within the exceptions mentioned in section 18, I think he has failed to comply with the law in only closing part. Section 20 of the Act of 1908 says that a shop shall bo deemed not to be closed within the meaning yof the Act- if -it is not locked or otherwise effectually closed against the admission of th« public, or if the occupier or his assistants are engaged io canvassing for orders or delivering goods to customers. A shop, I take it, means a registered shop within the meaning of the Act, and if only part of it is closed then the occupier does not comply with the Statute." On this charge defendant was convicted and fined 20&, with Court costs 7s, and interpreter's fee 10s 6d. On a second charge— arising out of tho same facts — of employing an assistant on Wednesday afternoon, defendant was convicted and ordered to pay Court costs. ' Mr. Le Cren conducted the case for the Department.