BYLAW DEFIED

Evening Post, Volume CXI, Issue 95, 23 April 1931, Page 15

BYLAW DEFIED

PETONE BUTCHER FINED

John Christopher Craig was charged in the Magistrate's Court at Petone yesterday with having used the premises at 119, Jackson street, for the sale of meat for human food without having obtained a licence from the Petone Borough Council, and with not having provided the premises with a floor of material impervious to water. On his behalf Mr. B. W. Haldane pleaded guilty to both charges. The prosecution was laid by the Petone Borough Council, for whom Mr. W. Hay appeared. Mr. Hay said that the defendant had commenced business as a butcher without having obtained a licence and without making his premises comply with the council's bylaw. The cases against him had been adjourned a month ago on the understanding that he would carry out the necessary work and obtain a permit within 14 days. He had done neither. Mr. Hay asked for a substantial penalty.

Mr. Haldane said that the licence had been refused mainly owing to the fact that, there were no concrete floors in the premises. His client felt that he was being very unfairly treated by the council, because half the butchers' shops in Petone had wooden floors. Although ho had pleaded guilty he had a fair chance of having the cases dismissed on account of the unreasonableness of the bylaw. He had been more or less a public benefactor in Petone by cutting the price of meat, but for some reason or other the council "lirul its knife in him."

Mr. Hay replied that the bylaw followed the Health Act in insisting on concrete floors, and the same bylaw was in force throughout New Zealand. The suggestion of partiality he resented as most improper. Tho borough inspector, Mr. W. G. Gough, explained that the shops with, wooden, floors referred to by Mr. Haldane complied with, a provision in the Health Act, whereby any butchers' shop used as such prior to the introduction of the Act or bylaw could continue to be used, provided the health officer was satisfied, until alterations were being made, when the regulation requiring a concrete floor must be complied with. The defendant's shop had been a chemist's shop, and did not comply with the regulations in any way. Except, for one shop, the case of which was being considered by the council, tho, other shops mentioned had always been butchers' shops. • . ' . '~«.* Mr. W. H. Woodward, S.M., said that in -view of the fact that if the offence continued the defendant could be brought before the Court again, he would be fined only £4 for selling meat without a licence. If he continued to defy the bylaw he would be punished more severely. _ On the other charge he would be convicted and discharged.