CLOSING OF SHOPS

Northern Advocate, 3 February 1928, Page 8

CLOSING OF SHOPS

APPLICATIONS FOR EXEMPTION.

AMENDED PROVISIONS. Sections 19 and 20 of the Shops and Offices Amendment Act, 1927, which came into force on the Ist inst., setout an amended procedure in regard to the granting of exemptions (1) from the various provisions fixing the closing hours of shops (except from the observance of the statutory halfholiday) (whether such hours are fixed by awards of the Court of Arbitration, by Section 31 of the Shops and Offices Act, 1921-22, or by local shopkeepers’ requisitions fixing closing hours), and also (2) from any prohibition (under Section 33 of the Shops and Offices Act, 1921-22) of the sale of goods after such hours. All applications for exemptions are now to be dealt with by magistrates, and any information’that may be desired as to the procedure to be adopted may be obtained on Application to the Inspector of Factories,

The matters to be taken into consideration by the magistrates in dealing -with applications for exemptions and the powers of the magistrates to cancel or vary any exemptions granted are contained in Section 19 of the Amendment Act the relevant provisions M which are as follow:—

“19, (4) If the magistrate is of opinion that the exemption applied for will not substantially affect the business of any other shop he shall by order grant such exemption. “(5) If the magistrate is satisfied in the case of an application by tho occupier of a shop for exemption from any closing-hours ‘ fixed by an award that all the provisions of such award are not binding on the employers of a majority of the shop-assistants employed in any particular trade within the industry or industries to which the award relates in the separate district or combined district, as the case may be, in which such shop is situated, he shall by order exempt the occupiers of all shops h; such trade in such district from the closing-hours so fixed.

“(0) Notwithstanding anything contained in the two last preceding subsections, if the magistrate is satisfied in any other case that it is desirable in the public interest that any application for exemption as aforesaid should be granted either wholly or partially he may by order grant such exemption accordingly, subject to such terms and conditions as he may think fit, having regard to the interests of the occupier of any other

shop that may be affected by such exemption.

U {l) Any such order may at any time be cancelled or varied by the same or any other magistrate on the application of any occupier affected by such order, and all the provisions of this section relating to an application for exemption shall, - with the necessary modifications, apply to an' application under this subsection.”