Police Allegation Of Sunday Trading

Northern Advocate, 14 July 1949, Page 2

Police Allegation Of Sunday Trading

ROTORUA, Wed. (P.A.)—Judgment was reserved by Mr W. H. Freeman, S.M., in the Rotorua Magistrate’s Court yesterday when Harold Thornton and James Arbour were charged with having traded on Sunday by keeping open a miniature golf course. Both' pleaded not guilty.

The police, said that although the defendants had been warned, they continued to operate, citing as permission to do so an authorising letter from the borough council. Under cross-examination by Thornton’s counsel. Sergeant J. H. Quart-ley was asked why earlier action had not been taken against a previous owner. Witness: I did not look upon it at that time as Sunday trading. Witness said that he was aware that some tourist attractions were open to the public on Sunday. . COUNCIL AUTHORITY A former proprietor, Richard Knight, stated that he obtained for £2 a year an authority from the borough council to remain open on Sunday afternoons. Witness quoted the case of an acquaintance who had operated a similar establishment at Milford for the past 19 years without having been prosecuted. Thornton stated that he had never been expressly told by the police to close down.

Counsel’s submissions were concerned with the respective powers of the Police Offences Act and the Municipal Corporations Act. Section 18 of the former act states that it is an offence to transact business on Sunday in view of the public, with the exception of certain essential services.

The Municipal Corporations Act, section 313, makes it obligatory to obtain the consent of a local authority to give any entertainment with or without a charge on Sunday. PREVIOUS JUDGMENTS In 1934 the late Mr Justice Adams held in the Supreme Court that such an authority was no defence against a breach of Section 18 of the Police Offences Act, but in 1944 Mr J. H. Luxford, S.M., and later, in Palmerston North, Mr C. C. Marsack, S.M., gave judgments in prosecutions for similar alleged offences under the Corporations Act.

The magistrate expressed doubt whether miniature golf could be classed as an entertainment, but counsel submitted that the enterprise was on ail fours with a dance hall, where people paid for admission and made their own amusement.

After a lengthy hearing, the magistrate said that an amendment of the law in a tourist town like Rotorua “would be the best course.”