SUBURBAN GROCERS.

New Zealand Herald, Volume LXII, Issue 19027, 26 May 1925, Page 12

SUBURBAN GROCERS.

THE HOURS OF CLOSING. QUESTION OF COMPETITION. JUDGMENT OF THE COURT. An important judgment has been given by the Arbitration Court in regard to several applications mado by suburban | grocers in Dunedin for exemption from tho provisions of tho local award regarding the hours of closing. Tho principles laid down are interesting as indicating tho views of tho. Court on the general quostion. "In cities and towns and their suburbs," says tho president, Mr. Justice Frazer, " it lias been this practice of tho Court to refuse exemptions to grocers because of tho nature of the competition that exists in this trade. It is impossible in these areas to grant exemption to a grocer without assistants, except at the cost of inflicting a hardship on small grocers who employ ono or two assistants. " We have freely granted exemptions to small suburban drapers, clothiers and outfitters, because the granting of an extra half-hour or hour enables them to retain the trade of suburban residents living in their vicinity who arc employed during the day in the city. Groceries, however, can bo obtained during the day by tho wives of theso suburban residents, just as they have to bo obtained by tho wives of city residents, and tho small suburban grocery shops can retain their own trade without requiring to havo extended hours of trading. Some Shops Not Affected. " Certain occupiers aro not affected by tho award, by reason of their not selling groceries, or selling only a negligible proportion of grocery items. No exemption is necessary in these cases, and tho occupiers may carry on business without limitation of hours of trading as hitherto, excopt in so far as they may be alfected by statutory restrictions. " Other occupiers stock groceries to a considerable extent, but tho sale of groceries doos not constitute their principal business, which in most cases is done iri fruit and confectionery. It is necessary for theso occupiers, or such of them as aro within tho combined district of Dunedin, to apply to a magistrate for exemption from tho restrictions imposed by the Shops and Offices Act, if they desire to keep open beyond 6 p.m. on ordinary days and 9 p.m. on tho day of tho late night. They aro not affected by the restricted hours fixed by tho award so long as they do not employ grocers' assistants, provided, of course, that tho nature of their businesses does not change, so as to constitute groceries the principal item in their turnover. Benefit of the Doubt. " It is impossiblo to administer the provisions of the Shops and Offices Act in regard to closing hours and exemptions without inflicting some degree of hardship on one class or another of shopkeepers. We havo given full and sympathetic consideration to the occupiers of small shops in which a grocery, fruit and confectionery business is carried on, and have in many cases given the benefit of a doubt to occupiers. Phis, however, will cause hardship to small shopkeepers in their vicinity, whose principal business is the sale of groceries, to whom, however, we cannot grant exemption from the closing hours provisions of tho award except at the. cost of inflicting hardship on somewhat larger (though still small) grocers in their vicinity, who cmploy a few assistants, and who must perforce close at tho hours fixed by the award. " Pending any amendment oi tho Act, the only suggestion we can offer to shopkeepers who aro prejudicially affected by other shopkeepers selling their wares after their own shops aro required to bo closed is that they should mako use of the provisions of section 33 of the Act. That section provides that a majority of the occupiers of all shops in any particular trade within the district of any local authority may at any time, by petition in writing, apply to the Minister for Labour to prohibit tho sale in such district of all tho goods tho sale of which is comprised in such trade during such timo as the shops in such trado are required to bo closed in pursuanco of tho Act or of any award. The Minister may thereupon specify tho goods which in his opinion should not 'bo sold after tho regular closing hours, and prohibit their salo by any shopkeeper."