HOURS OF CLOSING

New Zealand Herald, Volume LXXVII, Issue 23773, 28 September 1940, Page 13

HOURS OF CLOSING

FRUITERER CONVICTED QUESTION OF DEFINITION [from our own coriiksponnent ~| HAMILTON, Friday "The issue depends on whether or not the principal part of this man's business is that of fruiterer or confectioner," said Mr. S. L. Paterson, S.M., in the Hamilton Police Court this morning, when Alexander Jackson, described as a fruiterer, confectioner and dairy produce dealer, of Grey Street, Claudelands, was charged by Mr. F. W. Asliby, inspector of factories, with keeping his shop open after 6 p.m. on a week-day, the hour specified for fruiterers to close. Mr. A. L. Tompkins appeared for defendant. Jn a statement of defendant's total turnover for one year, it was revealed that 31.7 per cent was from his business as a fruiterer, the remainder being made up of confectionery, bread, etc., soft drinks and ice cream. Mr. Ashbv stated that lie considered a man's business classification should be that of the largest individual class among his goods. In this case it-was fruit. Therefore defendant was in a fruiterer's business and should observe that trade's closing hours. Mr. Tompkins said it seemed reasonable to suggest that bread, butter, eggs and milk are usually associated with confectioners' shops, and therefore are part of that business. If Jackson's sales of these goods over the year were added to his confectionery turnover, the resulting percentage would exceed that of the fruit section, so lie would not have to comply with fruiterers' hours, being classed as a confectioner. Mr. Paterson snid that from statements made it was shown that the majority of fruiterers sold confectionery. Thev also sold eggs and soft drinks. He believed that defendant's principal business was that of a fruiterer.

Mr. Tompkins suggested that, as the case was something in the nature of a test case, no penalty should be imposed, but Mr. Ash by was of the opinion that some penalty should be entered as a warning. A fine of 10s and costs was imposed.