IMPORTANT CASE

New Zealand Times, Volume LII, Issue 12075, 28 February 1925, Page 2

IMPORTANT CASE

“LIQUIU REFRESHMENT” WAS SHOP OPENED LEGALLY ON SUNDAY?’ ALLEGED EXPOSURE FOR SALE. A case of importance to proprietors of marble bars and refreshment rooms was heard yesterday before His Honour the Chief Justice. Frank Clewer, of Willis street, Wellington, was charged that he kept open a shop in Willis street on Sunday, November 16th, 1924, for the purpose of exposing goods for sale. The appellant was convicted by Mr E. Page, S.M., and appealed to the Supreme Court. Mr H. F. O’Leary appeared for the appellant and Mi P. S. K. Macassey for the ; espondent. Mr O’Leary contended that the appellant was entitled to open his marble bar on Sundays for the purpose of supplying refreshment* to the public, and that the appellant, who carried on the business of a confectioner as well as that of a marble bar proprietor, could not be convicted for keeping open his shop on Sundays for the sale of confectionery, as his shop was lawfully opened for the purpose of supplying liquid refreshment in accordance with the provisions of tli© Police Offences Act, 1924, and cited authorities m support of his contention. Mr O’Leary further contended that chocolates were refreshments, and he was entitled to expose his goods for sale to enable him to sell confectionery for consumption on the premises. Mr O’Leary submitted authorities in support of his contention.

TWO BUSINESSES. Mr Macassey contended that the appellant carried on two businesses:—(l) The sale of confectionery for consumption off the premises; and (2) the sale of liquid refreshment and sandwiches for consumption on the premises. The magistrate found as a fact that his shop was open for the purpose of. carrying on, and that the appellant did carry on, both businesses on the Sunday in the same way as he did on week days. Mr Macassey pointed, out that the ordinary confectioner must close on Sundays, and the appellant was taking an unfair advantage over other confectioners by working up a round of customers by supplying them with confectionery on Sundays. ‘He contended that the shojj was open for dual purposes, one of which was lawful, namely, carrying on the sale of liquid refreshment for consumption on the premises, and the other was unlawful, namely, tho sale of confectionery for consumption off the premises, and that he must be held to have opened his shop for each of those purposes. If Mr O’Leary’s contention was upheld, it would follow that a grocer, by Keeping a few bottles of lemonade or ginger ale in his shop and a few plates of sandwiches, could sell any goods he liked, such as chocolates, cigarettes, and groceries. He submitted that sub-sections, I and 2: of section 4 of the Police Offences Amendment Act, 1924, created an absolute prohibition of trade on a Sunday, and only certain exceptions, such as cases of necessity (of'which the sale of refreshments was one) were allowed hy sub-section 3, and that the appellant could only come within the exception hy showing that he carried on business on Sunday exclusively for the purpose of supplying refreshments to the public for consumption on the premises. His Honour intimated that he would reserve judgment.