SHOPS AND OFFICES ACT.

Otago Daily Times, Issue 14457, 25 February 1909, Page 2

SHOPS AND OFFICES ACT.

INTERESTING JUDGMENT.

Mr H. Y. Widdowson, S.M., delivered reserved judgment at the City Police Court in the hist ease heard on Monday, in which Robert M Quillim, a shopkeeper (Mr Ilunlon) was charged with failing to clcso his premises on the statutory half-holiday. It will be remembered that for the defence Mr llanlon contended that as defendant was the holder of a hot tic license ho was entitled to sell liquor up to 10 p.m. on every day, hut Sunday, irrespective of the statutory half-holiday, as long as he did not open his grocer's" shop to do so. fi ln delivering judgment, his Worship said: Tho question in this case is whether a storekeeper who is also the holder of a bottle license can sell liquor under such license on the half-holiday on which shops are required to close under the Shops and Oilicos Act, notwithstanding the provisions of the latter, or, in other words, whether the provisions of the Licoxsing Act in respect of bottle license override the provisions of the Shops and Offices Act as to liquor saleable under such licenses. Clause Ij. subsection 2 of section 1 of " The Licensing Act. 1S08," provides "that such of ••lie pi-odious of these enactments (i.e., the consolidated enactments herein mentioned] as relate to bottle licenses, ant. are in force on the coming into operation of this act, shall continue in force as if this act had not been passed, provided thai nothing herein shall be construed as to recognise the lawful existence of such licenses." What, this proviso means it i s somewhat difficult to say, but for the purposes of this ease it is immaterial. Section 33 of " The Licensing Act, ts;n,' authorises the holder of a bottle litonss to toll and dispose of on tile premises specified therein, but not elsewhere, any liquors in bottles corked and scaled, capsuled and wired, of certain sizes, and not to he drunk on the licensed premises. A limitation of hours during which sales of liquor can lie made is not attached to bottle licenses by any provisions of the consolidated acts, but it is atluciied to publicans' and accommodation licenses, and I know of nothing in those acts which provides that the holder of a bottle license tan sell such liquor during specified hours, nor there any exemption in the Shops md Oihces Act in respect of shops similar lo deicndaufs. It is admitted that tho liefemiitnt would be guilty of a breach of tho bhops and Offices Act if ho had on the occasion in question sold any other article than liquor. lam of opinion that the sheet of a bottle license is to enable a person holding such license to sell goods 1i.0., bottled liquors) in addition to his other goods whiesi, but for such license, he would be prohibited from selling, and that there is nothing in the Licensing; Act which protects or exempts a storekeeper from the provisions of the Shop; and Offices Act in respect of such bottle license. A.* this is a test caw a conviction against tho defendant will be recorded, and ho will ho ot'ueretl to pay costs (7s).