HOURS OF CLOSING.

Otago Daily Times, Issue 20522, 25 September 1928, Page 2

HOURS OF CLOSING.

FISHMONGERS’ APPLICATION. AN EXEMPTION CANCELLED. In April last George N. Pagouis, a George street restaurant keeper, was granted exemption from the hours’ provisions of the Shops and Offices Act so that he could sell cooked fish over the counter at any time during the evening. Since then the local fishmongers have formed an association, and in accordance with their right to fix their own hours have limited their closing time to 7.30 on the first four evenings of the week. Maintaining that they were losing business through Pagonis being allowed to keep his shop open later than that hour four fishmongers trading in the vicinity of his premises applied to the Magistrate’s Court yesterday for the cancellation of the order previously made in his favour.

Mr W. G. Hay, who appeared for the applicants, claimed that fishmongers carrying on business in the vicinity of Pagonis's shop were materially affected by his exemption. The sale of cooked fish was a material part of a fishmonger’s trade. If exemption were granted in such cases as that of Pagonis all the fishmongers would have to apply for exemption.

On the other hand, Mr J. S. Sinclair, who represented Pagonis, maintained that the exemption did not “ substantially ” affect the business of the objectors, which the Act required that they must prove. After evidence had been given by Charles Speller, Lewis Helm, Daniel Minnock, and Alexander Cruickshank (the applicants), and by Pagonis, the magistrate (Mr J. R. Bartholomew, S,M.) stated that had the position been placed before him when Pagonis made his application the order would not have been granted. He was satisfied that the neighbouring shops must be substantially affected. If Pagonis were allowed to carry on under the present conditions any fishmonger could apply for exemption, and it would have to be granted. It was highly desirable that there should be some limit to the hours of trading. He would, therefore, limit the hours of Pagonis to those observed by the fishmongers.