The Shops Assistants Act.

Opunake Times, Volume II, Issue 77, 29 March 1895, Page 3

The Shops Assistants Act.

Wellington, March 25

'flit opinion of Mr W. 13. Edwards, the well-known solicitor, has been take . vij the question of whether the Bile of tobacco, cigars, <fcc. by hotelkeepers brings them within the provisions of the Shops and Shop A-is-tants Bet, and in . a summary published by the Post he thinks the word'"shop" as defined by the Actis sufficiently wide to include every hotel, whether tobacco is sol 1 or no? as aerated waters and food is incident to the business of an eating house, is not, Mr Edwards thinks, a tenable tonteniion. The sale is as a licensed victualler's. Licensed victuallers are uot mentioned in the Shops and Shop Assistants Act, and it i 3 plain that they were not intended to be affected by that Act. Every hotelkceper has been in the habit of selling cigars, &c, and there is nothing in the Act to show that it was intended to interfere with this being done. " The conclusion to which I come to," says Mr Edwards," is therefore that the sale of tobacco &c, as heretofore carried on by licensed victuallers dees not make them subject to to the provisions of the Shops and Shop Assistant Act of 1891. Moreover, even if the sale of tobacco, &c, rendered an hotel a shop within the meaning of the Act, it would seem to be compliance with the law if hotelkeepers neither sold nor exposed for sa'c tobacco, &c, on the statutory half-holiday, and it would not« be "necessary that he should close his premises on that day. The case of Tassell v. Ovenden, 2 Q.8.D., page 383, is quoted' as one in point, as showing that if tobacco, &C, were shut up and not exposed for sale on the statutory half-holiday, it would not be necessary to shut up the house. In any case, the fine under the Shops and Shop Assistant Act would be the only punishment, and a conviction would not affect tho license.!' In conclusion, Mr Edwards says:—"l am, however, pretty confident that it would be held by the Supreme Court that tho sale of tobacco, &c, by hotelkeepers has uot been in any way affected by the legislation of 1894."