IS A STUDIO A “SHOP?”

Taranaki Daily News, 8 May 1930, Page 13

IS A STUDIO A “SHOP?”

PHOTOGRAPHER BEFORE COURT. DEFINITION TO BE SOUGHT. Albert A. Prescott was charged in the New Plymouth Magistrate’s Court yesterday before Mr. R. W. Tate, S.M., with failing to close his photographic studio on the day of the weekly half-holiday. Mr. G. A. R, Whiting appeared for the Labour Department, which laid the information, and Mr. A. A. Bennett for defendant. Mr. Bennett, in asking for a week’s adjournment, said the question to be decided was whether the studio came within the definition of a “shop” under the Shops and Offices Act. The adjournment was asked for on the ground that the case was one of considerable importance to his client, and would be in the nature of a test case; Unless the studio was defined as a “shop” it would not be required to close on the statutory half-hoiiday. It was a matter of serious consequence to the defendant, and so far he felt he had merely touched on the question, and would like more time to pursue his investigations. Counsel said that at present he did not think the studio, came within the definition, but to go on would be to prejudice the defendant’s case.

Mr. Whiting said he would not object to the adjournment providing that defendant woiffd close his premises in accord with the times set down under the Act until the ease came again before the court. It would not be fair to the other photographers of the town if Prescott’s studio remained open.

Mr. Bennett said that that condition was hardly fair to Prescott, and he could not give such an undertaking. “Defendand is of the opinion,” said Mr. Bennett, “that he is not required to close, and as a layman he might consider that by agreeing to close he would admit a breach of the Act.” Counsel said fresh proceedings could be issued for next week if the department considered remaining open a breach.

Mr. Tate said it was not an unreasonable condition of the adjournment. After all, there was only one Saturday before the case would be before the court. The matter of keeping open at evenings did not enter this case.

Mr. Whiting: If the Saturday opening is proved a breach then proceedings will be set in motion for failure to close during the week. However, if it was decided the studio was a shop it was inferred defendant would close.

Mr. Bennett: It is a poor man’s photography studio. Most of the business is done at night, and defendant will undertake to close on Saturday. • Mr. Tate said that was what he had in mind. The other matter was not before the court.

Counsel undertook to see that the Saturday half-holiday was observed, and the adjournment was granted on that condition.