SUNDAY TRADING.

Wanganui Herald, Volume XLIX, Issue 14218, 16 February 1914, Page 2

SUNDAY TRADING.

THE “MARBLE BAR’’ CASE. JUDGMENT FOR THE POLICE. On February 4 last Mrs Carroll, proprietress of the “Marble Bar," a nonintoxicatiug and ice-cream shop in the Avenue, was charged with keeping her premises open and transacting her business on a Sunday evening. After going into the case a little, Mr W. Kerr, S.M., adjourned it for two weeks to allow the police to obtain further instructions as to the prosecution and give time, for investigations to be made as to the custom in o li<* towns as to establishments of this nature being open on a Sunday. Tlie case was concluded this morning. The results of inquiries made showed that similar establishments were tolerated in the four larger centres of the Dominion. Senior Sergeant Bonrkc stated that another .similar establishment was about to be opened in Wanganui, and he was inclined to think that if they were allowed to be open on a Sunday evening they would become a nuisance. He also argued that it was not necessary for the bar to be open on Sunday afternoon, being situated in the heart of the town. These establishments were required at holiday resorts, and he would not dream of prosecuting for a similar offence at Castlecliff.

Mr A. Hogg, who appeared for defendant, contended that if Castlecliff were exempted on that account, it would only be fair to exempt them in Wanganui, where they were of equal necessity to returning picnickers. He also argued' that the custom of opening similar establishments on Sundays was growing up in the laro’er centres, and was tolerated by the police authorities.

His Worship. Air W. Kerr, S.AL, in .-nmpfing up, said that it seemed that in other parts of the Dominion these refreshment rooms were open on Sundays, and no steps seem to have been taken to pro’ceute them. Different Magistrates seem to hold different views, and in certain cases convictions had resulted from prosecutions. There seems to be a disposition on the part of the police to regard the selling of tea and non-intoxicat-ing cordials at places of recreation and at the seaside on Sundays as presumably a “snacking" of necessity. In England there is a law which enables a person occupying registered refreshment-rooms to sell on Sundays refreshments for consumption on the promisee, hut if sold for consumption oft thei premises a breach of the Act is committed. There is no such similar provision in New Zealand. The whole question is whether a person keeping open a refreshment-room for consumption of refreshments on the prenun's is committing a. breach of the Act. He was inclined to think that in keeping premises open on Sunday the same as on week-days for the sale of drinks it hardly comes within the meaning of the Act. He considered it was a breach of an Act passed in the time of Charles the Second, and embodied in the New Zealand Police Offences' Act. It might he, he added, that in taking this view he was not strictly correct, when in some of the larger centres there seems to he a disposition to regard these refreshment-rooms as institutions to he tolerated. He would allow Air Hogg an opportunity to appeal so ato testing decision. He thought the case would he met by a line of ss, and l 7s costs.