SHOPS AND OFFICES ACT.

Press, Volume LVII, Issue 17125, 21 April 1921, Page 9

SHOPS AND OFFICES ACT.

STOREKEEPERS DESIRE EXEMPTION.

Seeking exemption from Section 11 of the Shops and Offices Act, 1920, which sets the closing hours of shops at 6 p.m. on four days in the week, 1 p.m. on tho half-holiday, and 9 p.m. on the late night, 45 applicants appeared at a special sitting of the Magistrate's Court yesterday afternoon, before- Mr S. E. McCarthy., S.M. The Magistrate sat in virtue of an amendment to the Shops and Offices Act which is as follows:—"Provided that a Magistrate shall have jurisdiction on application by tho occupier of any shor> to which this section applies, and in which no shop assistant other than a member of tho occupiers family is employed, to exempt that shop from the operation of this section, ir the Magistrate is of the opinion that the observance of the closing hours, fixed by this section would cause undue hardship to the occupier." Mr It'. D. Martin appeared for the Shop Assistants' Union, Mr E. L. McKeon, chairman of the Shopkeepers' Association, represented that organisation, and Mr *D. G. Field. Officer in Charge of the Labour Department, watched proceedings on behalf of that Denartment. John Joseph Dalton, 22 Falsgrare street, Sydenham, in making his application, said that he himself went out to work occasionally as a day labourer. Prior to the operation of tho Act, much of his trade was done with working men on their way homo after work. His takings after 6 p.m. would be from 15s to 20s a day. To Mr Martin: He averaged about £2 2s a week as a labourer. At this stage Mr J. H. Uphnm, who was appearing for one of the appellants, questioned the right of Mr Martin to cross-examine witnesses, as tjho Act only provided for this being done by solicitors. Mr McCarthy said that ho would allow the union's representative to carry on, as he (tho Magistrate) desired to hear all sides of the question. S. Donaldson, 127 Montreal street, general storekeeper, his premises being held on lease, said that other shops in the locality selling similar articles were able to keep open. The early closing of his shop had resulted in a considerable drop in his takings. A number of his former customers had left him in consequence of early closing not suiting them. To Mr Martin: A lot of witness's cus-' tomers worked at ," and did not get homo until after 6 p.m. each day. His confectionery trade had fallen-heav-ily since the early closing. John Harrison' Campbell, whose grocery shop is.situated at 130 Colombo street, stated that tho Repatriation Board had advanced him £3OO to start tho business. Ho considered that a fifth of his business was done after 6 p.m. During February his takings dropped by £4O. Early closing had resulted in many of his customers going to larger businesses. To Mr MoKeon: There was a shop just across the street that was hot required under the Act to close at 6 p.m. Jano Matilda Caratti, 95 Manchester street, bookseller, said that the biggest portion of her was done after 6" p.m. by people going to or coming from tho railway station. Tho railway bookstall .was open at all hours.. She was under contract with regard to magazines, and could not cancel such contracts under six months' notice. George William Ellis, a storekeeper at Spreydon, said that some of the loss ho had .incurred ho attributed, to another shop keeping open in Addington .after (? p.m. ; Alfred Edwin Fullwood,"'293 Hereford street, general storekeeper; Isabella Gould, 502 Colombo street, storekeeper; Grace and Cameron, 307 Worcester street; Martha Henderson, Lincoln road; Francis Holland, Riccarton road; George Alexander Jamieson, Shakespeare road.Waltham; Ada Isobel Jones, Colombo street, Beckenham; E. L. McKeon, Colombo- street, Sydenham, mercer and clothier • Stanley Moorcroft, corner of Worcester street; Jane Powell, 56 St. Asaph street; Joseph Henry Pratt, Colombo street, Sydenham; George Reid, 374 Colombo street; Agnes Shearsbv, Dean street, St. Albans; Frank Smedlev, £2B Cashel street; Mary Frances Smith, Worcester street; Thomas Summerfield, Sydenham; Richard Wood, 160 Wilson's road (who presented n petition from residents praying that the hour of closing should be extended); Martha Daly, 20 Papantn road; William Henry Luxton, 413 Colombo street; and Catherine Hanna, Riccarton, also gave evidence. Further hearing of tfie applications was adjourned ti11,2.15 p.m: to-morrow. Mr E. Jones, secretary of the Shopkeepers' Association, said that he had seen a telegram from the Hon. G. J. Anderson, to the effect that, pending a magisterial decision being given, he had the power to allow applicants' shops to be kept open after 6 p.m., and suggested that such permission should be given. . Mr McCarthy: I have nothing to do with the Minister;- I have to go by what the Act says.

(PRESS ASSOCIATION TELEGRAM.) AUCKLAND, April 20. The Magistrate's Court to-day wis thronged with email shopkeepers, who applied for exemptions from being compelled to close at 6 o'clock. Exemptions ivere granted in 70 cases where the Labour Department raised no objections. One application was refused, as the applicant ha a a day assistant, and several were adjourned.