SUNDAY REFRESHMENT.

Dominion, Volume 7, Issue 1986, 17 February 1914, Page 8

SUNDAY REFRESHMENT.

CASE AGAINST SOFT DRIHE .'AH'B • .', ■• ICE-CREAM SHOP. '.". (By T«lcErapli.—Special Corrdspondeist.) Wanganul, February 16, Mr. Kerr, S.M., delivered judgraent. ibis morning in a Sunday trading case of eo-hsiderabte interest to sellers of, "soft" drinks. . About a fortnight ago' Mrs. Carroll, the proprietress of the "Marble Bar," a non-intoxicating drinks and ioc-oream shop in Victoria Avenue, was charged with keeping heT premises open and transacting business on Sunday evening. _ After going into tho case, Mr. Kerr adjourned it for two weeks, to allow the police to obtain further instructions asto tho prosecution, and give tiino for investigations as to the custom in other towns regarding establishments of this nature being epen on Sundays, The inquiries made showsd that similar establishments wcro tol--1 crated in the fout larger centres of the' Dominion. Senior-Sergeant. Bonrko stated that another similar establish* •merit was about to bo opened in Wangariui, and he was inclined to think that if they allowed them to bo opon on Sunday evenings they would become a nuisance. Ho also r,rgued that •it was not nocessary for tho "Bar" to be open o-n Sunday afternoons, it being situated in the heart of the town. These establishments were required at holiday resbrfes, aiid lie would not dream of prosecuting for a similar offence at Castiec'liff.

Mr,. A, Hogg, who appeared far the defendant, contended.that if .Castleeliff were exempted oil.that ae.eq.unt.it was only fair to escmpt them in"WanganUi, where they wore of equal necessity to returning picnickers. He also argued that the custom of opening similar establishments on Sunday was growing up in larger centres, and was tolerated by the police authorities,' His Worship, in summing tip,/ said that it seemed that in other parts of the Dominion these refreshment rooms Wore open on Sundays, and.no stops Seemed to have been taken to prosecuta them. Different Magistrates " seemed to hold different views,' and in certain eases; convictions had resulted -.from prosecutions. "TJiere seo-nis to bo. a disposition on the part of the police," said Mr. Kerr, "to-regard tno soiling of tea and non-intosieating cordials at places of -recreation and at the seaside on Sundays as presumably "snaeking" of necessity. In England there is a law which enables a person Occupying registered'refreshment rooms to sell on Sntidays, but if sold for consumption off the premises the' transaction constitutes a # breach of the Act. . There'is no sii'ch similar provision in New Zealand. The whole question is whether a person keeping open a refreshment room for the consumption of refreshments on the promises is committing a breach of the Act." Ho (Mr. Kerr) was inclined to think that in keeping premises open <nv Sundays,, the same as on wc«k days, for -tiro sale of'drinks, it hardly'came within the meaning of tbo Act. Ho considered that it was a. breacli of. an Act passed in the time of .Charles H, and embodied in the Now Zealand Police Offences Act. "It miebt- be," he added, "that in taking this view I am not strictly correct, when in some of the larger centres there seems to be a disposition to regard these refreshment rooms -■>? institution;! to be tolerated." Ho would allow Mr. Hogg nn opftoTtun* itv tn appeal, so as to test his decision. He thought the wise would he met by : a fine of 55., and 7s. costs.