SUNDAY TRADING CASES

Dominion, Volume 10, Issue 3004, 15 February 1917, Page 9

SUNDAY TRADING CASES

DEFENDANTS- CONVICTED,

Mr. W. G. Riddell, S.M., delivered his reserved judgment yesterday in the Magistrate's Court in the cases against tho Marble Bar, Ltd., and Godtfred Gorgensen and Nellie Nightingale, proprietors of Lβ'■ Grand, Willis Street, charged with keeping their shops open for business on Sunday, December 17. Botli cases the Magistrate held woro on tho samo" footing, and his remarks applied to both. The informations were laid under section 17 of tho Polico Offences Act, which provided a penalty of 20s. in the case of a' conviction against a shopkeoper who kept his premises open for business on. a Sunday. Tho Act allowed for certain exceptions, and the question to be decided in connection with the precent cases was as to whether tho businesses carried on by the defendants came under tho heading of "public necessity." The defendants admitted that their premises wero open for business on Sunday from 10 a.m. to 10 p.m. Tho menu of tho Marble Bar contained a large assortment of soft drinks, but on ono page there wero the items of a light lunch, and it was argued on behalf of the defendants that as light lunches aud tea were provided on Sunday tho businesses should be classed as restaurants.

Mr. Hiddell quoted .several Magisterial decisions on tho matter, including the judgment of Mr. S. 15. M'Carthy recently given in tho American Loungo Bar case. In His Worship's (Mr. ltiddell) opinion it could not be held that tho principal function of tho defendants' businesses was tho providing of lunch and tea. Ho was notprepared to say that defendants hat , proved to the Court that their Inisi nesses wero covered by the exceptions provided in tho Act. Defendants wero convicted and eacli fined 205., with costs and security for appeal was fixed at £8 Bs.

At tho hearing, Mr. A. W. Blair appeared for the Marble Bar, Ltd., and Mr. Beechy for tho proprietors of the Le Grand.