SALE OF CIGARETTES

Hokitika Guardian, 1 April 1924, Page 2

SALE OF CIGARETTES

BILLIARD ROOM A ,BHOI'. I.MPORTANT JUDGMENT. WELLINGTON, March 28. A judgment which lias an important bearing upon tlie business ol billiard saloon keepers and which lias, incidentally. considerable interest for a large section of tin: public, ita-s been delivered bv Mr L. Rage. U M.. in the case in winch the Limpet tor oi l lu.torics pio. coedcd against Lean and 0 Callaghan lor lading to close their simp at one o'clock on the Saturday iiall-holio.tt. The premises in question consisted of small office attached lo a billiard room, and used for the sale ol -oil drinks and cigarettes. The magistrate held that such premises constituted a •■shop” within the meaning of the Shops and Offices Act, and ihereiore had to be closed at 1 p.m. on the statutory half holiday, even though the billiard room it sell might be kept- open until I 1 p.m. The ell'ecl of this judgment. tbebrelciiv, i- that where piuprieturs keep cigarettes lor sale ivittii'i the actual billiard room ilsell, such billiaid room cannot be kept open aitei 1 p.m. on the statutory ball-holiday. NOT A RESTAURANT. It was contended by counsel for defendant, said His Worship, that- so iar as the .selling ol suit drinks was concerned. this constituted the .'remises "restaurant,” and that therefore the drinks could be sold at any time. He did not agree with that view. A restaurant was defined as any 'oiiMing or place other than an hotel in which was carried on exclusively the Im-inc.ss of selling meals of relrcsbmeiits to the general public for t ousiimptioii on the premises. As cigarettes were dso su'd, it cannot be -aid that tlie bu-i c-x ol | selling refreshments was exclusively | carried on. The fact that defendants’ held a license from the City ' ot.neil c: 1 - ; aiding them to keep open their billiard -alnon till 11 o’clock each evening did j not assist them. Such license only re- t I'cned lo the billiard saloon, and ii , their opera!ion,, came within the provisions of the Shops and Oifieos Ael , thov had Lo comply with that Act. DEFENDANTS -CONVICTED.

As the defendants failed to close the shop on the dale in question a conviction would have to be euteied. Ihe inspector reported that the promises were well conducted, and that tin* defendants gave him every as-ist toee. The defendants were themselves desirous of obtaining a ruling as to their position, lie ihoupght that an nidet to pav the co-t“ would meet the case.