SELLING OF MEAT.

Hauraki Plains Gazette, Volume XXXIX, Issue 5230, 23 January 1928, Page 2

SELLING OF MEAT.

ISSUE OF PERMITS NECESSARY. COUNCIL MUST TAKE ACTION. The question, of the suitability of certain premises, in Paeroa for the sale of meat has been engaging the attention of the members of the Borough Council and the Health Department for some time past. The matter ar c se out of an application by Mr J. Bertel.sen. for permission to sell meat from his premises in Queen Street. After consideration by the council the matter was referred to the district health inspector, who reported unfavourably on the premises. Subsequently, and after much correspondence, a legal opinion was obtained from counsel to the Mun’cipal Association. Despite a definite ruling from the Medical Officer of Health the council, by a majority of its memberSj granted Mi - Bertelsen permission to sell meat. Later, the Medical Officer of Health, Auckland ■ (Dr. H. Chesson), paid a visit to Paeroa, and after inspecting the premises confirmed the decision that they were unsuitable for the purpose. At the December meeting of the council it was decided that the bylaws as tirey existed did not give the council a legal right bo issue permits or charge a fee, and after much discussion it was resolved to ask for the return of permits issued and the council would make a refund of fees.

A fresh complexion has been placed on the matter by the receipt of the following letter, dated' December 23, 1927, from the Medical Officer of Health, Auckland : —

“Your letter of 20th instant to hand, in which you state that owing to omission from your by-laws yo'ur council is unable to issue a license or charge a fee for a permit, and that you have consequently cancelled all permits and refunded fees for the current year.

“I can .quite understand that owing to your omission to make provision in) your by-laws for the charging off a fee you cannot legally charge such fees, but this does not affect the question of the issuing of the permit, which is provided for by regulation. The regulation most emphatically states that ‘no person shall use or permit to be used, etc., for the storage or offering for retail sale of meat any premises otherwise than with the permission in writing of the local .authority, and subject to- such conditions as the local authority may by by-law prescribe.’ You will see that there is this definite provision for the issuing of. a, permit, and it would be illegal for any person to sell meat in your borough, without a. permit from your council—that is definite. There is the further provision that you can make conditions by by-law—that is to say you can prescribe, a. fee by bylaw or impose any other reasonable conditions —regarding the individual sellinlg- selling meat in .your borough. It is obligatory, nevertheless that the premises used for the purpose must comply with the regulations. Two things, therefore, have to be complied with : First of all, the person intending to sell meat must have premised which comply with* the regulations ; and, having premises which comply with the regulations, he must then get a permit from ydur council to ply his trade in the borough.

“As matters stand therefore your borough will be without any butchers’ shops whatever unless you issue permits to those butchers who have premises which comply with the regulations. Mr Bertelsen’s premises do hot comply with the regulations—therefore a. permit to him is out of the question. Mr Mathieson’s premises also) do not comply with the regulations, and you would be perfectly justified in refusing to give him a permit.

“I shall be glad if you will therefore go into this matter further, with a view to deciding whether any or all of the others can be permitted by your council to carry on the trade of selling meat in your borough.” At the Borough Council meeting on Thursday night it was moved bj\the Mayor, and seconded by Ci’. F. E. Flatt : "That the letter be received, and the medical officer be informed that its'eontents are noted ; also, in view of the legal opinion, the council intends to immediately make proper by-la,w provision for dealing with the matter.”