VENDING MACHINES.

Hauraki Plains Gazette, Volume XXXIX, Issue 5346, 2 November 1928, Page 2

VENDING MACHINES.

1)0 THEY CONSTITUTE A SHOP 7 A TEST CASE. “Is. an automatic vending machine a shop ?” Such was the question that Mr E. Page, S.M., was qalled upqn toanswer in the Magistrate’s Court,. Wellington, on Friday last, when Messrs Armit, Ltd., .were charged with failing to close their shop at 1 p.m. on the statutory half-holiday. The case really did not deal with the actual closing of the shop, but rather with the presejj|ce of aji automatic cigarette vending machine which is stationed near the shop entrance, and from which cigarettes may be purchased at any time.

■Mr C. Taylqr, who appeared for the Labour Department, said that action, was being taken under section 14 of the Shops and Offices Act, an,d contended that an automatic machine was in the same position as ap actua.l shop. In his opinion the occupierwould be liable for the sale of cigar--otters after hours. He did not think that the question of whether personal service was rendered or not entered!? into the matter. Counsel for defendant (Mr E. F Hadfield) stated that the case; was looked upon, as a test case. He pointed© ut that manjy firms were contemplating the importation of automatic vending machines to a considerable ejxtent. Under the circumstances, it was worth while getting a decision in order to find out whether the merchants would be justified in going to the expense of importing them or hot. Mr Hadfield contended that an auto> matic machine differed from a shop. Unless the public, could actually be ad.mittqd into the instrument it could not be a shop. The magistrate reserved his decision.