PETROL SOLD DURING CLOSING HOURS

Rotorua Morning Post, Issue 5281, 18 December 1946, Page 6

PETROL SOLD DURING CLOSING HOURS

m ■ — :REGULATIONS BROKEN ■MANAGER OF SERVICE STATION FINED * Twc informations alleging f>reaches of the Oil Fuel Regulation, 1942, by i'ailing to elose Ms petrol service station 011 the ifternoon of Saturday, September 7, and Sunday, September 8, were laid against Jack Kingsley Burleigh", manager of a service station in Rotorua, in the MagistrateV* Court yesterday. After eoiisiderable evidence and legal argument had been heard, defendant was fined £2 on the oliarge relating to the Saturday, ihe other charge being disthissed. The prosecutor was Norman Pelvin, district Inspector of Factories, I and defendant, who pleaded nofc guilty,' was represented by Mr. J. F. Xeane. Mr. Pelvin said that provision was made toi* emergency saies, but the regulations did not state that premises might be kept open in anticipation of business and the station was required to be effectively locked un when saies were not being made. A register lutci to he kept, and he would bring evidence with a view to showing that the saies entered were not made in eireunistances of emergency. Harold Matthew Hackeit, Inspector of Factories at Tauranga, deposed thar in eompany with the local inspeotor, )ie had called at defendaul's 3tation at '1.22 p.m. on September 7 and in the spaee of 20 minutes, l'our saies were made. Bottles of oil were exposed on a stand outside the door. The three customers supplied while witness was on the premises were all Rotorua residents and the reasons for seeuring the benzine were variously desei'ibed as "short," "to return homt. ' and "out of petrol." Defendant had told witness that he had had legal advice from Auckland that he was: pormitted to- remain open. Witness adiied that lie had seen a oar being supplied on the Sunday at T. 1 5 p.ni., hui he had not seen anv other business transacted. Cross-examined by Mv. Reane, .witness said he did not consider the reasons given l'or sccuring supplies eonstituied an emergency. Ile was isntisfied that the entries wero bona jnrie but not with the explanations they contained. He admitted that the number of visitors to the town at tliis timo of year might he equal to i ho number oi residents. Counsel pointed out that the Vegulaticns expressly proviled for the owner of the premises to supply rental cars, whieh was part oi' defendant's business. Interpretation of Regulations Norman Pelvin testilied to having talcen a note of 5') entries, aggregating over 200 gallons, on Meiendant's register on September X. To Mr. Xeane: He(had examined Ihe emergency supply registers of other garages in Rotorua, but not xecently. Counsel: Don't you think 'it is a narrow view to take oi the regula - tion? io- recjuire a man t> sit behind a elosed door, wait for tln* bell to ring. switch on the power for the Tiiiiup'-. e t ihe register signed and then retire behind the dosed door until the next sale? — No. J talce it that ihe word "einevgencv has a /neaning. Counsel: Don't you think, the regulations are suseeptible to a more liberal i ntei pre tati on ? — P ossihl y . The Magistrate, Mr S. L. Paterson: li* j'iii.1 re.t'er to all the people who have been short of oil, you will have to go baclt to Biblical days. Mr. Kea n e submitted there were three circumstances in whieh it was lawful i'or a service station to ho open during ordinary elosing hours. The owner of a retail business eould obtairi 1'uel for his own vehicle, or for ihe supply of cars ior hire and 1 or emergency saies of oil fuel. Counsel proceeded to discuss what constitutffj an emergency. The Magistrate: An emergency 5s that whicli cannot reasonably be foi'escen or provided for. If defendant was keeping open for the sale oi petrol on inadequate grounds. theso entries are proof of it. Reasons Held Not Valid Counsel submitted that even if the reasons given for reciuiring petrol were not as full as they miglit have been, they were reasc-nable and taking the whole of the represcntations together, he thought the Coui"t had ihe right to consideiyjthat defendant : acts were not" a contravention of the regulations. / The. Magistrate stated that the evdence . of the inspector showed that cars were supplied with benzine withoni: i.he premises being* closbd on Sep-

tember 7. He found that three drivers supplied were local residents 1 and the reasons for the service were , not valid in contempiation of the ! regulations, as constituting an einer- ! gency. i "There has been a suggestion that I (lefendeui is entitled to keep open | hecause of the liiring oi rental cars I'lit. the i>remises wero not being kept r.pen for that purpose. A further incriminating pieee of evidence is that "■ defendant told the inspector he had had advice and was entitled to carry '• on," concluded his Worship. h The charge relating to September I S was dismissed and on the other, i defendant was fined £2, and costs.