S.M. Recognises Needs of Smokers

Sun (Auckland), Volume II, Issue 340, 28 April 1928, Page 13

S.M. Recognises Needs of Smokers

tobacconists* hours important exemptions

“The sale of smoking requisites is different from the sale of groceries, draperies and similar commodities. The housekeeper is well able to make those urchases within the statutory hours. The worker, however, who is the largest buyer of tobacco and cigarettes, is liable, generally speaking, to make his ourchases during the day.” jlr. J. H. Luxford, S.M., made this g-atement to-day when he grunted two Onehunga tobacconists exemption from the restrictions on hours of sale. * The two tobacconists were A. G. Omrod and W. Ritchie, and their application for exemption were opposed by four tobacconists of the district. “I am not concerned with the morality or the immorality of tobacco or cigarette smoking,” continued the magistrate. “Suffice it to say that there is a large tobacco and cigarette smoking population; many of these people by reason of their occupations may And it extremely difficult to make their purchases within the restricted hours.” PRINCIPLE CONTRAVENED Discussing the case, Mr. Luxford said, •The majority of the tobbaconists at Onehunga signed a requisition in accordance with the statute, and so procured the Ministerial order. In this case —I know not whether it was by design or by error —the applicants were not asked to sign the requisition. The Act requires only that the requisition be signed by the majority: there is no machinery to enable the minority to be heard in opposition to the requisition, even though the granting of it might seriously affect their interests. This contravenes one of the basic principles of our law. From the evidence given it seemed that the granting of the exemption orders would not affect the objectors, but would deprive the illicit traders of th«Jr opportunity of breaking the law. The applicants had proved to his satisfaction that no other shopkeeper rould b® substantially affected by the making of the exemption orders and they were entitled to the relief they sought. Exemption would be granted on the ground that it was in the public interest. Therefore these tobacconists max keep their shops open after the hours of 7 p.m. on week-days and 9 p.m. on Fridays and 10 p.m. on Saturdays. _