SALE OF MEAT.

Timaru Herald, Volume CXXIII, 19 March 1926, Page 4

SALE OF MEAT.

. ON UNLICENSED PREAIIgES; t CONVICTION .RECORDED. r At the Timaru Magistrate’s Court, before Mr E. D. Mosley, H.M., Allred 'Washer,- 'who was represented by Mr W. H. Walton, pleaded not guilty to charges of having permitted, his premises to bo used for tiio retail sale of meat without first having obtained the permission of the Timaru Borough Council, and also with haying .sold meat to various residents within tho Borough of Timaru without having a license to do 50. Mr Finch appeared for the. Timaru Borough Council. "* George Booth, 1 ■ sanitiß'y ..inspector, suid; that. 1 in’ ’Jatnfdry fast lid. went;toMr Washer's auction, mart: .avid , sawpleat exposed for'' sale;.'* Htt’-tinforhiccU that -th'e conditions' of thd' premises did not meet with tho requirements of the regulations, and that lie was liable to prosecution. On January 19th -defondant applied for permission, but after some correspondence on the subject, permission was refused until the requirements of tho regulations were complied with, under the By-Law and Health Act regulations. Defendant, however, still continued to sell meat, al, though'-,ivtii'missiop had'- been reiWodpTand noalterations had befell effected' 1 to either' the premises ,br the; selling conditions. The 'meat was sold, in the north-west corner of the building in a partially enclosed area of the building. The regulations required a coiling. In that portion of the building there was no ceiling- Witness inspected-, the premises lignin on March sth, apd saw moat being retailed in small quantities. The rooms were not equipped with hot water for cleaning tho blocks and counters, and were also used for the sale of second-band goods. To All- Waßon : tyHg Coukl- pot, -saywhat provision had been the:, licensing of butchers" shops prior , to January., When lio'mado liis inspection, no licenses had been taken out by butchers since 1909. To his knowledge, neither tho butchers nor the butchers’ premises had been licensed. Air Finch: The regulation only came, jmbo 'force ;inlTffo. Borough by--Rvvfe 'only of Jthe prerniSOs/jaffß, Rpt tiro quality of thb, meat. ’ To Air. Walton: Regular inspections had always been carried out. Licenses had now been issued, and would remain in force until thoiehdtbf thef month. His-Worship: ThiVis all very interesting, Air Walton, but what has it to do with the case? All- Walton: It is our contention that an effort is being made to single out I defendant for a- prosecution. If it '* cam© to a point, it might also be found that some of the butchers’ shops in Timaru were not conforming to the by-Jaws, His. .Worship: I...can’t see that that point’afloctjS’tiie' except, of coulee;;, iri mitigation or, pfe penalty.; ■ • "Ci-qss-exaihihed'ifuither, ayitness said .that Abo, lqst time Re was in the auction ''rooms, -defendant*'- said thatvthe. form sent him did not meet with liis requirements. He asked what alterations would be required, but witness could not inform him off-hand, that being a matter for the Health Officer to decide. The Health Officer later inspected the premises, but only to see if moat was being sold. The part sot aside for the sal© of meat was 111 good and cleanly order. To His AVorship: He was now awaro •of the .th<J., ,R.Q.ipi}g|L . by-laws. The cleanliness of the build,ing .and • ■ jbattpi'sy that copbei-u® A& ;:PW I(S W ■ At the time lie ihtcrvieweß defenejant lie thought he would 'be exeeSfling-liis duties in telling deleiMlaut ijhat, uas 'rbqiiif ed. f * J. Alenzies, Health Inspector; said that lie had told defendant that ho was making the rooriis into a butcher s shop, and that he would have to build in the area and allow direct access to the open air.- The regulations applying to premises converted ’into a butcher’s shop required siiitabite drainage, hot water, plaMered'Avails, etc. As an inspector,' he’ thought that with a building such as defendant's it would be a little unreasonable to ask him to carry out all the requirements,..but to safeguard himself lie referred jtho matter to the Health Qfficer. A disi cussion eventuated between defendant - and Dr. Dawson, tho.' latter Stating that it was a matter for tile'Borough Council to see that' the regulations were complied tyiti l -' 'The regulations were referred to in a general way', and' Witness told defendant that the regulations existed and , could bo seed, To Air Walton:" He told defendant that he would have to open up tho back, and put in a, ceiling. ' Bo noticed nothing offensive, about the rooms. Witness lirst ' discussed the question with defendant in 1921. Tho state of the premises was the same then as it I was now. J)r. DawSon reported that tho place did not comply with tlio regulations, and that tho onus lay upon the Council to see that they were complied with. Tho moat sold was mutton, and was all covered. For the defence, Air Walton said it would be admitted that meat was sold, but owing to"the difficulty experienced m trying to get definite instructions as to" the requirements of the. Council and the Health Department, defendant had no opportunity of conforming' with tho regulations. Alfred Washer, tho defendant, said that lie had decided to resume selling moat in January last, and asked tho acting town clerk what was required. All- Paterson, one of the Council officials, inspected the premises, and suggested one or two improvements. The acting town clerk advised him to put in a formal application, which was refused, without any comment' whatever. He only sold dry meat, and in conversation with J)r. Dawson, pointed that fact out. l)r Dawson said that he would confer with Dr Telford in regard to regulations affecting such questions. lie had had two or three interviews with Air Booth, but lie had not boon supplied any information, regarding the Council’s requirements. Dr Dawson' said that "ho thought that they should require a ceiling. His application had not even gone before the Council, and he thought that there was more in"the' c'n'So'than met the °''t'o Air Finch-; It, was known throughout the town that he was tho subject of prosecution.-' He iiad n'ot been warned repeatedly regarding Ins premises. He received -warnings fnim the town clerk, but not the inspectors. He did not know whether a ceiling was, required. There was a coiling over the whole of tho auction mart. To His Worship: The butchers’ shops in’ Timaru are in a. .disgraceful state, \our Worship. -■. • . ‘ His AVorship : That does ;nofc ..effect vou 1- ease, > Air Washer. \ r on are supposed to know the regulations, and *0 satisfy tho Court that the regulations are being complied with. 1. am not concerned with anything else, but whether or not tho law was being complied with in the present case, . Defendant, : AVhv should thby grant provisional licenses to others, and stop '"liis AVorship: Coming down to bedrock, you know it is necessary to take precautions. " Defendant: T have not Complied Wltn, the regulations, but neither have tlio others. . All- AValton said that under one Act a mail had power to sell meat, and under the other he had not. His AVorship: It is an' absurd position. Mr AValton said that defendant also had the greatest difficulty in obtaining the information required. lie ' considered that the prosecution bad beeu

rather precipitate, and that reasonable time should have been given to conform with the regulations.' His AVorship said the law had to bo carried out, hut it also had to he' enforced reasonably. He considered that All- AVasher had something to complain about, and that tho Health Department 'and Council had been somewhat at sixes and .sevens regarding the matter. Although not enforced, the regulation had been in .existence) for some years, and the officials concerned should have mad© themselves acquainted with Hie' regulations.. All- AValton intimated that defendant merely required time to ascertain the requirements, of the Council. Until then, ho”would cease retailing meat. Under the Act, he was still entitled to auction, meat,. . , , .. Defendant was convicted on both charges, costs amounting to £2 Js, being allowed prosecutor on tho first cllar S e - - - ‘