§ (1) If a shop assistant is employed contrary to the provisions of this Act, or is not allowed times for meals as required by this Act, or if any room in which seats are required to be provided for shop assistants the shop assistants are not allowed the reasonable use of such seats, the occupier of a shop shall be guilty of an offence against this Act unless—
- (a) in the case of a shop assistant employed after the time fixed as the time at "which his employment or spell of employment is to end, he proves that the shop assistant was employed merely for the purpose of serving a customer whom he was serving at that time, or that the time so fixed coincided with the time of the closing of the shop and that the shop assistant was employed merely for the purpose of serving customers who were in the shop at that time; and
- (b) in the case of an offence which is an offence only by reason of the shop assistant being also employed in some other shop, he proves that he did not know that he was employed in such other shop.
§ (2) If a shop is kept open in contravention of the provisions of this Act or of any order made thereunder, the occupier of the shop shall be guilty of an offence against this Act:
§ Provided that the occupier of a shop shall not be guilty of an offence against this Act when a customer is served at any time at which the shop is required to be closed if he proves either that the customer was in the shop before the time when the shop was required to be closed or that there was reasonable ground for believing that the article supplied to the customer was required in the case of illness.1836
§ (3) If the occupier of a shop contravenes or fails to comply with any of the other provisions of this Act or the orders made thereunder, he shall, except when the contravention, of or failure to comply with those provisions is deemed to be a nuisance, be guilty of an offence against this Act.
§ (4) Where an offence for which the occupier of a shop is liable under this Act has, in fact, been committed by some manager, agent, servant, or other person, the manager, agent, servant, or other person, shall be liable to the like penalty as if he were the occupier.
§ (5) A person guilty of an offence against this Act shall be liable to a fine not exceeding—
- (a) in the case of a first offence, one pound;
- (b) in the case of a second offence, five pounds; and
- (c) in the case of a third or subsequent offence, twenty pounds.
§ (6) If the occupier of a shop is charged with an offence against this Act, he shall be entitled, on information duly laid by him, to have any other person whom he charges as the actual offender brought before the Court at the time appointed for the hearing of the charge, and if, after the commission of the offence has been proved, the occupier proves to the satisfaction of the Court that he has used due diligence to enforce the execution of this Act, and of the orders made thereunder, and that that other person has committed the offence in question without his knowledge, consent, or connivance, that other person shall be summarily convicted of the offence, and the charge against the occupier shall be dismissed, and the person so convicted shall, in the discretion of the Court, be also liable to pay any costs incidental to the proceedings.
§ (7) Where it is made to appear to the satisfaction of a local authority at the time of discovering an offence—
- (a) that the occupier of the shop has used all due diligence to enforce the execution of this Act; and
- (b) by what person the offence has been committed; and
- (c) that it has been committed without the knowledge, consent, or connivance of the occupier, and in contravention of his orders;
§ (8) All offences under this Act shall be prosecuted, and all fines under this Act shall be recovered, in like manner as offences and fines are prosecuted and recovered under the Factory and Workshop Act, 1901, and Sections one hundred and forty-three to one hundred and forty-six of that Act, and so much of Section one hundred and forty-seven thereof as relates to evidence respecting the age of any person, shall have effect as if re-enacted in this Act, and in terms made applicable thereto:
§ Provided that—
- (a) all fines imposed in any proceedings instituted by or on behalf of a local authority in pursuance of their powers and duties under this Act shall be paid to the local authority and carried to the credit of the fund out of which the expenses incurred by the authority under this Act are defrayed:
- (b) proceedings in respect of serving customers, other than persons of the Jewish religion, in a shop allowed by this Act to be kept open on Sunday as being a shop in the occupation of a person of that religion shall not be instituted except by the local authority or an inspector on their behalf, and the local authority shall not institute any such proceedings unless satisfied that customers (other than persons of the Jewish religion) have been habitually so served on Sunday:
- (c) an inspector when reporting any contravention or non-compliance on the part of the occupier of a shop shall give notice in writing to the occupier of the acts or omissions constituting the contravention or non-compliance, and such notice shall be given not later than one month after the date on which the offence comes to the knowledge of the inspector.
§ Amendments made: In Sub-section (1), paragraph (a), leave out the words "time so fixed" ["or that the time so fixed"], and insert instead thereof the words "that time." Leave out paragraph (b).
§ In Sub-section (2), leave out the words "in contravention of the provisions of this Act or of any order made thereunder," and insert instead thereof the words "on the weekly half-holiday."1838
§ In Sub-section (3), leave out the words "except where the contravention of or failure to comply with those provisions is deemed to be a nuisance."
§ In Sub-section (4), leave out the words "this Act," and insert instead thereof the words "The Shops Regulation Acts 1892 to 1911."
§ Mr. GRETTON
I beg to move, in Subsection (5), paragraph (c), to leave out the word "twenty,' and to insert instead thereof the word "ten."
This matter was argued very strongly in Committee. I think the retention of the higher figure will only arouse hostility to the Bill, and I hope the right hon. Gentleman will accept this Amendment.
§ Question, "That the word 'twenty' stand part of the Clause," put, and negatived.
§ Word "ten" there inserted.
Leave out Subsections (6) and (7), and insert instead thereof the following Subsection,
(6) The provisions of the Shops Regulation Acts, 1892 to 1904, relating to offences and proceedings shall apply as if re-enacted in this Act and in terms made applicable thereto, and as if references to the occupier of a shop were substituted for references to the employer of a young person.
§ In Sub-section (8), leave out the words "Provided that."
§ In Sub-section (8), paragraph (a), leave out the words "this Act" ["duties under this Act"] and insert instead thereof the words "The Shops Regulation Acts, 1892 to 1911." Leave out the words "this Act" ["authority under this Act"] and insert instead thereof the words "those Acts." Leave out paragraphs (b) and (c).