HC Deb 10 June 1912 vol 39 cc513-4
29. Mr. BURGOYNE

asked the Secretary of State for the Home Department whether waiters employed in bonâ-fide hotels, as distinct from restaurants or public-houses, come within the definition of shop assistants?

The SECRETARY of STATE for the HOME DEPARTMENT (Mr. McKenna)

Retail trade is expressly defined in the Act as including the sale of refreshments or intoxicating liquors, and waiters wholly or mainly employed in serving customers with refreshments or liquor, whether in a restaurant or in a hotel, would, in my opinion, come within the definition of shop assistant in the Act.

Mr. ALBERT SMITH

Can the right hon. Gentleman say whether a temperance hotel where nothing but food is sold comes within the Act?

Mr. McKENNA

The same reply as that which I have just given applies to that case also. They would be engaged in the sale of refreshments.

Mr. CASSEL

Has the right hon. Gentleman given consideration to an amendment of the Act in that respect?

Mr. McKENNA

Yes. I have frequently answered questions on that point. An amending Bill is going to be introduced by an hon. Member.

Mr. A. SMITH

Can the right hon. Gentleman say what constitutes a sale, and would a resident going to his hotel for lunch, which is an extra charge, commit the hotel to a sale under the Act?

Mr. McKENNA

Those are difficult points which I have no power to construe.

Mr. CASSEL

Will facilities be given for the hon. Member's Bill which he says will be introduced?

Mr. McKENNA

I have frequently answered questions on this point, and I would refer the hon. Member to the answers I have already given.

30. Mr. BURGOYNE

asked whether peripatetic vendors of newspapers were permitted to pursue their calling during such time as newsagents and stationers might agree to close their shops?

Mr. McKENNA

Yes, Sir, the sale of newspapers is expressly exempted from the provisions of Section 9 of the Act which prohibit a retail business being carried on in the streets or any other place which is not a shop at times when it would be unlawful to keep a shop open for that business. I may point out, however, that the sale of newspapers in shops is exempted from the half-holiday provisions of the Act, and can only be brought under those provisions if two-thirds of the shops affected are in favour.