HC Deb 11 February 1913 vol 48 cc910-4

(1) The provisions of Section one of the Shops Act, 1912, shall not apply to shop assistants employed in any premises for the sale of refreshments, whether licensed for the sale of intoxicating liquor or not, if their employment is wholly or mainly in connection with the sale of intoxicating liquors or refreshments for consumption on the premises, and if the occupier of the premises, and majority of the assistants employed thereon, by such a notice as is hereinafter mentioned, signify that they elect that instead of those provisions the following provisions shall apply: Provided that no assistant shall be employed for more than sixty-five hours in any week exclusive of meal times:—

(a) Provision shall be made for securing to every such assistant one day's rest in seven, made up as follows:

  1. (i) forty whole holidays on a week day in every year, of which at least two shall be given within the currency of each month;
  2. (ii) twenty-six whole holidays on Sunday in every year, so distributed that at least one out of every three consecutive Sundays shall be a whole holiday:

Provided that two half-holidays on a week day shall be deemed equivalent to one whole holiday on a week day:

(b) Intervals for meals shall be allowed to every such assistant amounting on a half-holiday to not less than one hour, and on every other day to not less than two hours, and no assistant shall be employed for more than six hours without being allowed an interval of at least thirty minutes:

Provided that this provision shall not apply if the only persons employed as such shop assistants are members of the family of the occupier of the premises maintained by him and dwelling in his house, nor to an assistant on any day on which his employment commences not earlier than nine in the morning and terminates not later than three in the afternoon if an interval of three-quarters of an hour is allowed between those hours:

(c) The occupier shall affix and constantly maintain in a conspicuous position in the premises a notice in the prescribed form referring to the provisions of this Section, and stating the steps taken with a view to compliance therewith.

(2) Where the occupier of any premises, and such majority of assistants aforesaid, have signified as aforesaid that they elect that the foregoing provisions shall apply, and any of those provisions are not complied with, the occupier of the premises shall be guilty of an offence against the Shops Act, 1912, and shall be liable to a fine not exceeding—

  1. (a) in the case of a first offence, one pound;
  2. (b) in the case of a second offence, five pounds; and
  3. (c) in the case of a third or subsequent offence, ten pounds.

(3) For the purposes of this Section the expression "half-holiday" means a-day on which the employment of an assistant ceases not later than three o'clock in the afternoon and on which he is not employed for more than six hours including mealtime.

Amendments made:

In Sub-section (1) leave out the words "and majority of the assistants employed thereon."

Leave out the words "signify that they elect," and insert instead thereof the words "signifies that he elects."

Leave out the words "Provided that."

After the word "no" ["no assistant shall be employed"] insert the word "such."

In Sub-section (1) paragraph (a) leave out the words "one day's rest in seven made up as follows."

Leave out the word "forty" ["forty whole holidays on a week-day in every year"] and insert instead thereof the words "thirty-two."—[Sir W. Bull.]

Mr. JAMES MASON

I beg to move to leave out the words "of which at least two shall be given within the currency of each month."

2.0 A.M.

The Amendment raises a very short point, but one which deeply interests a good many of my Constituents and which I have undertaken on their behalf. The House will notice that these words I propose to leave out put upon keepers of all establishments of the kind with which the Bill deals, the obligation that two at least of these holidays shall be within the currency of the month. There are in towns, such as Eton, a considerable number of shops which in common with other shops in educational centres, cater for the confectionery feeding of young gentlemen who frequent these shops. Many of these shops are extremely busy during the term, but during the holidays they have very little business, and are ready to give considerable holidays to their assistants. They think it reasonable, therefore, that the Bill should be modified in the direction I suggest. It is a small concession which these people demand, but it is one of very material importance to them.

Mr. BOOTH

I beg to second the Amendment.

The UNDER-SECRETARY of STATE for the HOME DEPARTMENT (Mr. Ellis Griffith)

I thoroughly realise the point the hon. Gentleman has put before the House. Of course a Bill of this kind might in some cases accidently inflict a hardship, but I think the hon. Member, if he considers it, will see that his Amendment ought not to be inserted in the Bill. We think it a great safeguard that two holidays should be given during currency of each month, otherwise if a man was engaged for six months he might not have a holiday at all. I would remind the hon. Member that unless the Bill is an agreed Bill it cannot pass.

Sir W. BULL

I should also like to appeal to the hon. Member to withdraw his Amendment. It really only affects a very small class. If the Amendment is made it will, however, affect a great many other classes. After lengthy consideration this is really an agreed Bill.

Mr. J. MASON

In response to the appeal which has been made, I do not desire to wreck the Bill, and I therefore ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Further Amendments made: At end of paragraph (a) (1), insert the words "and which shall comprise a holiday on full pay of not less than six consecutive days."

In paragraph (b), leave out the word "one" ["not less than one hour"], and insert instead thereof the words "three-quarters of an."

Leave out the words "thirty minutes," and insert instead thereof the words "half an hour."

Leave out the words "nor to an assistant on any day on which his employment commences not earlier than nine in the morning and terminates not later than three in the afternoon if an interval of three-quarters of an hour is allowed between those hours."

In Sub-section (2), leave out the words, "and such majority of assistants aforesaid, have signified."

Leave out the words, "they elect," and insert instead thereof the words "he elects."

At end of the Clause add the following Sub-sections:—

"(4) A notice under this Section may be withdrawn by the occupier of the shop at the expiration of a year from the date when it was given, and thereafter at the expiration of any succeeding year, and upon any such withdrawal Section one of the Shops Act, 1912, shall apply to the shop in like manner as before the notice was given.

"(5) The Shops Act, 1912, as amended by this Act, shall, in its application to any premises in respect to which a notice under this Section is in force, have effect as though the definition of 'shop assistant' included all persons wholly or mainly employed in any capacity at the premises in connection with the business there carried on."—[Sir W. Bull.]