No. 6 of 1917.
G. B. HADDON-SwITHn,
24th March, 1917.
AN ORDINANCE to provide for the closing of Shops
and limiting the hours of work of shop assistants
[ 21st April, 1917.
BE it enacted by the Governor, with the advice and
consent of the Legislative Council of Saint Lucia,
as follows :-
1. This Ordinance may be cited as
the Shops Closing
z SEP '
- P I
Shops in Castries
Town area to
4 p.m. & 7 a.m.
2. In this Ordinance, unless the context otherwise
(a) Closed" means not open for the serving of
(b) Licensing Authority" means the person or
authority appointed for the time being by the
Governor to license premises for the sale by
retail of groceries or other goods within any
(c) Occupier" includes owner, attorney, manager
or other person acting for any such person;
(d) "Sell" includes supply, exchange, barter,
deliver, give, or otherwise dispose of;
(e) "Shop" means any building or portion of a
building, booth, stall or place where goods,
wares, or merchandise of any kind are exposed
or offered for sale, but not where the only
trade or business is that of a tobacconist,
newsagent, hotel, inn, tavern, victualling house
or re,'r:--hiueut house, bakery, drug or medicine
shop, ice-shop, shops for the sale of bread, cakes
(including sugar cakes), fresh milk, eggs, fresh
vegetables and fruits, shops or stalls for the
sale of butcher's meat or fresh fish, shops for
repairing or manufacturing any article, nor
any club, Military, Volunteer or Police canteen,
n;r any premises wherein, under licence
under any law, spirituous or fermented or
other liquors are sold by retail, nor any shop or
premises exempted under the provisions of this
Ordinance as hereinafter provided.
Closing hours in the Castries Town area.
3. Every shop within the limits of the Town of
Castries as defined by the Castries Ordinance, 1888,
and within one half of a mile of the said limits shall
(if not otherwise required by the provisions of this
Ordinance or any law to be closed) be closed between
the hours of four of the clock in the afternoon and
seven of the clock in the morning of the next following
day on which such shop is nototherwise required to be
closed by law, except on public half holidays, when
the closing hour shall not be later than one of the
clock in the afternoon and on Saturdays, or the days
preceding whole public holidays, when the closing
hour shall be not later than five of the clock in the
Regulation of Shop Closing by Order in Council.
4. The Governor in Council may, by order pub-
lished in the Gazette, require that during the whole or
any part or parts of the year, all or any class or classes
of shops within any specified area in the Colony shall
be closed, and remain closed on each or any day of the
week at and during any time or hours stated in such
Order in Council.
5. The Governor in Council may also by a like
Order in Council, exempt any class of shops from the
provisions of this Ordinance as to closing, subject to
such conditions, if any, as may be prescribed in such
6. The Governor in Council may, before making any
such Order, give public notice in such manner and
form as he may prescribe, of the intention to make
such order, specifying therein a period (not less than
four weeks from publication in the Gazette or some
other periodical) within which objections may be
made to the making of the proposed Order and, if after
taking into consideration any objections made, the
Governor in Council is satisfied that it is expedient to
make such Order, he may make the Order.
7. It shall not be necessary for the Governor in
Council when advertising his intention to make any
such Order to annex to the notice a copy of the Order,
if in the body of the notice there be inserted particulars
of the area within which and of the trade or trades to
which the Order will apply. and of the proposed days
and hours of closing; and the prescribed Forms of
notice may be modified accordingly.
8. Every such Order in Council shall, on being
approved by the Legislative Council, have the same
force and effect as an Ordinance, and shall come into
operation on publication in the Gazette, or on such other
day as may be prescribed in such Order in Council.
Power of Gov-
ernor in Council
to make closing
Power of Gov-
ernor in Council
to exempt shops.
Public notice of
make Order in
Notice of partic-
ulars when Order
in Council not
Order in Council
[ No. 6.
1Shops l .
Power of Disal-
lowance of Order
in Council by
not affected by
provision as to
shops licensed to
sell by retail.
site of shop.
Hours of closing
refusal to license
or against revo.
nation o licence.
9. Any such Order in Council may be disallowed by
Hlis Majesty in the same manner and with the same
consequences as in the case of an Ordinance.
Closing of Shops with several trades.
10. Where several trades and businesses are carried
on in the same shop and any of those trades or
businesses are of such a nature that if they were the
only trades or businesses carried on in the shop, they
would come within one or other of the exemptions
mentioned in this Ordinance, or in any Order in
Council made thereunder, the shop may, except as in
this Ordinance or otherwise provided, be kept open
before and after the hours specified in this Ordinance
or in any such Order in Council, but for the purposes
only of any such exempted trade or business.
11. The Licensing Authority may grant to any
person lie considers fit, upon application in writing for
the purpose, a licence, as required by section two, to sell
within the area for which such authority was appoint-
ed, groceries or other goods by retail.
12. Such application shall state the building, or part
thereof in which it is intended to sell such groceries or
other goods by retail.
13. Under any such licence groceries, or any other
kind or class of goods therein mentioned, may be sold
by retail subject to the conditions therein stated in the
premises licensed thereby, between the hours ot seven
of the clock in the morning and of seven of the clock
in the evening, except on Saturdays, or the days
preceding whole public holidays during which' such
shops have to be closed, when the closing hour shall
be not later than nine of the clock in the evening.
14. The Licensing Authority may, at any time, by
notice in writing, revoke any such licence, as from a
date to be specified in such notice, not being less than
seven days from delivery of such notice.
15. If on any application for any such licence, the
Licensing Authority refuses the licence, or if the
Licensing Authority revokes any such licence, the
1917.] ShopS Closing.
Licensing Authority shall, if required in writing by
the applicant, certify in writing the grounds on which
he refused the licence, or annexed conditions to the
grant thereof, or revoked the licence, as the case may
be, and shall deliver the certific-ate to the applicant,
who may thereupon, within seven days from the time
of the delivery thereof, transmit the same to the
.Governor, together with an application praying that
the licence may be granted, notwithstanding such
refusal, or that the notice of revocation be withdrawn.
But no revocation applied against shall have any effect
pending the decision of the Governor in Council.
16. The Governor in Council may, on consideration
of such application and certificate, direct the Licensing
Authority to grant the licence prayed for, or to with-
draw the notice of revocation thereof, either absolutely,
or with such conditions as may be deemed expedient.
17. In determining whether any such licence is
to be granted or revoked the following matters shall
be taken into consideration, that is to say, the number
of shops, including exempted shops, belonging to the
applicant within the area in which it is intended to
keep the shop, for which the application to license as
an exempted shop is made, and the size of such shop,
which must be only just large enough to allow of its
being efficiently served by only one person selling.
Council as to
or revocation of
18. There shall be allowed as meal times to every Meal hours of
person employed in any such licensed shop, not less iensehop s
than one hour for the noonday meal on each day, and
to every person so employed on any day to any hour
later than five of the clock in the evening, not less
than thirty minutes for another or evening meal,
between five and six o'clock in the evening.
19. Nothing in this Ordinance shall render unlawful
the continuance in a shop after the hour appointed
for the closing thereof, of any customers who were
bona fide in the shop immediately before that hour, or
the ser\vin of such customers during their continuance
therein, which must not be longer than is absolutely
necessary for the purpose.
'L.i. i" custo-
mers in shops at
cines, drugs, or
20. A pharmaceutical chemist or druggist shall not,
nor shall any occupier of, or person employed in or
about a shop, be liable to any penalty or punishment
under this Ordinance or any Order in Council made
thereunder, for selling medicines, drugs or medical
appliances after the hour appointed by this Ordinance
or by such Order for the closing of shops; but nothing
in this section shall authorize any person to keep open
shop after that hour.
Selling to 21. Nothing in this Ordinance or in any such Order
plosgeTrs, sand in Council shall render the occupier of any premises
sale of articles liable thereunder to any penalty or punishment for
for sickness or
death, and sale.selling any article to any person lodging in such pre-
of stamps or ice. mises, or for selling any article required for immediate
use by reason of any emergency arising from sickness,
ailment or death of any person or animal, or for
selling any postage stamps, or ice, or for selling any
article to any person for use on or in or about or with
respect to any ship, or for use by or with respect to
any person employed or engaged on or being a
passenger on or by any such ship; but nothing in this
section shall authorize any person to keep open shop
after the hour appointed by the Ordinance or by such
Order in Council for the closing of shops.
ment of assis-
22. Save as provided in this Ordinance, or any such
Order in Council, no clerk, shop-assistant or employee,
shall be employed in any shop after the closing hour,
or during any public half, or whole, holiday, except
for receiving (but not for opening) imported goods or
delivering goods for export, or for any mere writing,
or other work, indispensably necessary, owing to the
arrival or departure, of any ship after the closing hour,
or for annual stock taking, which must not, however,
be for any period longer than is absolutely necessary
for the purpose in each case; but nothing in this
section shall authorise any person to keep open shop
during the closing hours.
Penalties and Procedure.
23. The occupier of any shop, who acts in contra-
vention of the provisions of this Ordinance, or of any
Order in Council made thereunder, is liable, on
summary conviction, for a first offence, to a penalty
not exceeding Five pounds, for a second offence to a
penalty not exceeding Ten pounds and for every subse-
quent offence to a penalty not exceeding Twenty
24. The occupier of a shop shall be held liable
for the breach of any of the provisions of this
Ordinance, or of any Order in Council made thereunder,
by any member of his family or by any person employ-
ed by him or over whom he has control, or for whom
he is responsible, or who acts for him or on his behalf.
25. Where an offence for which the occupier of a
shop is liable under this Ordinance, or any such Order
in Council, to any fine, penalty or punishment has in
fact been committed by some agent or servant of,
employee or other person acting for, such occupier, such
agent or servant, employee or other person shall be
liable to the same fine, penalty or punishment, as if
he were the occupier.
26. Where the occupier of a shop is charged with an
offence against this Ordinance, or any such Order in
Council, he shall be entitled, upon information duly
laid by him, to have any other person whom lie charges
as the actual il'ul.'- brought before the Court at the
time appointed for hearing the charge: and if, after the
commission of the offence has been proved, the said
occupier proves to the satisfaction of the Court, that he
has used due diligence to enforce the execution of
the provisions of the law, and that the said other
person committed the offence in question without his
knowledge, consent or connivance, or wilful neglect or
default, the said occupier shall be exempt from any
fine, penalty or punishment; but the said other person
may thereupon be summarily convicted of such offence,
and shall be liable to the same fine, penalty or punish-
ment therefore as if he were the occupier.
Liability of oc-
Liability of ser-
vants agents and
Power of occu-
pier to exempt
himself on con-
viction of actual
27. It shall be sufficient to allege that a shop is a Allegation as to
shop within the meaning of this Ordinance, or any "Shop.
Order in Council thereunder, without more.
28. It shall be sufficient to state the name of the
ostensible occupier, or the title of the firm by which
the employer employing persons in the shop is invari-
ably or generally known.
names in pro-
[ No. 6.
Onus of proof
on defendant or
Want of form
not to quash.
29. In any proceedings under this Ordinance, or
any Order in Council made thereunder, the onus of
proving that any shop opened after the closing hours
was an exempted shop, or was lawfully so opened after
the closing hours, shall be on the defendant, or person
alleging the same.
30. A conviction or order made for the contravention
of the provisions of this Ordinance, or of any Order in
Council made thereunder, shall not be quashed for
want of form.
31. Thi% Ordinance shall come into force on the
first day of June, 1917.
Passed the Legislative Council this 15th day of Iaro,.h.
B. P. E. BULSTRODE,
Clerk of Councils.
PRINTED BY THE GOVERNMENT PRINTER, AT THE GOVERNMENT PRINTING
OFFICE, CASTRIES, ST. LUCIA.