Where magistrates of a burgh were by statute authorised to make bye-laws in regard to the opening and closing of a certain class of shop, to wit, ice-cream and aerated water shops, ‘the hours for business not being more restricted than fifteen hours daily,’ held that a duly confirmed bye-law whereby keeping open save between 7 a.m. and 10 p.m. was prohibited was not ultra vires or unreasonable, and that an action brought to reduce the bye-law on averments to the effect that little or no business being in practice possible in such shops before 9 a.m., by fixing the opening hour at 7 a.m. fifteen hours ‘for business’ were not given, was irrelevant.
Judges:
Lord Chancellor ( Loreburn), Lord Ashbourne, Lord Macnaghten, Lord James of Hereford, Lord Robertson, Lord Atkinson, and Lord Collins
Citations:
[1907] UKHL 366, 44 SLR 366
Links:
Jurisdiction:
England and Wales
Magistrates
Updated: 27 April 2022; Ref: scu.622281
