Rex v Ruben [1915] ZATPD 97 (7 December 1915)

Shop hours.-Ord. 11 of 1914, sec. 4 (1).-Keeping dairy.-Shop open after hours.-Defence that it was a refreshment shop No licence.

An occupier of a dairy shop, on being charged with contravening sec. 4 (1) of Ord. 11 of 1'914, in that he sold bread on a certain day after the closing
hours, set up the defence that he kept a refreshment shop. The magistrate, in convicting him, stated that the accused had admitted that he had no refreshment
shop licence, or a licence to sell bread after hours. Held, on appeal (DE VILLIERS, J.P., diss.), that as the evidence of the accused that he kept a refreshment shop was apparently uncontradicted, and as the magistrate did not find as a fact that he had no such shop, that the conviction should be set aside.