Businessman breaks ice-cream selling curfew but insists it was `strawberry ice’

A case against a Stirling refreshment room keeper, charged with breaching wartime regulations, hinged on the question: `what is ice cream?’

Filippa Jacovelli, 16 Murray Place, denied a contravention of the early closing of shops regulations.

It was one of a raft of restrictions that were part of the Defence of the Realm Act which gave the Government powers to introduce curbs in many areas of life including shop, cafe and pub opening times.

Mr Jacovelli was said to have fallen foul of the regulations by selling ice cream after 8pm on August 3, 1917, but his lawyer, Mr Milne, from Glasgow, insisted the substance sold was not ice cream but“strawberry ice”.

Mr Milne said the latter comprised preserved strawberries, sugar or sweetening material and water, and was, as such, a “refreshment”which Mr Jacovelli was entitled to sell after 8pm.

Miner John Ferrie (22), 5 Park Lane, told the court how, between 8pm and 9pm, on the date the offence was said to have been committed, he and two companions went to the refreshment rooms and ordered three ices.

The server said she had no ice cream but could given them “strawberry ices”.

It cost two pence a glass and was , said Mr Ferrie,“rougher than ice cream”and did not melt in the mouth like the real thing. He spat some of it out as he did not like it.

Mr Ferrie’s pal, miner Neil McGill (24), 13 Glencoe Road, Stirling, did not like what was served to them. It was“too strongly flavoured with fruit”and not his idea of ice cream.

Mr Jacovelli then went into the witness box and there was laughter when he told the court ice cream could be made with any kind of fruit – even onions.

The ingredients of ice cream were cream, sugar eggs and milk but there was no cream or eggs in strawberry ice and only a little sweetening.

The fiscal accused Mr Jacovelli of concocting something“to get round the Order”but he said that both in colour and taste, ice cream was different to strawberry ice.

Addressing the sheriff, the fiscal said the customers had been supplied with something which was not a refreshment but a “sweet”, the sale of which was prohibited after 8pm.

It did not come within the exceptions to the Order permitting the supply of meals or refreshments for consumption on the premises after closing hour.

To all intents and purposes , ice cream was served and ice cream was not a refreshment but a sweet, sale of which was prohibited after 8pm.

After considering the arguments, Sheriff Moffat decided that what was served did not fall within the exceptions allowed by the act and found Mr Jacovelli guilty but said that as it was a test case he would limit the fine to five shillings.