Police court life

At the Borough Police Court, May Evelyn Whittaker, The Spa Chalet, cafe proprietress, was summoned for failing to close her shop, 14 and 15, Foreshore Road, for the serving of customers after eight o’clock on the 2nd August.

The case was brought in consequence of ice-cream being sold after eight o’clock at night. Meals and refreshments could be served after eight, but not such things as sweets and chocolate, and it was also set down that ice-cream could not be sold after eight. Defendant’s plea was that this was a cafe for refreshments. She said she was selling an ice-cream substitute containing neither sugar nor milk and none of the ingredients in the substitute was controlled. This, added the Chief Constable, was the only person in Scarborough who had raised the contention that she could sell something which was called ice-cream and serve it to customers who asked for ice-cream, yet which was not ice-cream, but a substitute. He (Mr Windsor) submitted that it was ice-cream within the meaning of the order.

Mr J Whitfield, for the defence, said that Mrs Whittaker believed she was perfectly entitled to sell ices. She was entitled to sell certain refreshments up to ten o’clock at night and believed she could sell this ice-cream substitute. She was prepared, however, to leave the matter to the bench and would abide by their decision. The Mayor said the bench felt that the term ice-cream should cover anything that came under the trade description. Seeing defendant’s willingness strictly to observe the order in future the bench would inflict the nominal penalty of 5s.