A LICENSEE’S LIABILITY.

Gisborne Times, Volume XXXIX, Issue 3873, 9 March 1915, Page 6

A LICENSEE’S LIABILITY.

INTER ESTING AVELLIXGTOX CASE. (Press Association Telegram.? WELLINGTON. March 8. “Can a licensee be punished for permitting drunkenness upon his premises when be was unaware that such drunkenness existed?” This was a question put to Mr. Cooper, S..AL, in the Magistrate’s Court some time ago, when Christopher Jansen, licensee of the AVellington Hotel, was proceeded against for allowing drunkenness upon his premises. Defendant had on that occasion pleaded not guilty and, after hearing the evidence. His AVorslnp dismissed the information on the grounds that there was no evidence given on behalf of the informant that respondent, while absent from the premises, had delegated his authority as licensee to a barman that, haying no knowledge that a drunken man was on the premises, lie could not, in law, lie convicted of permitting drunkenness thereon and that bo was not responsible for the wrongful act of a barman. The police appealed against the Magistrate’s decision and Mr Justice Chapman, in his judgment, referring to the grounds of dismissal, said he could hot accede to them as a proposition of law. Evidence of delegation of authority was never given and would seldom lie procurable. The delegation would be inferred from the facts. It was enough to show that a barman was there and, presumably, was placed there as a barman by the licensee. The appeal was allowed and the case was remitted to the Magistrate. ... ■ The case came Lip again to-day in the Magistrate’s Court. Inspector Hendry did not press for a penalty, only foh conviction. ’There was, he said, no question of blame as far as Jansen was personally concerned. He kept his'house very well. 'The Magistrate concurred that it was rather hard on Jansen, who had been practically blameless in the matter. He would enter a conviction, but, in the circumstances he would impose a nominal penalty of 20s.