A QUESTION OF AGE.

Northern Advocate, 25 September 1919, Page 2

A QUESTION OF AGE.

WHERE A PUBLICAN STANDS.

In the course of his judgment in ■lie case on Tuesday last where a Wha- __ nyarei publican was prosecuted for the sale of alcoholic liquor to a native under age, the Magistrate, Mr F. H, Le\ien, gave a very interesting interpre-' ta lion of the law. He pointed out, inter alia, that with regard to the supply of liquor there were two points to be considered: (1) Did the licensee supply the liquor, or (2) did he allow il to be supplied? If a man were charged with the supplying of liquor it Fbuld be necessary to show that he had knowledge of the supply or had . onnived at it. But when it came to ''allowing to be supplied" then it was held that the supply of liquor was. within the general scope of the barman's duty and the licensee was therefore responsible for the actions of his servant. Another point raised was with regard to the "apparent age" of a customer, l i a licensee or barman had reason to think that a customer was apparently under the age of 21 and. he made enquiry of the boy and served him, that licensee or barman was liable to a conviction if it were proved that the person served was under age. That showed that the licensee had doubt. The thought was put up in Ms mind that the customer was.not "apparently" 21 years of age. What then is the course 1 ? Mr Levien pointed out that if a customer _| ia me in who was "apparently under the age of 21" the licensee or his barman might ask him his age. If not satisfied with the reply he could ask for the productionjof a birth certificate. If with the production of the birth certificate the licensee was not satisfied he could ask for evidence of identity to connect the customer with the certificate. That, the Magistrate pointed out, was an extreme case, but if a licensee had any doubt it had better be on the other (safe) side. In entering a cohyietion his Worship pointed out that it was the first case of the kind which had been tried for some time and the' law upon the point had become somewhat rusty with publicans. His remarks were made so that all licensees might understand that in such cases the onus of proof was upon them. These are not the actual words used by his Worship, but they convey the sense "of his ruling.