A LICENSING CASE

Southland Times, Issue 17657, 15 February 1916, Page 6

A LICENSING CASE

RESPONSIBILITY OF LICENSEES. (Per United Press Association.) DUNEDIN, February 14. . Mr Bartholomew, S.M., gave his reserved decision on the point raised by the police during the hearing of charges alleging the supply of liquor to a person apparently under 21. as to whether a publican is not responsible for the acts of a barman, though the latter act contrary to instructions, even if lie (the publican) is present in the house and is oxcrcing general control over the business.

Mr Bartholomew said that in his opinion the charge against a licensee for supplying was a personal act of the licensee or his delegates. The defendant had given express instructions to his servants not to supply liquor to persons under age. If a licensee's authority was not delegated he only was liable for the supply which he allows. There must be knowledge or connivance on his part. In the present case the defendant was engaged in the active conduct of bis business, and could not he held to have delegated his authority to the barman. The case against the licensee was dismissed.