LIQUOR CONTROL ACT 1988 - SECT 165
LIQUOR CONTROL ACT 1988 - SECT 165
165 . Licensee liable for act of employee etc.
(1) Where, in
contravention of this Act, an employee or agent of the licensee, or a person
acting, or purporting to act, on behalf of the licensee, commits an offence
for which the licensee would have been liable had it been committed by the
licensee on the premises to which a licence or permit relates, the licensee
shall be deemed also to have committed an offence and is liable to the same
penalty as is prescribed for the principal offence.
(2) A licensee may be
proceeded against and convicted under subsection (1) notwithstanding that the
employee or agent has not been proceeded against or has not been convicted
under this Act.
(3) It shall not be a
defence to a charge of an offence against subsection (1) to show that the
licensee did not know, or could not reasonably have been aware of or have
prevented the offence committed by the employee or agent, or had taken
reasonable steps to prevent the commission of that offence.
(4) In this section
—
employee , of the licensee, includes —
(a) a
person engaged under a contract for services by the licensee; and
(b) a
person holding a crowd controller’s licence who is employed by a crowd
control agent engaged under a contract for services by the licensee or
occupier or a manager of the premises to which a licence or permit relates to
supply the services of crowd controllers at those premises.
[Section 165 amended: No. 84 of 2004 s. 80; No. 73
of 2006 s. 99.]