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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.]