LIQUOR CONTROL ACT 1988 - SECT 170
LIQUOR CONTROL ACT 1988 - SECT 170
170 . Evidentiary provisions as to proof of certain facts
In any proceedings for
an offence against this Act —
(a)
evidence of the delivery or supply of liquor is evidence of a sale of the
liquor;
(b)
evidence that a person has advertised, or by any other means given the
impression, that the person will sell liquor shall, in the absence of proof to
the contrary, be accepted as proof that the person has sold liquor;
(c)
where the offence alleged is a contravention of section 111, liquor shall be
deemed to have been sold or consumed on the licensed premises to which the
proceedings relate notwithstanding that it is proved that the licensee took or
carried, or employed or suffered another person to take or carry, the liquor
out of the licensed premises for the purpose of being sold or consumed at a
place in the occupation of the licensee or in a public street or other public
place;
(d)
where the offence alleged relates to the sale or consumption of liquor on any
licensed premises or unlicensed premises, it shall not be necessary for the
prosecution to prove that any money passed or any liquor was actually
consumed, if the court is satisfied that a transaction in the nature of a sale
actually took place or that any consumption of liquor was about to take place;
(da)
where a police officer purports to be authorised under section 3(6) for the
purposes of this Act, or a particular provision of this Act, that officer
shall be taken to be so authorised in the absence of proof to the contrary;
(db)
where the offence alleged is a contravention of section 100(2)(c), a person is
taken not to have been appointed in accordance with section 100(3), in the
absence of proof to the contrary;
(e)
where the offence alleged relates to the sale of liquor on any licensed
premises, proof of consumption or intended consumption of liquor on the
licensed premises, or of the taking or carrying away of liquor from the
licensed premises, by some person other than the licensee or an employee or
agent of the licensee, shall, in the absence of proof to the contrary, be
accepted as proof that the liquor was sold to that person by or on behalf of
the licensee;
(f)
where the offence alleged relates to —
(i)
anything done or omitted to be done on licensed premises;
or
(ii)
the sale or consumption of liquor on unlicensed premises,
it shall not be
necessary for the prosecution to prove that the premises are, or were at any
material time, licensed premises, or are or were at any material time
unlicensed, as may be alleged, unless at least 3 working days before the
hearing the accused puts the question in issue by written notice to that
effect served on the prosecution.
[Section 170 amended: No. 12 of 1998 s. 92; No. 84
of 2004 s. 82; No. 9 of 2018 s. 64; No. 25 of 2023 s. 21(1).]