Short measures of beer had been sold. One aspect of the case was the responsibility of the company, which was not the licensee, for the shortcomings of an inadequately trained bar person.
Held: The question did not really arise because of the way the justices decided the case, but the court questioned the concession made before the justices reflecting the conventional view that Goodfellow precluded any prosecution of the owners of the beer which the licensee was selling on the basis that he alone may sell beer. ‘I have been concerned whether it follows from the proposition that only a licensee may sell beer that the company which owns the premises provides the beer and employs the licensee to sell is not equally selling the beer. I have also asked myself whether the decision in Hotchin v Hindmarsh on which the Divisional Court founded in Goodfellow v Johnson and which holds that the forbidden act in this context is the parting with possession and not with title, truly negatives this possibility. If the true position were that a company in the appellant’s position is selling beer through the licensee, then the only relevant question would be under section 34 whether each had exercised due diligence in order to prevent the bar tender giving short measure.’
Judges:
Sedley J
Citations:
[1998] EWHC Admin 936, [1999] JP 163
Links:
Citing:
Explained – Goodfellow v Johnson 1966
The defendant was the manager and licensee of a public house owned by a brewery. When the premises were visited by a sampling officer the gin supplied by the barmaid was adulterated. She was the servant of the brewery, and the magistrates dismissed . .
Cited by:
Cited – Nottingham City Council v Wolverhampton and Dudley Breweries QBD 27-Nov-2003
A pub was found to have been selling beer below the advertised strength. Both licensee and the owner of the pub were prosecuted. The owner now appealed.
Held: The owner was liable. The words of the Act must be given their ordinary and natural . .
Lists of cited by and citing cases may be incomplete.
Consumer, Licensing
Updated: 27 May 2022; Ref: scu.139057
