Beer measuring instruments dispensed smaller quantities than permitted by law. The joint licensees were not permitted to interfere with the measuring instruments, so it was held that they did not have such possession of them as would give rise to liability under section 16(1) of the Act. Referring to Sopp and Goodfellow, ‘I do not, as at present advised, see any reason to doubt the correctness of these two decisions. They establish the proposition that, where a licensee of licensed premises, who is alone permitted under the Licensing Acts to handle and hand over intoxicating liquor to a customer at such premises, chooses to perform those acts through the agency of another person, such as a barmaid employed by the same company or other organisation as he is employed by, he is under the same criminal liability for such other person’s acts as he would be if he had performed them himself.’
Judges:
Lord Brandon
Citations:
[1983] 2 AC 101
Statutes:
Weights and Measures Act 1963 16(1)
Jurisdiction:
England and Wales
Citing:
Cited – 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 – Sopp v Long 1970
A short measure was sold by the local manageress and the non-resident licensee was prosecuted for contravening section 24(1).
Held: It was agreed that only the licensee could sell through his servant the barmaid. On his behalf it was . .
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.
Licensing, Consumer
Updated: 29 April 2022; Ref: scu.188667
