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 meaning. There was no distinct rule just because the food sold was also alcohol. Section 14 had to apply to all foods, and a separate regime for licensed and non-licensed sales would be inappropriate.
Judges:
Lord Justice Kennedy Mr Justice Royce
Citations:
[2003] EWHC 2847 (Admin), Times 03-Dec-2003
Links:
Statutes:
Citing:
Distinguished – 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 – Coppen v Moore (No 2) 1898
Section 2(2) of the 1887 Act made it an offence to sell or expose for sale goods to which a forged trade mark or false description was applied unless the alleged offender could prove what amounted to due diligence. Salesmen at one of the appellant’s . .
Cited – Williamson v Norris CA 1899
A barman sold beer at a bar in House of Commons run by the Kitchen Committee. There was no licence. He was convicted of an offence under section 3 of the which provided ‘No person shall sell . . any intoxicating liquor without being duly licensed to . .
Cited – Mellor v Lydiate 1914
The appellant brewers owned a public house, whose licencee was their manager. He supplied beer to the respondent, and the appellants were then convicted under the section which, provided that a person ‘shall not sell . . any intoxicating liquor . .
Cited – Holt Brewery Co Ltd v Thompson 1920
The appellants owned a public house from where their licensed manager sold spirits at an excess price. They contended that as they were not the licensees there was not sale by them, but, Lord Reading CJ said: ‘The language of the Order contains . .
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 – Bellerby v Carle HL 1983
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 . .
Cited – Allied Domecq Leisure Limited v Cooper (West Yorkshire Trading Standard Service) Admn 9-Oct-1998
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 . .
Lists of cited by and citing cases may be incomplete.
Consumer, Crime
Updated: 08 June 2022; Ref: scu.188277
