Offences and Case Law

DOI10.1177/0032258X5703000112
Publication Date01 January 1957
Date01 January 1957
SubjectArticle
64
THE
POLICE
JOURNAL
The Superintendent ik: Hypnosis had the man brought to his office
where he was hypnotised and all information as to his nefarious
activities extracted and recorded.
Dawn was now flooding the western sky of the still sleeping city as
the Constable Technicians switched off their scanning-screens and
recalled the patrol dogs from all corners of Nairobi. And so another
night came to an end. As Technician Constable Pim drew in the clean,
sweet morning air he gave a thought to the prowler of the night. He
knew that he would go to a special rehabilitation centre where he
would emerge a good citizen ready
to
take his place in achieving
Utopia through automation.
Offences and Case Law
By
ABOROUGH
CHIEF
CLERK
XVII
I.-PROHIBITION
OF SALE AND CONSUMPTION OF LIQUOR EXCEPT
DURING PERMITTED
HOURS.
SECTION 100 LICENSING
ACT
1953.
(2) Nothing shall prohibit or
restrict:-
(a) the sale or supply to, or consumption by, any person of intoxi-
cating liquor in any licensed premises where he is residing;
(c) the supply of intoxicating liquor for consumption on licensed
premises to any private friends of the holder of the licence bona
fide entertained by him at his own expense, or the consumption
of intoxicating liquor by persons so supplied.
"Where he is residing"
As any police officer of experience will agree whenever an offence
of sale or supply of intoxicating liquor outside permitted hours is
alleged, the most common explanation raised by a licensee is that the
persons supplied were either his private friends or guests or resident on
the premises at the time.
As far back as 1879 in the case of Corbet v. Haigh, 5C.P.D. 50, a
dinner was given by a gentleman at a licensed tavern, one of the party
being the licensee. At the time for closing the premises the licensee
invited the party to stay and drink two bottles
of
claret at his expense,
and they thereupon stayed for some time after the closing hour. On
an information laid against several of the party for being found on
the premises during the time during which the premises were required
to be closed, the magistrates convicted on the ground that the licensee
could not so convert the defendants, who were previously the exclusive
guests and friends of his own, within the meaning of the Licensing

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