Offences and Case Law
Published date | 01 January 1957 |
Date | 01 January 1957 |
DOI | http://doi.org/10.1177/0032258X5703000112 |
64
THE
POLICE
JOURNAL
The Superintendent ik: Hypnosis had the manbrought to his office
where he washypnotisedandall information as to his nefarious
activities extracted andrecorded.
Dawn was now floodingthe westernsky of thestill sleeping city as
the Constable Techniciansswitched off theirscanning-screensand
recalled the patrol dogs fromall cornersof Nairobi. Andso another
night came toan end. As TechnicianConstable Pim drew in the clean,
sweet morning air hegave a thought tothe prowlerof the night.He
knew that he would go to aspecial rehabilitation centre where he
would emerge a goodcitizen ready
to
take hisplacein 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 orsupply to,or consumption by, any personof intoxi-
cating liquor in any licensed premiseswhere he is residing;
(c) the supply of intoxicating liquor for consumption on licensed
premises toany privatefriends of theholder ofthe licence bona
fide entertained by him at hisown 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 orsupply of intoxicating liquor outside permitted hours is
alleged, the mostcommon explanation raised bya licensee is that the
persons suppliedwere either his privatefriends or guestsor resident on
the premises atthe time.
As farbackas1879 in thecase ofCorbet v. Haigh, 5C.P.D. 50, a
dinner was givenby a gentleman at alicensed 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 athis expense,
and they thereupon stayedforsome time after theclosing hour.On
an information laid againstseveral ofthepartyforbeing found on
the premises during the time during whichthepremises were required
to be closed,themagistratesconvicted onthe ground thatthe licensee
could notso convertthe defendants, who were previously theexclusive
guests andfriendsofhis own,withinthemeaningof the Licensing
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