Att. Gen v Le Monnier [1976] JJ 365 (22 March 1976)

A licensee's generally satisfactory system of control may be a defence of making 'reasonable enquiry', but such enquiry must be specific to the circumstances at the time of the alleged offence.

Citation: [1976] JJ 365
Parties: Applicant: Attorney General; Respondent: Le Monnier
Jurisdiction: Jersey
Judgment Date: 22 March 1976
Procedural Posture: Criminal / Trial
Outcome: clarification of legal standard
Legal Topics: Intoxicating Liquor, Minors, Reasonable Enquiry, Defence

Criminal Law Licensing Law Intoxicating Liquor Minors Reasonable Enquiry Defence

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Parties

Attorney General

Applicant

Le Monnier

Respondent

Procedural Posture

Criminal / Trial

Legal Issues

1 Whether a licensee's generally satisfactory system of control constitutes a defence of making 'reasonable enquiry' under Licensing (Jersey) Law 1974, art. 13(9)
2 Whether 'reasonable enquiry' must relate to circumstances prevailing at the time of the offence

Ratio Decidendi

A licensee's generally satisfactory system of control may be a defence of making 'reasonable enquiry', but such enquiry must be specific to the circumstances at the time of the alleged offence.

Court Disposition

clarification of legal standard