Director of Public Prosecutions v Smylie [2012] NICA 45 (17 October 2012)

Director of Public Prosecutions v Smylie [2012] NICA 45 (17 October 2012)

The offence of permitting consumption of intoxicating liquor outside permitted hours under Article 41(1)(a)(ii) of the Licensing (Northern Ireland) Order 1996 can be committed by any person, including a manager or employee in charge of the premises, not only the licence holder.

Citation
[2012] NICA 45
Parties
Complainant/appellant: Director of Public Prosecutions; Defendant/respondent: Jonathon Smylie
Jurisdiction
Northern Ireland
Judgment Date
17 October 2012
Procedural Posture
Appeal by Way of Case Stated / Court of Appeal Judgment
Outcome
Appeal allowed; County Court Judge's decision overturned.
Legal Topics
Liability for Licensing Offences, Interpretation of 'person' in Statutory Provisions, Permitting Consumption of Intoxicating Liquor Outside Permitted Hours
Criminal Law Licensing Law Liability for Licensing Offences Interpretation of 'person' in Statutory Provisions Permitting Consumption of Intoxicating Liquor Outside Permitted Hours

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Parties

Director of Public Prosecutions

Complainant/appellant

Jonathon Smylie

Defendant/respondent

Procedural Posture

Appeal by Way of Case Stated / Court of Appeal Judgment

Legal Issues

  1. 1 Whether only a licence holder can commit the offence of permitting consumption of intoxicating liquor outside permitted hours under Article 41(1)(a)(ii) of the Licensing (Northern Ireland) Order 1996
  2. 2 Whether a manager or employee can be liable for the offence
  3. 3 Whether the respondent could be prosecuted as he was not the licensee

Ratio Decidendi

The offence of permitting consumption of intoxicating liquor outside permitted hours under Article 41(1)(a)(ii) of the Licensing (Northern Ireland) Order 1996 can be committed by any person, including a manager or employee in charge of the premises, not only the licence holder.

Court Disposition

Appeal allowed; County Court Judge's decision overturned.

Orders

  • First question answered 'No'; offence not restricted to licence holder.
  • No need to answer remaining questions.