Duncan v Gleeson
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1970 |
| Docket Number | [1969. No. 126 SS.] |
| Date | 01 January 1970 |
| Court | High Court |
Prohibited hours - Permitting consumption of intoxicating liquor - Permitting persons to be on licensed premises - Ten minute extension - Onus of proof - Intoxicating Liquor Act, 1927 (No. 15 of 1927), s. 2 - Intoxicating Liquor Act, 1962 (No. 21 of 1962), ss. 7, 29.
The offence of permitting intoxicating liquor to be consumed on licensed premises during prohibited hours, contrary to s. 2 of the Intoxicating Liquor Act, 1927, is not established until the prosecution has discharged the onus of proving that the defendant failed to take reasonable steps to prevent such consumption. That onus of proof is also applicable to the offence of permitting a person to be on such premises during such hours, contrary to s. 29 of the Intoxicating Liquor Act, 1962. In neither case is the onus of proof diminished by the provisions of s. 7 of the Act of 1962 which allow a ten-minute extension to the lawful drinking hours. So held by Pringle J. Attorney General v. CarrollIR [1932] I.R. 1 and Attorney...
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