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Criminal Law Act 1977

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LICENSING ACT 1964 (c. 26)

1In section 30(5), as inserted by paragraph 4 of Schedule 7 to the [1967 c. 54.] Finance Act 1967 (duty of clerk to licensing justices to send list to Collector of Customs and Excise within eight days of end of licensing sessions)—

(a)for " eight days " substitute " fourteen days "; and

(b)omit the words from " and the clerk " onwards (under which the clerk gets a fee for delivering a list of more than 25 names and commits an offence if he fails to comply with the subsection).

2In section 169 (serving or delivering intoxicating liquor to or for consumption by persons under 18)—

(a)in subsection (1) (which prohibits, in licensed premises, the licence holder or his servant from knowingly selling intoxicating liquor to a person under 18 or allowing such a person to consume it in a bar, and the licence holder from knowingly allowing any person to sell it to a person under 18), for " subsection (4)" substitute " subsections (4) and (10) "; and

(b)after subsection (9) add—

(10)Where, as regards any licensed premises, the holder of the licence is charged with an offence under subsection (1) of this section in a case in which it is proved or admitted that he did not personally have the knowledge required for the commission of the offence charged, he shall not be convicted of the offence on the basis of another's knowledge if he proves that he exercised all due diligence to avoid the commission of an offence under that subsection.

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