Thank you, Mr. Chairman. Currently, section 85(1) of the Liquor Act requires the element of pre-knowledge in the dispensation of liquor. A bartender must know that the person he is serving is under age in order for prosecution to proceed and be successful. We are proposing to remove the requirement of "knowingly," and when that word is taken out, the offence provision becomes what is known in law as a strict liability offence provision. It means that it is not an intended crime, but one of negligence. It means that they didn't fulfil the duties, those reasonable precautions that anyone knowing the requirements of being a proper bartender knows. They didn't ask for proof of age, or they didn't see that the person looked very young and didn't ask questions. Prosecution can then proceed saying prima facie, we've established that you've sold to this person and now the onus is on the individual to prove that they took reasonable measures to find out the person's age and so on. Thank you, Mr. Chairman.
Mr. Flynn on Bill 4: An Act To Amend The Liquor Act
In the Legislative Assembly on October 5th, 1994. See this statement in context.
Bill 4: An Act To Amend The Liquor Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
October 4th, 1994
Page 104
Flynn
See context to find out what was said next.