SALE OF INTOXICANTS TO CHILDREN BILL [H.L.] (Hansard, 7 March 1905)

*LORD DUNBOYNE

My Lords, this Bill is identical in its terms with the Bill which passed your Lordships' House last year, but which failed unfortunately to get through the other House owing to the state of business there. It is intended to remove a defect which experience has shown to exist in the original Act. By that Act, if a servant of a licensee serves a child with intoxicating drink contrary to the provisions of the statute, the 532 licensee cannot be held liable for the act of his servant unless it can be shown that he, knowingly, permitted the child so to be served; and as the Act makes no provision whatever for the punishment of the servant, it follows that unless the knowledge of the licensee is proved, he cannot be made liable to the penalties which are imposed by the original Act for that offence, and the law can be broken without anyone being responsible. This Bill is intended to remedy that defect. It will impose no fresh liability whatever upon the licensee, but it proposes to make the servant liable to the same penalty as the licensee is now liable to for a similar offence. It will not in any way add to the responsibility of the publican; it will rather be a protection to him, for when the servant knows that he will be personally liable for his own acts he will be more careful not to infringe the provisions of the law, and will thereby protect himself and his master's interests at the same time. The Bill was fully discussed when it passed through your Lordships' House last session, and I do not think it is necessary now to make any further observations in moving the Second Reading.