[2012] NICA 50

Where a licence holder had been charged with selling alcohol or permitting the consumption of alcohol after hours contrary to the Licensing (Northern Ireland) Order 1996 art.41 and he sought to rely on the statutory exception to that offence in art.46 of the Order, he bore the burden of proving that the sale was to a guest or resident of the hotel. The relevant information for the exception lay peculiarly within the knowledge of the licence holder and he was therefore able to address the burden.

CA (NI) (Morgan LCJ, Girvan LJ, Coghlin LJ)

20/11/2012