I-8.1 - Act respecting offences relating to alcoholic beverages

Section 134 Disposition versions

1999-10-22

134. The owner or lessee of premises where an offence against this Act is committed or the holder of a permit issued for such premises who authorizes or allows such an offence to be committed therein is guilty of an offence and liable to the penalty prescribed for the offence he authorized or allowed.

In the absence of any evidence to the contrary, in any proceedings under the first paragraph, proof that an offence against this Act was committed by a person in the employ of the owner, lessee or permit holder is proof that that person has committed the offence with the authorization or consent of the owner, lessee or permit holder.

If the person who has committed an offence against this Act, the owner or lessee of the premises where the offence was committed or the holder of a permit issued for such premises is a partnership or a legal person, each partner or each director of the legal person who authorized or allowed the commission of the offence is deemed to be a party thereto.

1971, c. 19, s. 138; 1979, c. 71, s. 140; 1986, c. 95, s. 153; 1990, c. 4, s. 477; 1999, c. 40, s. 150.

1990-10-01

134. The owner or lessee of premises where an offence against this Act is committed or the holder of a permit issued for such premises who authorizes or allows such an offence to be committed therein is guilty of an offence and liable to the penalty prescribed for the offence he authorized or allowed.

In the absence of any evidence to the contrary, in any proceedings under the first paragraph, proof that an offence against this Act was committed by a person in the employ of the owner, lessee or permit holder is proof that that person has committed the offence with the authorization or consent of the owner, lessee or permit holder.

If the person who has committed an offence against this Act, the owner or lessee of the premises where the offence was committed or the holder of a permit issued for such premises is a partnership or a corporation, each partner or each director of the corporation who authorized or allowed the commission of the offence is deemed to be a party thereto.

1971, c. 19, s. 138; 1979, c. 71, s. 140; 1986, c. 95, s. 153; 1990, c. 4, s. 477.

1987-02-15

134. The owner or lessee of premises where an offence against this Act is committed or the holder of a permit issued for such premises who authorizes or allows such an offence to be committed therein is guilty of an offence and liable, in addition to costs, to the penalty prescribed for the offence he authorized or allowed.

In the absence of any evidence to the contrary, in any proceedings under the first paragraph, proof that an offence against this Act was committed by a person in the employ of the owner, lessee or permit holder is proof that that person has committed the offence with the authorization or consent of the owner, lessee or permit holder.

If the person who has committed an offence against this Act, the owner or lessee of the premises where the offence was committed or the holder of a permit issued for such premises is a partnership or a corporation, each partner or each director of the corporation who authorized or allowed the commission of the offence is deemed to be a party thereto.

1971, c. 19, s. 138; 1979, c. 71, s. 140; 1986, c. 95, s. 153.

1980-10-15

134. In any prosecution under this act, the real offender as well as the owner, lessee or occupant of the premises where the offence was committed, or the holder of a permit issued for the sale of alcoholic beverages in such premises, shall be personally responsible for the penalties imposed for an offence under this act, even if such offence was committed by another person and even if it cannot be proved that such person acted under the direction of such owner, lessee, occupant or holder of a permit.

Proof that the offence was committed by a person in the employ of such owner, lessee, occupant or holder of a permit, or who was present in the establishment on sufferance, shall be conclusive proof that the offence was committed with the authorization and under the direction of such owner, lessee, occupant or holder of a permit.

At the option of the party prosecuting, the real offender and the owner, lessee, occupant or holder of a permit may be prosecuted jointly or separately; but they cannot both be convicted of the same offence.

If the real offender, the owner, the lessee or the holder of a permit is a partnership or a corporation, each partner or each director of the corporation who prescribes or authorizes the commission of the offence, consents to it or participates in it, is deemed to be a party thereto.

1971, c. 19, s. 138; 1979, c. 71, s. 140.

1977-12-31

134. In any prosecution under this act, the real offender as well as the owner, lessee or occupant of the premises where the offence was committed, or the holder of a permit issued for the sale of alcoholic beverages in such premises, shall be personally responsible for the penalties imposed for an offence under this act, even if such offence was committed by another person and even if it cannot be proved that such person acted under the direction of such owner, lessee, occupant or holder of a permit.

Proof that the offence was committed by a person in the employ of such owner, lessee, occupant or holder of a permit, or who was present in the establishment on sufferance, shall be conclusive proof that the offence was committed with the authorization and under the direction of such owner, lessee, occupant or holder of a permit.

At the option of the party prosecuting, the real offender and the owner, lessee, occupant or holder of a permit may be prosecuted jointly or separately; but they cannot both be convicted of the same offence.

1971, c. 19, s. 138.