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Consumption of liquor on premises licensed only for consumption off the premises.
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13.—(1) If any purchaser of any intoxicating liquor from the holder of a licence to which this section applies drinks such liquor on the premises where the same was sold to him or on any highway, lane or byeway adjoining or near such premises, such licence holder shall, if it shall appear that such drinking was with his privity or consent, be guilty of an offence under this section, and upon summary conviction thereof shall be liable, in the case of a first offence, to a penalty not exceeding one hundred pounds, and in the case of any subsequent offence shall forfeit his licence.
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(2) If any person in the employment of the holder of a licence to which this section applies permits or consents or is privy to any intoxicating liquor purchased from such licence holder being drunk on the premises where the same was sold or on any highway, lane or byeway adjoining or near such premises, such person shall be guilty of an offence under this section, and on summary conviction thereof shall be liable to a penalty not exceeding fifty pounds, or in default of payment of such penalty to imprisonment for a term not exceeding three months.
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(3) Every person who drinks any intoxicating liquor purchased from the holder of a licence to which this section applies on the premises where the same was sold, or on any highway, lane or byeway adjoining or near such premises, shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a penalty not exceeding twenty pounds, or in default of payment of such penalty to imprisonment for a term not exceeding one month.
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(4) If the holder of a licence to which this section applies himself takes or carries, or employs, or suffers any other person to take or carry any intoxicating liquor out of or from the premises of such licence holder for the purpose of being sold on his account or for his benefit or profit, and of being drunk or consumed in any other house, or in any tent, shed, or other building of any kind whatsoever belonging to such licence holder, or hired, used, or occupied by him or on or in any place, whether enclosed or not, and whether or not a public thoroughfare, such intoxicating liquor shall be deemed to have been drunk by the purchaser thereof on the premises of such licence holder with his privity and consent, and such licence holder shall be punishable under this section accordingly.
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In any proceeding brought under or in reliance on this sub-section, it shall not be necessary to prove that the premises or place or places to which such liquor is taken to be drunk belonged to, or were hired, used, or occupied by the licence holder, if proof be given to the satisfaction of the court hearing the case that such liquor was taken to be consumed thereon or therein with intent to evade the conditions of the licence.
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(5) In this section the expression “premises where the same was sold” shall include any premises adjoining or near the premises where the liquor was actually sold and belonging to the same licence holder or under his control or used by his permission.
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(6) This section applies to licences of any description authorising the sale of intoxicating liquor by retail for consumption off the premises.
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