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Penalty for breach of terms of off-licence. 55.(1) Where, having purchased intoxicating liquor from the holder of an off-licence or his servant or agent, a person consumes the liquor (a)in the licensed premises; or (b)in premises which adjoin or are near the licensed premises and which belong to the holder of the licence or are under his control or used by his permission, (2) If the holder of an off-licence, himself or by his servant or agent, with intent to evade the terms of the licence takes any intoxicating liquor from the licensed premises for the purpose of its being sold on his account or for his benefit or profit, he shall be guilty of an offence. (3) A person guilty of an offence under subsection (1) or (2) shall be liable on summary conviction to a fine not exceeding #100. (4) For the purposes of subsection (2), if liquor is taken for the purpose of its being consumed in any premises or place belonging to the holder of the licence, or used or occupied by him, the burden of proving that he did not intend to evade the terms of the licence shall lie upon him. (5) In this section "off-licence" means a licence for premises of a kind mentioned in section 3(1)(b).
© 1971 Crown Copyright
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