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Chapter 50: Liquor Act

Table Of Contents  

[50.0] Introduction 

This chapter will examine the following offences under the Liquor Act (Ch. 144): 

·                     'Restriction On Making Liquor', as provided for by section 50; 

·                     'Resisting Or Obstructing Police Officers', as provided for by section 55; 

·                     'Illegal Sale Of Liquor', as provided for by section 57; 

·                     'Liquor For Sale Without License', as provided for by section 59; 

·                     'Allowing Unlicensed Sale', as provided for by section 62; 

·                     'Consumption Of Liquor In Certain Public Places', as provided for by section 65; 

·                     'Consumption Of Liquor In Vehicles', as provided for by section 66; 

·                     'Children & Young Persons', as provided for by section 72; and 

·                     'Right Of Entry', as provided for by section 84.

For the purpose of consistency the offences under the Liquor Act (Ch. 144) should be interpreted  

'in accordance with the Interpretation and General Provisions Act and the principles of legal interpretation obtaining in England, and expressions used in it shall be presumed, so far as is consistent with their context, and except as may be otherwise expressly provided, to be used with the meaning attaching to them in English criminal law and shall be construed in accordance therewith', see section 3 of the Penal Code (Ch. 26). 

See: Liquor Licensing Act 1964 (UK). 

Within six months of the commission of an offence against the Liquor Act (Ch. 144), proceedings against such defendants must be instituted under section 76 of the Criminal Procedure Code (Ch. 7), i.e., by the laying of a complaint or the arrest of the defendant without warrant, see section 93 of the Liquor Act (Ch. 144). 

The law relating to the 'Institution Of Proceedings' is examined commencing on page 110. 

It is deemed that employers are equally liable to be punished for offences against the Liquor Act (Ch. 144) committed by their employees, see section 87 of that Act. 

The jurisdiction of the Courts in respect of offences under the Liquor Act (Ch. 144) is examined commencing on page 14.

[50.1] Restriction On Making Liquor

[50.1.1] Offences 

Section 50(2) of the Liquor Act (Ch. 144) states: 

'Any person who, without the written approval of the Minister – 

(a)                imports into or sets up in Solomon Islands any still or any machinery, implement or utensil used or intended to be used for brewing or distilling liquor; 

(b)               has on his premises or in his possession or custody any still, still – head worm, machinery implement or utensil used or intended to be used for brewing or distilling liquor; 

(c)                makes or assists in making liquor; or 

(d)               supplies any material for making or working any still, 

is guilty of an offence […].'

[50.1.2] Wording Of Charges

Section 50(2)(a) 

'[Name of Defendant] at [Place] on [Date] did without the written approval of the responsible Minister [import into or set up in] Solomon Islands a [still and/or machinery and/or an implement and/or a utensil] [used or intended to be used] for [brewing or distilling] liquor.'

Section 50(2)(b) 

'[Name of Defendant] at [Place] on [Date] did without the written approval of the responsible Minister have [on (his/her) premises or in (his/her) (possession or custody)] [a still and/or still-head and/or a worm and/or machinery and/or an implement and/or a utensil] [used or intended to be used] for [brewing or distilling] liquor.'

Section 50(2)(c) 

'[Name of Defendant] at [Place] on [Date] did without the written approval of the responsible Minister [make or assist in making] liquor.'

Section 50(2)(d) 

'[Name of Defendant] at [Place] on [Date] did without the written approval of the responsible Minister supply material for [making or working] a still.'

[50.1.3] Elements

Section 50(2)(a) 

A. Defendant 

B. Place 

C. Date 

D. Without Approval Of The Responsible Minister 

E.         [i] Import Into; or 

[ii] Set Up In 

F. Solomon Islands 

G.        [i] Still; and / or 

[ii] Machinery; and / or 

[iii] Implement; and / or 

[iv] Utensil

H.        [i] Used; or 

[ii] Intended To be Used

I.          [i] Brewing; or 

[ii] Distilling

J. Liquor

Section 50(2)(b) 

'[Name of Defendant] at [Place] on [Date] did without the written approval of the responsible Minister have [on (his/her) premises or in (his/her) (possession or custody)] [a still and/or still-head and/or a worm and/or machinery and/or an implement and/or a utensil] [used or intended to be used] for [brewing or distilling] liquor.'

A. Defendant 

B. Place 

C. Date 

D. Without Approval Of The Responsible Minister 

E.         [i] On His/Her Premises; or 

[ii] In His/Her Possession; or 

[iii] In His/Her Custody

F.         [i] Still; and / or 

[ii] Machinery; and / or 

[iii] Implement; and / or 

[iv] Utensil

G.        [i] Used; or 

[ii] Intended To be Used

H.        [i] Brewing; or 

[ii] Distilling

I. Liquor

Section 50(2)(c) 

A. Defendant 

B. Place 

C. Date 

B.                 Without The Written Approval Of The Responsible Minister 

E.         [i] Make; or 

[ii] Assist In Making 

F. Liquor

Section 50(2)(d) 

A. Defendant 

B. Place 

C. Date 

D. Without The Written Approval Of The Responsible Minister 

E. Supply Material 

F.         [i] Making; or 

[ii] Working 

G. Still

[50.1.4] Written Approval 

By virtue of section 89(2) of the Liquor Act (Ch. 144), upon a prima facie case being established by the prosecution, the onus is on the defendant to prove on the 'balance of probabilities' that there was a written approval, see section 50. 

The law relating to 'Negative Averments' commencing on page 83.

[50.1.5] Import 

The term 'Import' is not defined in the Liquor Act (Ch. 144), but is defined in section 16 of the Interpretation & General Provisions Act (Ch. 85) as meaning: 

'to bring or cause to be brought into Solomon Islands by air or water'.

[50.1.6] Possession 

The term 'Possession' is not defined in the Liquor Act (Ch. 144) or the Interpretation & General Provisions Act (Ch. 85). 

In R v Boyesen [1982] AC 768; (1982) 75 CrAppR 51 [[1982] 2 WLR 882; [1982] 2 AllER 161; [1982] CrimLR 596] Lord Scarman stated at pages 773 – 774 & 57 respectively: 

'Possession is a deceptively simple concept. It denotes a physical control or custody of a thing plus knowledge that you have it in your custody or control.' (emphasis added) 

Therefore, a person does not have the prerequisite 'knowledge' if he/she: 

[i] does not know where the thing was; and 

[ii] was not in position to find out. 

In R v McCalla (1987) 87 CrAppR 372 May LJ, delivering the judgment of the Court, held at page 379: 

'We think that the basic principle underlying those cases is that once one has or possesses something, be it an offensive weapon or a drug, one continues to have or possess it until one does something to rid oneself of having or possessing it; that merely to have forgotten that one has possession of it is not sufficient to exclude continuing to have or possess it.' 

See also: Director of Public Prosecutions v Brooks [1974] AC 862; (1974) 59 CrAppR 185; [1974] 2 WLR 899; [1974] 2 AllER 840; [1974] CrimLR 364.

[50.1.7] Liquor 

The term 'Liquor' is defined in section 2 of the Liquor Act (Ch. 144) as meaning: 

'any wine, spirits, beer, or any liquid containing alcohol ordinarily used or fit for use as a beverage, or any other liquid which the Minister may by notice declare to be liquor for the purposes of this Act, but does not include any alcohol or spirits the importation of which is restricted under section 34 of the Customs and Excise Act'. 

The term 'Beer' is defined in section 2 of the Liquor Act (Ch. 144) as including 'ale, porter, lager beer, cider and perry'. 

As provided for by section 86 of the Liquor Act (Ch. 144) if it is alleged in a charge that any 'liquid' is 'liquor', the onus of proving on the 'balance of probabilities' that the 'liquid' is not 'liquor' is on the defendant, unless the court otherwise directs. 

The law relating to 'Negative Averments' is examined commencing on page 83. 

In any proceedings under the Liquor Act (Ch. 144) a certificate purporting to be signed by a registered pharmacist in the employment of the Government, stating the percentage of alcohol contained in any liquid submitted for his/her examination, shall be admissible in evidence, and in the absence of evidence to the contrary may be accepted by a court as proof of its contents, see section 85 of that Act.

[50.1.8] Sentencing 

Section 50 of the Liquor Act (Ch. 144) provides that if a defendant is found guilty of an offence against that section, he/she is 'liable to a fine of one thousand two hundred dollars or to imprisonment for three years or to both such fine and such imprisonment'. 

If any licensee is convicted under section 50 of the Liquor Act (Ch. 144) the court recording such conviction may order the forfeiture of his/her licence and he/she shall thereupon be disqualified for holding a licence for a period of twelve months, see section 80. 

Upon conviction, 

[i] any liquor seized or forfeited under the provisions of this Act shall be disposed of as the court may direct and if ordered to be sold the proceeds of any such sale shall be paid into the Provincial fund, in accordance with section 92 of the Liquor Act (Ch. 144); 

[ii] any still, still-head, worm or other machinery, implements or utensils, imported into or used in Solomon Islands, and all liquor brewed or distilled therein contrary to the provisions of this (Part VII – 'Distillation of Liquor'), shall be forfeited in accordance with section 52 of the Liquor Act (Ch. 144); and 

[iii] a court may endorse the conviction on the liquor licence and shall inform the Chairman of the licensing authority of the conviction, in accordance with section 81 of the Liquor Act (Ch. 144). 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[50.2] Obstruct Or Resist Police

[50.2.1] Section 51 

[A] Offences 

Section 51 of the Liquor Act (Ch. 144) states: 

'(1) When a police officer believes on reasonable grounds that a premises is being used without the written approval of the Minister for brewing or distilling liquor, the police officer may enter upon the premises and seize – 

(a)                any article, machinery, material, implement or utensil which appears to the police officer as being for use in connection with the brewing or distilling of the liquor; and 

(b)               any liquor which appears to the police officer to have been brewed or distilled on the premises. 

(2) In the exercise of the powers conferred by subsection (1) a police officer may break open doors and use such other force as may be necessary to effect the entry and make the seizure by this section authorised. 

(3) Any person who shall obstruct or resist any police officer in the exercise of any power conferred upon him by this section, shall be guilty of an offence […].' (emphasis added)

[B] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] did [obstruct or resist] a police officer namely [specify name and rank of police officer] in

·                     entering upon premises situated at [specify the location]; and/or 

·                     seizing property which appeared to the said police officer as being for use in connection with the [brewing or distilling] of liquor; and/or 

·                     seizing liquor which appeared to the said police officer to have been [brewed or distilled] on the said premises.'

[C] Elements 

A. Defendant 

B. Place 

C. Date 

D.        [i] Obstruct; or 

[ii] Resist 

E. Police Officer 

F.         [I] Entering Upon Premises; and / or 

[Ii] Seizing Property Which Appeared To The Said Police Officer As Being For Use In Connection With The 

[1] Brewing; or 

[2] Distilling 

Of Liquor; and / or 

[Iii] Seizing Liquor Which Appeared To The Said Police Officer To Have Been 

[1] Brewed; or 

[2] Distilled 

On The Premises

[D] Sentencing 

Section 51 of the Liquor Act (Ch. 144) provides that if a defendant is found guilty of an offence against that section, he/she is liable 'to a fine of four hundred dollars or to imprisonment for one year or to both such fine and such imprisonment'. 

If any licensee is convicted under subsection (3) of section 51 of the Liquor Act (Ch. 144) the court recording such conviction may order the forfeiture of his/her licence and he/she shall thereupon be disqualified for holding a licence for a period of twelve months, see section 80. 

Upon conviction, a court may endorse the conviction on the liquor licence and shall inform the Chairman of the licensing authority of the conviction, in accordance with section 81 of the Liquor Act (Ch. 144). 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[50.2.2] Section 55

[A] Offences 

Section 55 of the Liquor Act (Ch. 144) states: 

'Any person who resists or obstructs a health officer or police officer in the exercise of his duty under section 53 ['Duties Of Health Officers'] or section 54 ['Duties Of Police Officers'], as the case may be, shall be guilty of an offence […].' [words in brackets added]

[B] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] did [resist or obstruct] a [health officer namely (specify name of health officer) in the exercise of (his/her) duty under section 53 of the Liquor Act (Ch. 144) or a police officer namely (specify name and rank of police officer) in the exercise of (his/her) duty under section 54 of the Liquor Act (Ch. 144)].'

[C] Elements 

A. Defendant 

B. Place 

C. Date 

D.        [i] Resist; or 

[ii] Obstruct 

E.         [i] Health Officer In The Exercise Of His/Her Duty Under 53 Of The Liquor Act; or 

[ii] Police Officer In The Exercise Of His/Her Duty Under 54 Of The Liquor Act

[D] Sentencing 

Section 55 of the Liquor Act (Ch. 144) provides that if a defendant is found guilty of an offence against that section, he/she is liable 'for a first offence to a fine of one hundred dollars and for a second or any subsequent offence to a fine of two hundred dollars'. 

Upon conviction, a court may endorse the conviction on the liquor licence and shall inform the Chairman of the licensing authority of the conviction, in accordance with section 81 of the Liquor Act (Ch. 144). 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[50.2.3] Obstruct 

The term 'Obstruct' is not defined in the Liquor Act (Ch. 144) or the Interpretation & General Provisions Act (Ch. 85). 

In Hinchcliffe v Sheldon [1955] 1 WLR 1207; [1955] 3 AllER 406 Lord Goddard CJ stated at pages 1210 & 408 respectively: 

'Obstructing […] means making it more difficult for the police to carry out their duties.' (emphasis added) 

In Willmott v Atack [1977] QB 498; [1976] 3 AllER 794; (1976) 63 CrAppR 207 the court held that it was not sufficient for the prosecution to prove that the defendant had deliberately done an act which had resulted in the obstruction of a police officer; what also had to be shown was that he/she had done the act with the intention of obstructing the officer in the sense of making it more difficult to carry out his/her duty. 

In appropriate circumstances, the defendant must however be under a legal obligation to comply with the direction of the police officer concerned, see Ingleton v Dibble [1972] 1 QB 480; [1972] 1 AllER 275. 

See also: Lewis v Cox (1985) 80 CrAppR 1 at page 6; Moore v Green [1983] 1 AllER 663; Rice v Connolly [1966] 2 AllER 649; [1966] 2 QB 414; [1966] 3 WLR 17; Hills v Ellis (1983) 76 CrAppR 217 & Carmichael v Mac Gowan [1967] WAR 11.

[50.2.4] Resist 

Section 18 of the Penal Code (Ch. 26) states: 

'Where any person is charged with a criminal offence arising out of the lawful arrest, or attempted arrest, by him of a person who forcibly resists such arrest or attempts to evade being arrested, the court shall, in considering whether the means used were necessary, or the degree of force used was reasonable, for the apprehension of such person, have regard to the gravity of the offence which had been or was being committed by such person and the circumstances in which such offence had been or was being committed by such person.' 

The term 'Resist' is not defined in the Liquor Act (Ch. 144) or the Interpretation & General Provisions Act (Ch. 85). 

However, the 'natural and ordinary' meaning of that term in the context of this section would include opposing by force some course of action which the police officer resisted is attempting to pursue, see R v Galvin (No. 2) [1961] VR 740. 

In Collins v Murray, Ex parte Murray [1989] 1 QdR 614 the case involved two police officers who each had hold of the defendant, one officer on either side, attempting to effect the defendant's arrest for another offence. The defendant pulled away, screaming and yelling. The defendant was charged with two counts of resisting police in the execution of their duty. 

The court held that one bodily movement of twisting and struggling constituted resisting each of the two police officers in the execution of their duty; the one bodily movement on the part of the defendant gave rise to two charges. However, Williams J, with whom the other members of the court concurred, stated at page 618: 

'In my view […] the second charge is constituted by the "gist or gravemen" of the former and it would be an harassment of the accused to charge him with two several offences. […] The magistrate should have recorded a conviction on one of those charges and forever stayed the other; […] The penalty with respect to the conviction recorded should reflect the overall criminality of the conduct constituting the offence.'

[50.3] Sale Of Liquor Without License

[50.3.1] Offence 

Section 57(1) of the Liquor Act (Ch. 144) states: 

'Any person who sell liquor without holding a license authorising the sale thereof shall be guilty of an offence […].'

[50.3.2] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] did sell liquor without holding a licence authorising the sale thereof.'

[50.3.3] Elements 

A. Defendant 

B. Place 

C. Date 

D. Sell 

E. Liquor 

F. Without Holding A License Authorising The Sale Thereof

[50.3.4] Sell 

The term 'Sell' is defined in the Interpretation & General Provisions Act (Ch. 85) as including: 

'barter and exchange'. 

The term 'Sale' is defined in section 2 of the Liquor Act (Ch. 144) as including: 

'every method of disposition for valuable consideration including barter; and includes the disposition by an agent for sale on consignment; and also includes offering or attempting to sell, or receiving or having in possession for sale, or exposing for sale, or sending or delivery for sale, and also includes disposal by way of raffle, lottery, or other game of chance'. 

The delivery of any liquor shall be prima facie evidence of sale within the meaning of the Liquor Act (Ch. 144), so as to support a conviction, unless satisfactory proof to the contrary is adduced to the court hearing the case, see section 88 of that Act. The onus is therefore on the defendant to prove on the 'balance of probabilities' that there was not a sale.

[50.3.5] Liquor 

The element 'Liquor' is examined commencing on page 810.

[50.3.6] Proof Of License 

The onus of proving that a person is licensed under the Liquor Act (Ch. 144) is on the defendant on the 'balance of probabilities', see section 89(1) of that Act. 

The law relating to 'Negative Averments' is examined commencing on page 83.

[50.3.7] Sentencing 

Section 57 of the Liquor Act (Ch. 144) provides that if a defendant is found guilty of an offence against that section, he/she is liable: 

[i] for a first offence to a fine of two hundred dollars, and 

[ii] for a second or subsequent offence to a fine of four hundred dollars or to imprisonment for one year or to both such fine and such imprisonment, 

'and upon conviction under this subsection, the offender shall forfeit all liquor found in his possession, custody or control, together with the vessels containing such liquor, unless the court for special reasons thinks fit to order that only part or none of such liquor be forfeited. In the case of a second or subsequent offence the offender shall be declared after conviction to be, and shall thereupon be disqualified for holding a licence of any description for the sale of liquor for a period of twelve months from the date of such conviction: 

Provided that nothing in this subsection shall apply to a registered pharmacist supplying liquor in quantities not exceeding six ounces on the prescription of a person registered as a medical practitioner under the Medical and Dental Practitioners Act. (Ch. 102)' 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[50.4] Liquor For Sale Without License

[50.4.1] Offences 

Section 59(2) of the Liquor Act (Ch. 144) states: 

'Any person carrying about, offering or exposing for sale, any liquor without a license shall be guilty of an offence […].'

[50.4.2] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] did [carry about, offer or expose] for sale liquor without a licence.'

[50.4.3] Elements 

A. Defendant 

B. Place 

C. Date 

D.        [i] Carry About; 

[ii] Offer; or 

[iii] Expose 

E. For Sale 

F. Liquor 

G. Without A License

[50.4.4] Sale 

The element 'Sale' is examined on page 816. 

Whenever any liquor is alleged to have been carried from one place to another, the burden of proving that the same was not so carried for sale shall rest upon the person so carrying it, ie., the defendant, on the 'balance of probabilities', see section 59(3) of the Liquor Act (Ch. 144).

[50.4.5] Liquor 

The element 'Liquor' is examined commencing on page 810.

[50.4.6] Proof Of License 

The onus of proving that a person is licensed under the Liquor Act (Ch. 144) is on the defendant on the 'balance of probabilities', see section 89(1) of that Act. 

'Whenever any liquor […] shall be carried from one place to another, the burden of proving that the same was not so carried for sale shall rest upon the person so carrying it', see section 59(3) of the Liquor Act (Ch. 144). 

Therefore, the defendant must prove on the 'balance of probabilities' that he/she was not carrying the liquor for sale. 

The law relating to 'Negative Averments' is examined commencing on page 83.

[50.4.7] Sentencing 

Section 59 of the Liquor Act (Ch. 144) provides that if a defendant is found guilty of an offence against that section, he/she is liable: 

[i] for a first offence to a fine of two hundred dollars, and 

[ii] for a second or subsequent offence to a fine of four hundred dollars or to imprisonment for one year or to both such fine and such imprisonment, 

'and upon conviction under this subsection, all such liquor together with the vessels containing the same shall be forfeited unless the court for special reasons thinks fit to order that only part of none of such liquor shall be forfeited; and in addition, it shall be lawful for the court to order forfeiture of any cart, dray, or motor or other vehicle, and any horse or animal carrying or drawing the same and every vessel conveying the same. In the case of a second or subsequent offence the offender shall be declared after conviction to be, and shall thereupon be, disqualified for holding a licence of any description for the sale of liquor for a period of twelve months from the date of such conviction.' 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[50.5] Consumption Of Liquor In Certain Public Places

[50.5.1] Offence 

Section 65 of the Liquor Act (Ch. 144) states: 

'Any person found consuming liquor in any street, thoroughfare or place being part of any town area to which the public has access, whether upon payment or otherwise, not being part of any licensed premises, shall be guilty of an offence […].'

[50.5.2] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] was found consuming liquor in a [street, thoroughfare or place] namely [specify name of street, thoroughfare or place] being part of any town area to which the public had access not being part of any licensed premises.'

[50.5.3] Elements 

A. Defendant 

B. Place 

C. Date 

D. Found Consuming 

E. Liquor 

F.         [i] Street; 

[ii] Thoroughfare; or 

[iii] Place 

G. Being Part Of Any Town Area To Which The Public Had Access Not Being Part Of Any Licensed Premises

[50.5.4] Liquor 

The element 'Liquor' is examined commencing on page 810.

[50.5.5] Town Area 

The term 'Town Area' is defined in section 2 of the Liquor Act (Ch. 144) as meaning: 

'the area known as Honiara (the boundaries of which are delineated on Plan 1981 deposited in the office of the Commissioner of Lands); and references to the Provincial Executive, in relation to that area, are references to the Municipal Authority'.

[50.5.6] Sentencing 

Section 65 of the Liquor Act (Ch. 144) provides that if a defendant is found guilty of an offence against that section, he/she is liable 'to a fine of two hundred dollars.' 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[50.6] Consumption Of Liquor In Vehicles 

[50.6.1] Offences 

Section 66 of the Liquor Act (Ch. 144) states (in part): 

'(1) Any person who consumes liquor in a motor vehicle – 

(a)                when it is being driven on a road or other public place; or 

(b)               when it is at rest or parked on a road or other public place, 

is guilty of an offence. 

(2) Where any person is found guilty of any offence referred to in subsection (1), the driver or the person in charge, as the case may be, at the time of the commission of the offence shall, in the absence of a reasonable excuse be treated as being also in contravention of this section and guilty of an offence.'

[50.6.2] Wording Of Charges 

Section 66(1)(a) 

'[Name of Defendant] at [Place] on [Date] did consume liquor in a motor vehicle to wit a [specify the motor vehicle] when it was being driven on a [road or public place] namely [specify name of road or public place].'

Section 66(1)(b) 

'[Name of Defendant] at [Place] on [Date] did consume liquor in a motor vehicle to wit a [specify the motor vehicle] when it was [at rest or parked] on a [road or public place] namely [specify name of road or public place].'

Section 66(2)(a) 

'[Name of Defendant] at [Place] on [Date] being the [driver or person in charge] without a reasonable excuse did permit a person namely [specify name of person] to consume liquor in a motor vehicle to wit a [specify the motor vehicle] when it was being driven on a [road or public place] namely [specify name of road or public place].'

Section 66(2)(b) 

'[Name of Defendant] at [Place] on [Date] being the [driver or person in charge] without a reasonable excuse did permit a person namely [specify name of person] to consume liquor in a motor vehicle to wit a [specify the motor vehicle] when it was [at rest or parked] on a [road or public place] namely [specify name of road or public place].'

[50.6.3] Elements 

Section 66(1)(a) 

A. Defendant 

B. Place 

C. Date 

D. Consume 

E. Liquor 

F. Motor Vehicle 

G. Driven On 

[i] Road; or 

[ii] Public Place

Section 66(1)(b) 

A. Defendant 

B. Place 

C. Date 

D. Consume 

E. Liquor 

F. Motor Vehicle 

G.        [i] At Rest; or 

[ii] Parked 

H.        [i] Road; or 

[ii] Public Place

Section 66(2)(a) 

A. Defendant 

B. Place 

C. Date 

D. Without Reasonable Excuse 

E. Permit 

F. Consumption 

G. Liquor 

H. Motor Vehicle 

I. Being Driven 

J.          [i] Road; or 

[ii] Public Place

Section 66(2)(b) 

A. Defendant 

B. Place 

C. Date 

D. Without Reasonable Excuse 

E. Permit 

F. Consumption 

G. Liquor 

H. Motor Vehicle 

I.          [i] At Rest; or 

[ii] Parked 

J.          [i] Road; or 

[ii] Public Place

[50.6.4] Liquor 

The element 'Liquor' is examined commencing on page 810.

[50.6.5] Motor Vehicle 

Section 66 of the Liquor Act (Ch. 144) states that the expression 'Motor Vehicle' shall have the meaning assigned to it in the Traffic Act (Ch. 131). 

The term 'Motor Vehicle' is defined in section 2 of the Traffic Act (Ch. 131) as meaning: 

'any mechanically propelled vehicle, excluding any vehicle running on a specially prepared way such as a railway or tramway or any vehicle deriving its power from overhead electric power cables or such other vehicles as may from time to time by regulations under this Act be declared not to be motor vehicles for the purpose of this Act.' (emphasis added) 

A vehicle is not a 'mechanically propelled vehicle' unless the motor vehicle in question has reached the stage where there is no reasonable prospect of it ever being made mobile again as a mechanically propelled vehicle, then it will remain a mechanically propelled vehicle for its life, see Binks v Department of the Environment [1975] RTR 318; Mc Eachran v Hurst [1978] RTR 462; [1978] CrimLR 499 & Reader v Bunyard (1987) 85 CrAppR 185; [1987] RTR 406; [1987] CrimLR 274.

[50.6.6] Road

 Section 66 of the Liquor Act (Ch. 144) states that the expression 'Road' shall have the meaning assigned to it in the Traffic Act (Ch. 131). 

The term 'Road' is defined in section 2 of the Traffic Act (Ch. 131) as meaning: 

'any public road within the meaning of the Roads Act or any Act replacing that Act and includes any other road or way, wharf or car park on which vehicles are capable of travelling and to which the public has access, and includes a bridge over which a road passes.' (emphasis added) 

The term 'Road' is not defined in the Roads Act (Ch. 129). 

See: Ling Ainui v Luke Ouki [1977] PNGLR 11 at page 12; Clarke v Kato & others [1997] 1 WLR 208; Hansen v Appo, Ex parte Appo [1974] QdR 259 & O'Mara v Lowe; Ex parte O'Mara [1971] QWN 34.

[50.6.7] Public Place

The term 'Public Place' is not defined in either the Liquor Act (Ch. 144), but is defined in section 16 of the Interpretation & General Provisions Act (Ch. 85) as including: 

'every place to which the public are entitled or permitted to have access whether on payment or otherwise'. 

In R v Waters (1963) 47 CrAppR 149 Lord Parker CJ, delivering the judgment of the Court, held at page 154: 

'It seems to this court that the question is largely a matter of degree and fact. If only a restricted class of person is permitted to have access or invited to have access, then clearly the case would fall on the side of the line of it being a private place. If, on the other hand, only a restricted class is excluded, then it would fall on the side of the line of it being a public place.' 

See also: Clarke v Kato & others [1997] 1 WLR 208; [1998] 1 WLR 1647; Ling Ainui v Luke Ouki [1977] PNGLR 11 at page 12; Hansen v Appo, Ex parte Appo [1974] QdR 259; O'Mara v Lowe, Ex parte O'Mara [1971] QWN 34 & Schubert v Lee (1946) 71 CLR 589.

[50.6.8] Without Reasonable Excuse 

The onus is on the defendant to prove on the 'balance of probabilities' that he/she had a 'reasonable excuse' for permitting the consumption of liquor as specified by section 66(2) of the Liquor Act (Ch. 144). 

The law relating to 'Negative Averments' is examined commencing on page 83.

[50.6.9] Sentencing 

Section 66(3) of the Liquor Act (Ch. 144) provides that if a defendant is found guilty of an offence against that section, he/she is liable 'to a fine of one thousand dollars or to imprisonment for twelve months or to both such fine and such imprisonment'. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[50.7] Children & Young Persons

[50.7.1] Offences 

Section 72 of the Liquor Act (Ch. 144) states (in part): 

'(1) Any person who knowingly sells or supplies, or any licensee who knowingly allows to be sold or supplied, to any person under the age of twenty – one years, any liquor for consumption on licensed premises or licensed club premises, shall be guilty of an offence […]. 

(2) Any licensee who knowingly sells or supplies, or who allows to be sold or supplied, or any servant of his who knowingly sells or supplies, any liquor to any person under the age of twenty – one years, shall be guilty of an offence […]. 

(2)               Any person under the age of twenty – one years who shall consume any liquor in any licensed premises or licensed club premises, or who shall purchase or attempt to purchase any liquor in any licensed premises or licensed club premises, shall be guilty of an offence […] 

(3)               Any person who knowingly shall send a person under the age of twenty – one years, for the purpose of obtaining any liquor, to any licensed club or any licensed premises, shall be guilty of an offence […].'

[50.7.2] Knowingly Sell Or Supply 

[A] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] did knowingly [sell or supply] to a person namely [specify name of person] under the age of twenty-one years liquor for consumption on licensed [premises or club premises] namely [specify name of premises].'

[B] Elements

 A. Defendant

 B. Place 

C. Date 

D. Knowingly 

E.         [i] Sell; or 

[ii] Supply 

F. Person Under The Age Of Twenty – One Years 

G. Liquor 

H. Consumption On Licensed 

[i] Premises; or 

[ii] Club Premises

[C] Sentencing 

Section 72(1) of the Liquor Act (Ch. 144) provides that if a defendant is found guilty of an offence against that subsection, he/she is liable 'to a fine of three hundred dollars or to imprisonment for nine months or to both such fine and such imprisonment'. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[50.7.3] Licensee Knowingly Allow To Be Sold Or Supplied

[A] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] being a licensee did knowingly allow to be [sold or supplied] to a person namely [specify name of person] under the age of twenty-one years liquor for consumption on [his/her] licensed [premises or club premises] namely [specify name of premises].'

[B] Elements 

A. Defendant 

B. Place 

C. Date 

D. Licensee 

E. Knowingly 

F. Allow To Be 

[i] Sold; or 

[ii] Supplied 

G. Person Under The Age Of Twenty – One Years 

H. Liquor 

I. Consumption On Licensed 

[i] Premises; or 

[ii] Club Premises

[C] Sentencing 

Section 72(1) of the Liquor Act (Ch. 144) provides that if a defendant is found guilty of an offence against that section, he/she is liable 'to a fine of three hundred dollars or to imprisonment for nine months or to both such fine and such imprisonment'. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[50.7.4] Servant Of Licensee Knowingly Sell Or Supply 

[A] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] being a servant of [specify name of licensee] the licensee of licensed premises namely [specify name of licensed premises] did knowingly [sell or supply] liquor to a person namely [specify name of person] under the age of twenty-one years.'

[B] Elements 

A. Defendant 

B. Place 

C. Date 

D. Servant Of Licensee 

E. Knowingly 

F.         [i] Sell; or 

[ii] Supply 

G. Liquor 

H. Person Under The Age Of Twenty – One Years

[C] Sentencing 

Section 72(2) of the Liquor Act (Ch. 144) provides that if a defendant is found guilty of an offence against that section, he/she is liable 'to a fine of three hundred dollars or to imprisonment for nine months or to both such fine and such imprisonment'. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[50.7.5] Licensee Knowingly Sell Or Supply Or Allow To Be Sold Or Supplied 

[A] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] being the licensee of licensed premises namely [specify name of licensed premises] did knowingly [(sell or supply) or allowed to be (sold or supplied)] liquor to a person namely [specify name of person] under the age of twenty-one years.'

[B] Elements 

A. Defendant 

B. Place 

C. Date

D. Licensee 

E. Knowingly 

F.         [i]         [1] Sell; or 

[2] Supply; or 

[ii] Allow To Be 

[1] Sold; or 

 [2] Supplied 

G. Liquor 

H. Person Under The Age Of Twenty – One Years

[C] Sentencing 

Section 72(2) of the Liquor Act (Ch. 144) provides that if a defendant is found guilty of an offence against that section, he/she is liable 'to a fine of three hundred dollars or to imprisonment for nine months or to both such fine and such imprisonment'. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[50.7.6] Under 21 Years Consume Liquor 

[A] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] being under the age of twenty-one years did consume liquor in a licensed [premises or club premises] namely [specify name of premises].'

[B] Elements 

A. Defendant 

B. Place 

C. Date 

D. Under The Age Of 21 Years 

E. Consume 

F. Liquor 

G. Licensed 

[i] Premises; or 

[ii] Club Premises

[C] Sentencing 

Section 72(3) of the Liquor Act (Ch. 144) provides that if a defendant is found guilty of an offence against that section, he/she is liable 'to a fine of two hundred dollars or imprisonment for one year'. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[50.7.7] Under 21 Years Purchase Or Attempt To Purchase Liquor 

[A] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] being under the age of twenty-one years did [purchase or attempt to purchase] liquor in a licensed [premises or club premises] namely [specify name of premises].'

[B] Elements 

A. Defendant

B. Place 

C. Date 

D. Under The Age Of 21 Years 

E.         [i] Purchase; or 

[ii] Attempt To Purchase 

F. Liquor 

G. Licensed 

[i] Premises; or 

 [ii] Club Premises

[C] Sentencing 

Section 72(3) of the Liquor Act (Ch. 144) provides that if a defendant is found guilty of an offence against that section, he/she is liable 'to a fine of two hundred dollars or imprisonment for one year'. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[50.7.8] Knowingly Send Person Under 21 Years To Obtain Liquor

[A] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] did knowingly send a person under the age of twenty-one years namely [specify name of person] for the purpose of obtaining liquor to a licensed [club or premises] namely [specify name of premises].'

[B] Elements 

A. Defendant 

B. Place 

C. Date 

D. Knowingly

E. Send 

F. Person Under 21 Years 

G. Purpose Of Obtaining Liquor 

H. To A Licensed 

[i] Premises; or 

[ii] Club Premises

[C] Sentencing 

Section 72(4) of the Liquor Act (Ch. 144) provides that if a defendant is found guilty of an offence against that section, he/she is liable 'to a fine of two hundred dollars'. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[50.7.9] Sell 

The element of 'Sell' is examined on page 816.

[50.7.10] Supply 

The term 'Supply' is not defined in the Liquor Act (Ch. 144) or the Interpretation & General Provisions Act (Ch. 85). 

The 'natural and ordinary' meaning of that term in the context of this section would mean to 'provide'.

[50.7.11] Person Under The Age Of 21 Years 

The prosecution must prove 'beyond reasonable doubt' that the person involved was under the age of 21 years. 

In that regard refer also to the law relating to the 'Proof Of Age' commencing on page 702.

[50.7.12] Licensee 

The term 'Licensee' is defined as meaning 'a person to whom a licence has been granted', see section 2 of the Liquor Act (Ch. 144).

[50.7.13] Licensed Premises 

The term 'Licensed Premises' is defined as meaning 'any premises or place in respect of which a licence, other than a club licence, has been granted', see section 2 of the Liquor Act (Ch. 144).

[50.7.14] Licensed Club Or Licensed Club Premises 

The term 'Licensed Club' means a club which holds a club licence, and 'Licensed Club Premises' means the premises of a licensed club, see section 72(5) of the Liquor Act (Ch. 144).

[50.7.15] Liquor 

The element 'Liquor' is examined commencing on page 810.

[50.8] Employment Of Persons Under 21 Years Or Convicted Of An Offence In Respect Of Liquor

[50.8.1] Offence 

Section 73 of the Liquor Act (Ch. 144) states: 

'(1) Notwithstanding the provisions of any other written law, no licensee shall employ a person under the age of twenty – one years, or knowingly employ a person who has been convicted of an offence under this Act, or any other Act at any time in force regulating the sale of liquor, to sell, control or supervise the sale of liquor or to have the custody or control on any licensed premises. 

(2) Any licensee who contravenes the provisions of this section shall be guilty of an offence […].' (emphasis added)

[50.8.2] Employ Person Under 21 Years

[A] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] being the licensee of licensed premises namely [specify name of licensed premises] did employ a person under the age of twenty-one years namely [specify name of person].'

[B] Elements 

A. Defendant 

B. Place 

C. Date 

D. Licensee Of Licensed Premises 

E. Employ 

F. Person Under 21 Years

[50.8.3] Knowingly Employ Person Convicted Of Liquor Offence

[A] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] being the licensee of licensed premises namely (specify name of licensed premises) did knowingly employ a person namely (specify name of person) who had been convicted of an offence under [the Liquor Act (Ch. 144) or an Act in force regulating the sale of liquor, to sell, control or supervise the sale of liquor or to have the custody or control of liquor on any licensed premises to wit (specify the name of this Act)].'

[B] Elements 

A. Defendant 

B. Place 

C. Date 

D. Licensee Of Licensed Premises 

E. Knowingly 

F. Employ 

G. Person Who Had Been Convicted Of An Offence Under 

[i] Liquor Act (Ch. 144); or 

[ii] An Act In Force Regulating The Sale Of Liquor, To Sell, Control Or Supervise The Sale Of Liquor Or To Have The Custody Or Control Of Liquor On Any Licensed Premises

[50.8.4] Licensed Premises 

Notwithstanding the provisions of sections 2 and 46(2), for the purpose of this section, the term 'Licensed Premises' shall be deemed to include premises or a place in respect of which a club licence has been granted, see section 73(3) of the Liquor Act (Ch. 144).

[50.8.5] Person Under The Age Of 21 Years 

The prosecution must prove 'beyond reasonable doubt' that the person involved was under the age of 21 years. 

In that regard refer also to the law relating to the 'Proof Of Age' commencing on page 702.

[50.8.6] Licensee 

The term 'Licensee' is defined as meaning 'a person to whom a licence has been granted', see section 2 of the Liquor Act (Ch. 144).

[50.8.7] Sentencing 

Section 73(2) of the Liquor Act (Ch. 144) provides that if a defendant is found guilty of an offence against that section, he/she is liable 'to a fine of two hundred dollars'. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[50.9] Right Of Entry 

[50.9.1] Offences 

Section 84 of the Liquor Act (Ch. 144) states: 

'(1) Any police officer may, for the purpose of preventing or detecting the violation of any of the provisions of this Act, at all times enter on any licensed premises or the premises of any club licensed under Part VI ['Clubs']. 

(2) If any person by himself or by any person in his employ, or acting by his direction or with his consent, refuses or fails to admit any police officer in the execution of his duty demanding to enter in pursuance of this section, that person shall be guilty of an offence […]. 

(2)               Any police officer may demand the name and address of any person found on licensed premises within the period when, under the provisions of this Act, they are required to be closed, and, if he has reasonable ground to suppose that the name and address is false, may require evidence of the correctness of such name and address and may, if such person fails upon such demand to give his name and address or satisfactory evidence of the correctness of such name and address, arrest him without warrant. 

(4) Any person required by any such police officer to give his name and address who fails to give the same or gives a false name and address, or makes a false statement with respect to such name and address, shall be guilty of an offence […].' (emphasis added) [words in brackets added]

[50.9.2] Refuse Or Fail To Allow Entry

[A] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] did [(himself/herself) or by a person namely [specify name of person] [in (his/her) employ or acting (by [his/her] direction or with [his/her] consent)] [refuse or fail] to admit a police officer namely [specify name and rank] in the execution of [his/her] duty who had demanded to enter a [licensed premises or club licensed under Part VI of the Liquor Act (Ch. 144)] namely [specify name of licensed premises or club].'

[B] Elements 

A. Defendant 

B. Place 

C. Date 

D.        [i] Himself/Herself; 

[ii] Person In His/Her Employ; 

[iii] Person Acting By His/Her Direction; or 

[iv] With His/Her Consent

E.         [i] Refuse; or[

ii] Fail 

F. Admit Police Officer In The Execution Of His/Her Duty Who Had Demanded To Enter 

[i] Licensed Premises; or 

[ii] Licensed Club Licensed Under Part VI of the Liquor Act (Ch. 144)

[C] Sentencing 

Section 84(2) of the Liquor Act (Ch. 144) provides that if a defendant is found guilty of an offence against that section, he/she is liable 'for a first offence to a fine of fifty dollars and for a second or subsequent offence to a fine of one hundred dollars'. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[50.9.3] Fail To Give Name & Address Or Give False Name & Address Or Make A False Statement 

[A] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] when required by a police officer namely [specify name and rank] acting in the execution of [his/her] duty under the provisions of the Liquor Act (Ch. 144) at licensed premises namely [specify name of licensed premises] to give [his/her] name and address did [fail to give (his/her) name and address, give a false name and address or make a false statement with respect to (his/her) name and address].'

[B] Elements 

A. Defendant 

B. Place 

C. Date 

D. When Required By A Police Officer Acting In The Execution Of His/Her Duty Under The Provisions Of The Liquor Act (Ch. 144) At Licensed Premises To Give His/Her Name And Address Did 

[i] Fail To Give His/Her Name And Address; 

[ii] Give A False Name And Address; or 

[iii] Make A False Statement With Respect To His/Her Name And Address

[50.9.4] Sentencing 

Section 84(4) of the Liquor Act (Ch. 144) provides that if a defendant is found guilty of an offence against that section, he/she is liable 'to a fine of seventy - five dollars'. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[50.10] Police Powers

[50.10.1] Generally 

The following are the relevant 'Police Powers' under the Liquor Act (Ch. 144): 

[i] For the purpose of preventing or detecting the violation of any of the provisions of the Liquor Act (Ch. 144) any police officer may enter on any licensed premises or the premises of any club licensed under Part VI of the said Act.

 (see section 84) 

[ii] Any police officer may demand the name and address of any person found on licensed premises when it was required to be closed under the Liquor Act (Ch. 144). 

 (see section 84) 

[iii] If the person fails to provide his/her name and address, he/she may be arrested.  

 (see section 84) 

[iv] If the police officer has reasonable ground to suppose that the name and address provided is false, correctness thereof may be required. If the person fails to provide satisfactory evidence of the correctness of his/her name and address, he/she may be arrested. 

 (see section 84) 

[v] A police officer of or above the rank of Sergeant may enter and inspect any licensed premises in order to determine whether the licensee is of drunken habits or keeps a disorderly house. 

 (see section 54) 

[vi] Any police officer may seize and take away all liquor which he/she reasonably suspects was offered or exposed for sale by a person not holding a licence to sell liquor and every vessel containing or used for drinking or measuring the same, and every cart, dray, or motor or other vehicle, and every horse or animal carrying or drawing the same, and every vessel conveying the same. Such evidence must be conveyed to the nearest Magistrate. 

 (see section 59) 

[vii] Any officer may at all reasonable times in the day or the night, enter any shop licensed to sell liquor or adjoining building to which the public normally has access in the possession or control of any person owning or managing the shop for the purpose of determining whether the owner or manager of the shop is/has committing / committed an offence against the Liquor Act (Ch. 144). 

However a search warrant must be obtained for such purpose, unless the officer has reasonable cause to believe that the delay occasioned in obtaining a search warrant would seriously hinder the officer in the performance of his/her duties. 

 (see section 63) 

[viii] Any police officer who believes on reasonable grounds that a premises is being used without the written approval of the responsible Minister may enter using such force as may be necessary any such premises in which it is suspected that there is unlawful brewing or distilling of liquor and seize anything used in connection with the unlawful brewing or distilling of liquor and all liquor suspected of having been unlawfully brewed or distilled. 

 (see section 51) 

[ix] Any police officer may inspect at all reasonable times during day or night the lists of members, temporary members and visitors to be kept by club secretaries of licensed clubs, as required by section 48(2) of the Liquor Act (Ch. 144). 

 (see section 48) 

[x] It is the duty of all police officers, on the demand of a licensee or his/her agent or servant, to expel or assist in expelling from licensed premises every person who is drunk, violent, quarrelsome, disorderly, or uses profane or foul language or suffering from a infectious disease. 

 (see section 69) 

[xi] Considering that the only 'cognisable offences' as provided for by the Liquor Act (Ch. 144) are offences against section 84 relating to the provision of a correct name and address and section 50(2) ['Restriction On Making Liquor'] defendants must therefore be found committing all other offences in the presence of a police officer before such persons can be arrested without warrant, see section 18 of the Criminal Procedure Code (Ch. 7). 

 If a defendant is not found offending, proceedings must be instituted by the making of a complaint before a Magistrate for the issuance of either a 'Complaint and Summons' or a 'Warrant of Arrest', see section 76(1) of the Criminal Procedure Code (Ch. 7). 

[xii] Any police officer may seize and take away, and may convey to the nearest Magistrate, all liquor which he/she may reasonably suspect to be carried about, offered or exposed, for sale in any street, road, footpath, booth, tent, store, shed or vessel, or in any other place whatsoever, by any person not holding a license to sell the same therein respectively; and may also seize every vessel containing or sued for drinking or measuring the same, and every cart, dray, or motor or other vehicle, and every horse or animal carrying or drawing the same, and every vessel conveying the same. 

(see section 59) 

[xiii] When any riot or tumult occurs or is expected to occur in any place, any Magistrate, or any police officer of or above the rank of Inspector may order any licensed premises in or near such place to be closed for such time as such Magistrate or police officer may order, and any person carrying out such order may use force as may be necessary for closing such licensed premises.

 (see section 83) 

Refer also to the Chapter titled 'Power To Arrest' commencing on page 242.

[50.10.2] Search Warrant 

Section 61 of the Liquor Act (Ch. 144) provides that upon complaint on oath before a Magistrate, a 'search warrant' may be issued to search a place at or in which any liquor had been sold although such place was not licensed for such purpose. 

The term 'Place' is not defined in either the Liquor Act (Ch. 144) or the Interpretation & General Provisions Act (Ch. 85). The natural and ordinary meaning of that term in the context of the section 61 of the Liquor Act (Ch. 144) would include parks and other areas of land as distinct from buildings. 

Upon the seizure of the liquor, the Magistrate may thereupon issue a summons calling upon the occupier of such place to appear before the court to show how, and for what purpose he/she became possessed of such liquor. Upon him/her so appearing, or if after being so summonsed, he/she should fail to appear, the court should inquire into the matter, and if it is satisfied by reasonable proof that any liquor was in such place for the purpose of being illegally sold, the court may adjudge the same, and also every such vessel, to be forfeited; and the same shall be sold and the proceeds of the sale, after payment thereout of any costs awarded by the court, shall be paid into the Provincial Fund, see section 61 of the Liquor Act (Ch. 144). 

Forfeiture under section 61 does not exempt the occupier of the place in which liquor is found from being prosecuted for selling liquor without a license under section 57(1) of the Liquor Act (Ch. 144). 

Refer also to the 'Issuance Of Search Warrants' under the Criminal Procedure Code (Ch. 7) which is examined commencing on page 259. 

Considering that the forms to be used have not been prescribed in either the Liquor Act (Ch. 144) or the Magistrates' Courts (Forms) Rules, the following forms have been prepared in compliance with section 61 of the Liquor Act (Ch. 144): 

·                     'Complaint To Ground Search Warrant', a copy of which is on page 838; and 

·                     'Search Warrant', a copy of which is on page 839.

_________________

COMPLAINT TO GROUND SEARCH WARRANT

(Liquor Act S. 61)

on his / her oath suspects and believes that liquor had been sold at or in a place not licensed for such purpose at

says that:

Sworn )

this day of 200 )

Before me:

Magistrate

SEARCH WARRANT

(Liquor Act S. 61) 

To all Police Officers within Solomon Islands 

of

has this day made on oath before me that he / she suspects and believes that liquor had been sold at or in a place at

not licensed for such purpose. 

And it appears to this Court that there is reasonable grounds for such suspicion and belief. 

You are therefore hereby authorised and commanded in Her Majesty's name, by day or night, to enter the said place and if entry is not provided within a reasonable time after demand then enter by force. 

And therein diligently search for all liquor which is then and there found and every vessel in which the liquor is found. 

And bring the said liquor and vessels so found before this Court to be dealt with according to law. 

Magistrate