Intoxicating Liquor Act, 1962

Presumption of existence of licences in certain prosecutions.

23.—In a prosecution for an offence in relation to prohibited hours in respect of premises—

(a) it shall be presumed, until the contrary is proved, that a licence of the character and subject to the conditions (if any) alleged by the prosecution is in force in respect of the premises, and

(b) if the defendant proves that at the time at which he is alleged to have committed the offence with which he is charged a licence was not in force in respect of the premises, the Court before which the prosecution is heard shall treat the charge as a charge of an offence contrary to section 7 (which prohibits the sale of intoxicating liquor without a licence) of the Act of 1924, and a conviction under the said section 7 shall not be reversed merely on the ground that a licence in respect of the premises is subsequently obtained by the defendant.