Can a master be held liable if a servant sells a bottle of porter to a child as young as nine years old?

Saskatchewan, Canada


The following excerpt is from R. v. North Western Hotel Company, 1943 CanLII 160 (SK QB):

In Emary v. Nolloth [1903] 2 K.B. 264, 72 L.J.K.B. 620, where a licensee was in charge and control of the premises and contrary to his orders and unknown to him a servant sold an uncorked and unsealed bottle of porter to a child nine years of age, contrary to the statute, Lord Alverstone found “where the licence-holder himself remains in charge and control, the mere fact that one of his servants disobeys his orders does not make the master liable.”

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