Cundy v Le Cocq (1884) 13 QBD 207
Citation:Cundy v Le Cocq (1884) 13 QBD 207
Rule of thumb: What happens if bars/nightclubs serve a person who is obviously drunk? The bar/nightclub is committing a public disorder offence by serving the person.
Judgment:
The basic facts of this case were that Le Coq ran a bar and served a man who was drunk. Le Coq was later prosecuted for serving a drunk man. Le Coq tried to argue that he was not aware the man was drunk, but there were several witnesses who affirmed that the man was all over the place, and should not have been served. The Court held that Le Coq had served a man who was drunk and was therefore guilty of a public order offence.
Ratio-decidendi:
‘Here, as I have already pointed out, the object of this part of the Act is to prevent the sale of intoxicating liquor to drunken persons, and it is perfectly natural to carry that out by throwing on the publican the responsibility of determining whether the person supplied comes within that category’. Stephen J
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