CAP. 132]
Hawker (Urban Council) By-laws
[1987 Ed.
56. (1) [Deleted, L.N. 143/87]
[Subsidiary]
Offences and penalties.
L.N. 296/87.
L.N. 346/89
L.N. 296/87.
(2) Any licensee who contravenes any of the provisions of these by-laws 5(2), 13(1), 15(1), 15(3), 16, 22 to 24, 25(2), 28(3), 28(4), 30(1), 32, 33(3), 34(1), 34(4), 37 to 39, 45 to 48, 49(3), 51(1), 51(3), 51(5), 52, 54 and 55 is guilty of an offence, and is liable on conviction to a fine of $1,500 and, in the case of a continuing offence, is liable to a further fine of $50 for each day during which the offence has continued.
(2A) Any licensee who contravenes by-law 53 is guilty of an offence and is liable on conviction to a fine of $2,500 and to imprisonment for 1 month and, in case of a continuing offence, to a further daily fine of $50.
(3) Any licensee, or any assistant employed by a licensee, who contravenes by-law 51(4) or (6) is guilty of an offence, and is liable on conviction to a fine of $1,500.
(4) Any person, being a former licensee or the personal representative of a deceased licensee, who fails to comply with by-law 20 is guilty of an offence, and is liable on conviction to a fine of $500.
(5) Any person (whether a licensee or otherwise) who contravenes any of the provisions of by-laws 14, 15(2), 29, 36, and 44 is guilty of an offence, and is liable on conviction to a fine of $1,500 and, in the case of a continuing offence, to a further fine of $50 for each day during which the offence has continued.
(6) Any person who acts as the deputy of a licensee when he knew or ought to have known that the licensee had not obtained permission from the Council for him to act in that capacity is guilty of an offence, and is liable on conviction to a fine of $2,500 and, in the case of a continuing offence, to a further fine of $150 for each day during which the offence has continued.
(7) Any person (whether a licensee or otherwise) who, for the purpose of obtaining any licence, permission, or approval under these by-laws, either for himself or any other person, makes any representation, whether oral or written, to the Council or any employee or agent of the Council being a representation which he knows to be false as to a material particular is guilty of an offence, and is liable on conviction to a fine of $5,000 and to imprisonment for 6 months.
(8) Where a particular degree of fault is not specified in respect of an element of an offence against these by-laws, that offence nevertheless requires negligence in the defendant as to that element. In any such case negligence may be treated as established in the absence of proof to the contrary. Where the fault proved by the evidence is of a higher degree than negligence, negligence shall be taken as established.
(9) For the purposes of paragraph (8) a person is negligent if he fails to exercise such care, skill, or foresight as a reasonable man in his situation would exercise.