Allen v Whitehead

Facts

Allen owned a refreshment house and employed a manager. After a police warning he forbade prostitutes to assemble and put up a notice. He visited once or twice a week. On eight consecutive days, women known to the manager to be prostitutes stayed from evening until early morning. He was charged under section 44 of the Metropolitan Police Act 1839 with knowingly permitting them to meet there.

Issue

Is the owner's ignorance a defence where he has delegated management?

Held

No. The manager's knowledge was imputed to him, because he had delegated the management of the house, not merely because the manager was an employee.

Principle

Where a statute places a personal duty on a licensee or occupier, full delegation carries the delegate's knowledge with it.

Why it matters

Vane v Yiannopoullos holds that the delegation must be complete.

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