Vane v Yiannopoullos

Facts

A licensee was on the premises, serving elsewhere, when a waitress sold intoxicating liquor in breach of the condition of the licence. He had instructed her about the condition. He was charged on the basis that her act was his.

Issue

Had he delegated management?

Held

No. Lord Reid confined the delegation principle to the case where the licensee is absent and has left someone else in charge. Being on another floor, with a waitress who disobeys instructions, is not a complete delegation.

Principle

Delegation is not presumed from the mere fact of employment. It must be a handing over of the management.

Why it matters

It limits Allen v Whitehead.

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