
    Matter of the Petition of Maynard N. Clement, as State Commissioner of Excise, for an Order Revoking and Canceling Liquor Tax Certificate No. 21614, Issued to Martin Muldoon.
    (Supreme Court, Ontario Special Term,
    September, 1909.)
    Intoxicating liquors — Revocation or forfeiture of license — Grounds for forfeiting license — Violations of law; Unintentional violations.
    In a proceeding by the State Commissioner of Excise for the cancellation of a liquor tax license upon the ground of a violation of the law in permitting a person under eighteen years of age to serve liquors, it is not a defense that the person licensed did not knowingly or purposely commit such violation.
    Proceeding for the cancellation of a liquor tax certificate.
    Russel Headley (Horace W. Fitch, of counsel), for petitioner.
    Wynkoop & Rice (Geo. D. Peck, of counsel), for respondent.
   Benton, J.

It is established from the evidence in this case that Harold J. Robinson was employed by Martin Muldoon, that he was under the age of eighteen years and that the said Martin Muldoon did. permit him, Harold J. Robinson, to serve liquors upon the premises in violation of subdivision f of section 30 of the Liquor Tax Law. I also find that the said Martin Muldoon did not knowingly, purposely or with knowledge violate the said provision of the law. This, however, is not a defense. The act is made prohibitive and it is mandatory, regardless of intent, that the person authorized to traffic in liquors shall not permit a minor under eighteen years of age to serve any upon the premises. Martin Muldoon was authorized to traffic in liquors and he did permit this minor, Harold J. Robinson, being under eighteen years of age, to serve liquor upon the premises.

Hence, the allegation of the petition is established and judgment must be decreed accordingly. Proper papers may be drawn and submitted therefor.

Judgment accordingly.  