Facebook WhatsApp NewsLocal NewsTest purchase leads to two-day closure and €500 fine for retailerBy admin – March 15, 2012 673 Print Previous articleBloody Sunday 40 years on – ‘Carthaginians’ Next articleGood news on way for Kilmallock area roads admin A TOPAZ filling station in Limerick has been ordered to close its off-licence sales for a period of two days after a test purchase made by an underage girl on behalf of An Garda Siochana, revealed that the shop assistant never asked for ID. Ard Services, with a registered address at Deansgrange Road, Dublin, the company responsible for 113 Topaz sites nationwide, 108 of which are licenced to sell intoxicating liquor, was before the court answering a summons charge after gardai detected the underage purchase on January 21, 2011.Sign up for the weekly Limerick Post newsletter Sign Up Evidence was given that Sgt McMahon, attached to Mayorstone Garda Station, arranged with an underage minor to purchase six bottles of Heineken at the Caherdavin depot of Topaz, on the Ennis Road.The youth was to meet at a pre- arranged venue and the purchase that was observed by Sergeant McMahon.The court heard that the female store assistant failed to follow the in-house or legal procedures in asking for identification to verify that the purchaser was of age.The defence counsel addressed Judge Aingeal Ni Chonduin, stating that she represented Ard Services and was entering a plea of guilty to the charges contrary to section 31 (2) and (3) of the Intoxicating liquor act 1988 as amended.Ard Services apologised to the court and were very regretful of the situation as it is the policy and practice of the company to look for relevant identification from purchasers of alcohol should they look underage.It was outlined that the company had previously, and since the incident, passed all test purchases and had a clean record.Evidence of the training procedures, as well as the “on screen” till operator prompts that appear during the sale of alcohol, were shown to the court.It was said that the company takes the matter of selling alcohol on its sites very seriously.Ard Services, through its Topaz outlets, is also a member of RRAI, the Responsible Retailers of Alcohol in Ireland, a group set up in 2009 to implement the RRAI voluntary Code of Practice on the display and sale of alcohol products in mixed trading premises.Judge Ni Chonduin heard that the company’s compliance manager was in court to offer evidence and to outline the operator’s normal code of conduct.Counsel for Ard Services said that they take “the sale of alcohol very seriously and are very well aware of the consequences of breaches of legislation”.She added that it is a dismissible offence for an employee to sell alcohol to a minor who is not of age. The court heard that the employee had left the company a few days afterwards.Evidence was also given that the site, and other Topaz sites, had passed subsequent test purchases.Judge Ni Chonduin heard that this was the company’s first offence before the courts for all of its sites nationwide, and added that she did take into account that the company was compliant and fully proactive in preventing the sale of alcohol to minors at any of its sites.Imposing the mandatory closure order for the sale of alcohol, of two days, at the Caherdavin petrol station, Judge Ni Chonduin warned that a second offence would have a mandatory closure order of seven to 30 days, and that would have an effect nationwide.Due to the early plea and the subsequent and normal measures that the company enacts at it’s mixed retail sites, the maximum fine of €3,000 was not imposed and Ard Services was fined €500 and given 30 days to pay. Advertisement Twitter Linkedin Email
Wild Life Act: Supreme Court Upholds Quashing Of Criminal Proceedings Against Man For Possessing ‘Indian Flap Shell Turtle’
News UpdatesWild Life Act: Supreme Court Upholds Quashing Of Criminal Proceedings Against Man For Possessing ‘Indian Flap Shell Turtle’ LIVELAW NEWS NETWORK10 Dec 2020 9:18 AMShare This – xThe Supreme Court upheld a Kerala High Court quashing criminal proceedings under Wildlife Act against a man for hunting and possessing Indian Flap Shell Turtle.The High Court had quashed the proceedings on the ground that the Turtle seized was not that species of Turtle which is included in Part II of Schedule I of the Wild Life (Protection) Act, 1972. The Supreme Court, allowing the appeal…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court upheld a Kerala High Court quashing criminal proceedings under Wildlife Act against a man for hunting and possessing Indian Flap Shell Turtle.The High Court had quashed the proceedings on the ground that the Turtle seized was not that species of Turtle which is included in Part II of Schedule I of the Wild Life (Protection) Act, 1972. The Supreme Court, allowing the appeal filed by the State had set aside the High Court judgment. Later, the accused filed review petition which was allowed and the earlier order was recalled.The bench comprising Justices Ashok Bhushan and Indu Malhotra noted that the Veterinary Surgeon who examined the Turtle seized from him had identified it as ‘Indian Flap Shell’ and the scientific name “Lissemys Punctata”. whereas Item No.8, Schedule I Part II is about ‘Indian Soft-shelled Turtle (Lissemys punctata punctata)’. The court observed that, section 9 of the Act prohibits hunting of any wild animal under Schedule I, II, III and IV except as provided under Sections 11 and 12, that Sections 11 and 12 are the provisions where hunting is permitted by the permission of Chief Wild Life Warden, that in case a person hunts any of the wild animals which are included in 7 Schedule I to IV, it becomes an offence inviting the penalty under Section 51 of the Act.”A perusal of the letter given by the Veterinary Surgeon as extracted above indicates that Veterinary Surgeon has identified the Turtle as ‘Indian Flap Shell (Lissemy’s Punctata)’ whereas the Turtle which is included in Part II of Schedule I of the Act, 1972 is “Indian Soft-shelled Turtle (Lissemys punctata punctata).” Lissemys punctata is a species of which Lissemys punctata is infraspecies. Although Lissemys punctata is included in Part II of Schedule I of the Act, however, the Turtle which has been seized is not that which is included in Part II of Schedule I. In the facts of the present case, on the face of it, the Turtle seized is not included in Schedule I Part II and the Turtle having already been freed on the second day of its seizure, the High Court did not commit any error in quashing the criminal proceedings registered for Wild Life offences.”, the bench observed while upholding the High Court order.CASE: TITTY ALIAS GEORGE KURIAN vs. THE DEPUTY RANGE FOREST OFFICER [REVIEW PETITION (CRL.) NO. 593 OF 2018]CORAM: Justices Ashok Bhushan and Indu Malhotra Appearance : Advocate M R Abhilash for the petitionerClick here to Read/Download JudgmentRead JudgmentSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
The going is said to be heavy following torrential rain overnight.According to Clonmel racecourse spokesman Eugene Cooney the clerks of the course are still monitoring the situation.With a clearance on the way officials are hopeful that one of their biggest meetings of the year will take place. All eyes will be on the feature race at Clonmel this afternoon, when the Clonmel Oil Chase goes to post at 2:25.11 entries will be looking to emulate the Willie Mullins-trained Arvika Ligeonnaire, who won last year’s instalment of the Grade 2 National Hunt Chase.Most fans will be looking out for Sizing Europe- Henry de Bromhead’s 12-year-old won the race in 2012 and is favourite to repeat that success.However, he’ll face stiff competition from the likes of the Mouse Morris-trained First Lieutenant, as well as fellow Grade 1 winner Champagne Fever.That’s not all that’s on offer though -with Byerley Babe and Une Artiste topping the entries for the Grade 3 EBF T.A. Morris Memorial Mares Steeplechase, which is off at 2:55.The first race is due off at 12.55.