20
performing or omitting to perform an act and such performance or omission would have
constituted an offence had it been done by the person, that person is equally guilty of the
offence if the act or omission fell within the scope of the authority or employment of the
manager, agent or employee concerned and the person(a) either connived at or permitted the act or omission by the manager, age nt
or employee concerned; or
(b) did not take all reasonable steps to prevent the act or omission.
(2) For purposes of subsection (1), the fact that a person issued instructions
prohibiting an act or omission is not in itself sufficient proof that all reasonable steps
were taken to prevent the act or omission.
CHAPTER 6
NATIONAL LIQUOR POLICY COUNCIL (ss 37-40)
37 Establishment of Council
There is hereby established a National Liquor Policy Council.
38 Composition of Council
(1) The Council consists of(a) the Minister;
(b) for each province, the Member of the Executive Council responsible for
liquor licensing in that province;
(c) the Director-General, or other employee of the department designated by
the Director-General; and
(d) for each province, one person designated(i)
in terms of applicable provincial legislation; or
(ii)
by the Member of the Executive Council responsible for liquor
licensing in that province.
(2) The Minister chairs the Council.
(3) The members contemplated in subsection (1) (c) and (d) have no vote on the
Council.
39 Functions of Council
(1) The Council is a forum for intergovernmental co-operation contemplated in
section 41 (1) (h) of the Constitution.
(2) The functions of the Council are(a) to consult on(i)
national norms and standards for the liquor industry;
(ii)
national policy in respect of the liquor industry;
(iii)
liquor legislation or regulations, including the promotion of uniform
national and provincial legislation in respect of liquor norms and
standards;
(iv)
any matter concerning the liquor industry within the national and
provincial spheres of government;
(v)
any matter concerning the management or monitoring of the liquor
industry in the Republic, or licensing in any province;
(vi)
any other matter that may be referred to it by a member of the
Council;
(b) to promote and facilitate intergovernmental relations in respect of the
liquor industry; and