Bayne v Blake

In *Bayne v Blake*, the High Court of Australia considered an appeal from a decision of the Supreme Court of Victoria concerning a prosecution under section 91 of the *Licensing Act 1906* (Vic). The appellant, Bayne, was the licensee of a hotel, and the respondent, Blake, was a police officer who laid the information. The dispute arose from an incident where Blake found a person on the licensed premises during prohibited hours on a Sunday.

The central legal issue before the High Court was whether the presence of a person on licensed premises outside of permitted trading hours on a Sunday constituted a breach of section 91 of the *Licensing Act 1906* (Vic), notwithstanding any potential exceptions or justifications for that presence. The court was required to interpret the scope and application of the prohibition contained within that section.

The High Court held that section 91 of the *Licensing Act 1906* (Vic) created a strict prohibition against the sale of liquor to the public on licensed premises during prohibited hours, and that the presence of a person on those premises during such times was prima facie evidence of a contravention. The court reasoned that the purpose of the section was to prevent Sunday trading and that the licensee bore the onus of demonstrating that the person's presence was not for the purpose of obtaining liquor. The court found that the evidence presented did not establish any such lawful reason for the person's presence.

Consequently, the High Court dismissed the appeal, upholding the decision of the Supreme Court of Victoria.