The Officer received his drinks and departed the premises. The barmaid on duty did not recall selling the Officer an alcoholic beverage to go. The barmaid was extremely busy. Licensee was using plastic cups that evening for service of all alcoholic beverages. The Bureau has failed to prove that Licensee, by servants, agents or employes, sold, furnished or gave liquor for consumption off premises, on March 16, 1997.
Strict liability is actually a narrowly prescribed rule of law.
It assesses responsibility without fault. A matter is one of strict liability when neither care nor negligence, neither good nor bad faith, neither knowledge nor ignorance will save the defendant. Nonetheless, intent may very well be a crucial element in this administrative process. In this matter, Licensee has been charged with having sold, furnished or given liquor for consumption off premises. The selling, furnishing or giving of liquor must be for the purpose of, off-premises consumption.