Rex v Mackintosh [1908] ZAHCORC 5 (2 March 1908)

Liquor Law.-License.-Days of grace.-Sale of liquor during prohibited hours.-Retrospective effect of license.-Review.-Sec. 6 of Ordinance 38 of 1903.

Sec. 37 of Ordinance 10 of 1903 allows twenty-one days' grace between the expiry of an old license and the time when it becomes necessary to take out a new one. When a man commits an offence under the Liquor Law as a licensed holder between the expiry of his old license and the renewal he cannot be prosecuted for contravening the terms of the license or for selling liquor without a license till the completion of the days of grace, after which date, if the license is renewed by the holder, it becomes retrospective; if not, the holder may be prosecuted for having sold liquor without a license within the period of grace.