Revised Laws of Saint Lucia (2021)

63.   Provisions where licence-holder incurs a penalty and is without the State

Where by the provisions of this Act the holder of a licence is made liable to a penalty in respect of any offence and a charge is preferred alleging such offence, the following proceedings shall be lawful, that is to say—

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    (a)     the summons may be served in the manner prescribed by law, or by leaving the same with any person who is apparently a clerk or servant found on the premises for which the licence is granted, or if no such person can be found, by affixing the same in a conspicuous manner to the outer door or outer wall of the premises;

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    (b)     where the holder is without the State, his or her attorney or agent may appear on his or her behalf; and

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    (c)     where the holder is without the State, either at the time of the offence charged or at the time when the summons is served, the magistrate on being satisfied as to the serving of the summons as hereinbefore authorised, shall proceed to investigate the matter of the charge, whether any attorney or agent appears for such holder or not, and if the offence is proved, may order the penalty to be paid and to be levied upon the goods and chattels of the holder of the licence by distress, but where it is not shown that the holder left the State to avoid service of the summons upon him or her personally, the magistrate shall not make order or direct that the holder shall be imprisoned, either in default of sufficient goods or chattels being found or otherwise;

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    (d)     however, if the penalty has not been paid, or satisfied by distress, and the defendant returns to State, he or she may on application to that effect be ordered to undergo imprisonment in case of non-payment as soon as possible, or within such time as the court may direct.

OFFENCES AGAINST PUBLIC ORDER