Quilici

The Department of Alcoholic Beverage Control ordered respondent’s on-sale liquor license suspended for 30 days. The Alcoholic Beverage Control Appeals Board af *550 firmed the decision. The superior court issued peremptory writ of mandate requiring the department to set aside its order. Department and board appeal.

At the administrative hearing a policewoman testified that on seven or eight occasions over a period of one month she had, in licensee’s bar, placed bets on horseraces with licensee’s bartender, Spangle. She also saw others place bets with Spangle in the bar. Spangle pleaded guilty to bookmaking. Although the policewoman occasionally saw defendant licensee in the bar, she saw no bets placed while he was present.

The question is whether disciplinary action against a licensee is warranted in the absence of some evidence of personal knowledge by him of his employee’s use of the premises to violate the law. Respondent concedes that such knowledge is not always essential to support suspension or revocation of a license. This concession is compelled. (Mantzoros v. State Board of Equalization, 87 Cal.App.2d 140, 144-145 [ 196 P.2d 657 ].) But, says respondent, such eases…