A RESULT earlier this year in the High Court of Australia over an appeal concerning the duties owed by liquor suppliers to their bar customers (Cole v South Tweed Heads Rugby League Club) has very important consequences for all licensees who sell liquor in house.
Ms Cole, the injured drinker, claimed the club was duty bound to have served her more responsibly to prevent her becoming intoxicated, should have monitored her level of intoxication and also have assumed greater responsibility to prevent her leaving the premises on foot.
These claims were made despite the fact bar staff had ceased serving her drinks at 12.30pm and required her to leave five hours later due to her rude behaviour and intoxication.
Further, the club manager had offered her two different means of safe transport home.
Ms Cole left with two people who said they would look after her.
Shortly afterwards she was hit by a car while walking home.
In the original trial the New South Wales Supreme Court held the club partly liable.
Three Full Court judges on appeal subsequently found she had voluntarily assumed the risk and they overturned the judgement.
Four out of the six High Court judges recently found the club was not liable.
The club was held by the majority of the High Court to have discharged its duties by ceasing to serve Ms Cole, attempting to have her leave the premises and by trying to arrange transport home.
Principles of autonomy, freedom and privacy did prevail in the circumstances of the case.
While those in the liquor industry can justifiably feel greatly relieved by this outcome, the result could well have gone the other way had the club been any less vigilant.
The case puts beyond any doubt that harm minimisation policies together with responsible service practices have become entrenched features of liquor service.
The obligations cannot be overlooked by those who make a living from liquor sales.
Interestingly, the case also raises a number of social issues by implication.
It highlights the need for great care outside the liquor industry to those involved in social drinking at home, in the office and at private functions.
Whenever a person supplies liquor to another on premises owned or occupied by the supplier and the drinker becomes drunk as a consequence, questions of potential liability for the injury to the drinker immediately become less relevant.
Jessica Patterson, solicitor
9288 6946
Dan Mossenson, chairman of partners
9288 6769
