The extent of a licensee's responsibility for drunk persons both on and off licensed premises is of great concern for all licensees and warrants three separate snapshots of which this is the first.
It is an offence under the Liquor Control Act for a licensee personally or by an employee to:
Licensees may be fined up to $10,000 and employees up to $4,000 for each offence. Licensees may also potentially face civil proceedings for drunk persons at law for breach of a duty of care.
In 2004 the High Court upheld the New South Wales Court of Appeal's finding that a publican's duty of care to a customer does not generally require the taking of care to prevent harm caused by the customer's own intoxication. Some courts have identified possible exceptions to this general rule which may include cases involving intellectually impaired and mentally ill drinkers, drinkers who become unconscious and those who are completely incapable of looking after themselves.
The best safeguard against this is for licensees is to ensure staff are well trained in respect of their key responsibilities, patrons are effectively monitored and appropriate signage is prominently displayed. Considerable effort should be made to avoid patrons becoming drunk.
If you have any queries regarding this snapshot or other aspects of liquor licensing please contact Dan Mossenson (9288 6769 / dan.mossenson@lavanlegal.com.au) or Dominique Hartfield (9288 6940 / dominique.hartfield@lavanlegal.com.au).
