Licensed premises' duty of care to patrons - High Court of Australia in Scott

Drink...Drunk...Your decision...Your responsibility! Licensed premises' duty of care to patrons - C.A.L. No 14 Pty Ltd v Motor Accidents Insurance Board; C.A.L. No 14 Pty Ltd v Scott [2009] HCA 47 (Scott)

The HCA in Scott considered the scope of the duty owed at common law by licensees to patrons within the particular factual matrix and determined that even if the licensee owed a duty of care as alleged and the duty was breached, the breach did not cause the patron to suffer the injuries that resulted in a fatal road accident.

The decision confirms the willingness of the HCA to impose on patrons an obligation of personal responsibility, even when intoxicated, subject to exceptional circumstances.

This is one of two noteworthy decisions recently handed down by the HCA that considered the duty of care owed by licensed premises and licensees. In the other decision, Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v Bou Najem [2009] HCA 48, the HCA found that the absence of security personnel at a restaurant in NSW did not cause two patrons to be shot on its premises. The restaurant was found not to be liable for the injuries sustained by the two patrons.

In both decisions the HCA found that the alleged conduct on the part of the licensed premises and licensee did not cause the alleged loss and damage.

Background to Scott On 24 January 2002 Mr Scott went to the Tandara Motor Inn (the Hotel), where he consumed alcoholic beverages with a friend. Mr Scott had his wife's motorcycle at the Hotel. A rumor was circulated that the police were operating a 'police breathalyser' or 'police speed camera' near Mr Scott's home. Mr Scott's friend suggested that Mr Scott should place his wife's motor bike in a room at the Hotel and hand the keys to the licensee, which he did. It was the licensee's understanding that Mr Scott's wife would collect him from the Hotel and he would collect the motorcycle the following day. Approximately 2 hours later, Mr Scott's friend's wife came to the Hotel to collect her husband and on two or three occasions she also offered to drive Mr Scott home. Mr Scott refused the offer and said that he would telephone his wife to collect him. After his friend left, Mr Scott placed his head on his hands on the bar, at which point the licensee: ...told Mr Scott he had had enough, said it was time to go home, and asked for Mrs Scott's telephone number so that she could be contacted to come and get him. According to a witness present in the bar at that time, Mr Scott responded: ...If I want my wife, I'll f***en ring her myself. The licensee gave evidence that Mr Scott became agitated and said: ...If I want you to ring my f***in' wife, I'd f***in' ask ya. Mr Scott left the bar for a short period and when he returned he asked the licensee for the motorcycle and keys to be returned. The licensee asked Mr Scott on three occasions whether he was 'right to ride' and...