18 Dec 2009

Following a recent rise in glassings and assaults, Maria Skordou from national plaintiff law firm Shine Lawyers says the Adeels Palace judgement has clear implications in Queensland.

“The High Court's decision should sound a warning to licensees to take reasonable steps to prevent harm to patrons from the violent, aggressive or disorderly conduct of other persons,” said Ms. Skordou. “They have obligations to patrons and a duty of care.”

The Australian Hotels Association has publically welcomed another significant ruling handed down by the High Court on the same day as the Adeels Palace matter, in which a publican successfully appealed his duty of care to a patron after he was killed following a drinking session.

“That decision highlighted the issue of self-responsibility when you go out to have a few drinks”, said Ms.Skordou, “But let’s not forget pubs make money out of serving alcohol to people.”

While this second ruling effectively makes patrons responsible for their own actions, Ms. Skordou said it won’t provide blanket protection to licensed premises.

“That decision shouldn’t be interpreted as open season for pubs.”

“It left open the question of a publican’s duty of care for a third party harmed by a patron, which as we’ve seen is sadly happening too often, whether it’s glassings, bashings or drink drivers on our roads.” said Ms.Skordou.

Licensed premises have obligations under the Liquor Act 1992 to maintain a safe environment for patrons and staff on its premises, and to ensure that liquor is served, supplied and promoted in a way that is compatible with minimising harm from the use of liquor.

Recent amendments to the Liquor Act 1992 provide a process by which the use of regular glass, which is glass other than tempered or toughened glass, in licensed premised can be banned if one or more glassings have occurred at the licensed premises, or there has been a level of violence at the premises which is considered to be unacceptable.

“Whether a duty of care is owed will depend on the specifics of the case,” said Ms Skordou “Ultimately there has to be a proper balance between self responsibility and the obligations of the pub.”



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