The Full Court of the Tasmanian Supreme Court has recently
considered the duty of care owed by owners and licensees of
licensed premises to patrons who become intoxicated.
In a judgment in January 2009, the Court revisited the
principles established by the New South Wales Court of Appeal and
the High Court in Cole v South Tweed Heads Rugby League
Football Club Limited (2004)
(Cole).
Mr Scott had attended the Tandara Motor Inn (the hotel) after
work on 24 January 2002. He drank several premixed cans of Jack
Daniels and cola. At some point early in the evening, there was a
rumour in the hotel that a breathalyser was in the area. It was
agreed with the barman, Mr Kirkpatrick, that Mr Scott would place
his motorcycle in the storeroom of the hotel and hand his keys to
Mr Kirkpatrick. Mr Scott stated that his intention was that when he
had finished at the hotel, he would call his wife to collect
him.
