Dealing with drink - it's up to you

Photo / AP

CANBERRA - Australian publicans are no longer legally responsible for the behaviour of people who become intoxicated in their bars, or for any consequences after they leave the premises.

The High Court has upheld an appeal by a Tasmanian publican against an earlier State Supreme Court ruling that held him responsible for the death of a 41-year-old motorcyclist by returning the man's keys and allowing him to ride home.

The court's full bench held that dealing with alcohol and its dangers was "a matter of personal decision and individual responsibility" for drinkers.

The ruling, which has been both welcomed and attacked, comes as concern grows in Australia at the dangers of drink-driving.

The Australian Capital Territory is debating whether to impose a zero blood alcohol limit for truckies and other professional drivers, New South Wales already has zero tolerance for learner and P-plate drivers, and Queensland is calling for a national debate on a blanket zero limit for all drivers.

In January the Tasmanian Supreme Court found that Tandara Motor Inn and publican Michael Kirkpatrick had breached their duty of care two years earlier by allowing 41-year-old backhoe operator Shane Scott to ride his motorcycle after drinking in the bar.

The Triabunna, east coast, inn and Kirkpatrick had been sued by Scott's widow, Sandra, after Scott was killed riding his wife's motorcycle on the 7km trip home.

Scott was not a regular at the Tandara's bar, but had met workmate Rex Kube for a drink after work and began consuming cans of bourbon and cola.

When rumours began that police were using a breathalyser on Scott's route home, Kube arranged for Kirkpatrick to lock the motorcycle in a storeroom and to hold the keys.

Scott's wife would come and collect him.

Kube's wife later arrived to pick up her husband and offered several times to drive Scott home, but was refused. She said Scott did not appear to be drunk.

Some time later Kirkpatrick told Scott he had had enough, that it was time to go home, and asked if he should call Scott's wife.

Scott replied: "If I want you to ring my f***ing wife I'd f***ing ask you."

He then became aggressive and abusive, and asked for his motorcycle and keys.