Insurance Law

Contact: Ryan Stehlik, Senior Associate and Jessica Schaffer, Solicitor; Carter Newell (Queensland, Australia)

Licencees are permitted under the Liquor Act 1992 (Qld) (Act) to use force to remove unduly intoxicated or disorderly persons from their premises. However, the use of force by employees must be both reasonable and necessary in the circumstances, failing which employers may be held vicariously liable for the actions of its employees if the conduct was done in the intended or responsible pursuit of the employer’s interest. This will include situations where employees (usually security guards) use unreasonable and unnecessary force to remove unduly intoxicated or disorderly persons from its employer’s premises. However, the recent case of Carlyon v Town & Country Pubs No. 2 Pty Ltd T/A Queens Hotel Gladstone (No.2) [2015] QSC 025 confirms that courts will be reluctant to find an employer (or an employee) liable when the force used by an employee is necessary to ensure the safety of the licensed premises, and the level of force is reasonable and proportionate to achieve this aim.

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