A hotel licensee's duty of care to patrons is not confined to the hotel premises or its curtilages, but extends to refraining from serving the apparently inebriated and taking reasonable steps regarding the safety of intoxicated patrons. However, establishing breach requires proof of what the patron's condition was when served (not merely what was purchased in a shout), and establishing causation requires proof at the level of probability (not mere possibility) that intoxication materially contributed to the injury. The mere fact that a pedestrian was intoxicated when struck by a vehicle does not establish causation. Canadian authority on innkeeper liability should be treated with considerable caution in Australia.
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