The proprietor of a restaurant/nightclub owes a duty of care to patrons extending to taking reasonable care to guard against injury from intoxicated, unruly or violent (including criminal) behaviour of other patrons, arising from foreseeability of such behaviour combined with the capacity to control it. The duty is not dependent on the status of occupier per se, nor on intoxication being the cause of the violence, nor on knowledge of the dangerous propensities of a particular patron. The duty exists at all times patrons are on the premises and does not spring up only when a dangerous situation arises. Complete absence of security staff at a large function with alcohol service and a history of violent incidents constitutes breach.
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