Court considers liability of pub in drink-drive death case

A court case in Ireland where a licensee could be found liable for deaths caused by a drink-driver is being watched with interest on the other side of the sea.

The Irish High Court is currently deliberating what has been described as a "ground-breaking" case for the licensed trade.

In March 2005 John Connolly crashed his car killing himself and a passenger and injuring others. Prior to the incident Connolly had spent four hours drinking at the Diamond Bar in Tullaghan, County Letrim.

The Connolly family are now seeking damages from the bar to help pay the 275,000 Euros they must pay in compensations to the other victims and their familes.

They are alleging the bar was in breach of their duty of care by continuing to serve Connolly in the knowledge he would drive home.

The pub owners, Seamus and Concepta Kelly, deny liability, claiming the legal action is an attempt "to blame somebody else" for an accident that was the driver's fault.

Observers in England are keeping an eye on the case in Ireland where legal precedents have been set before with issues such as the smoking ban.

Barrister Anna Mathias, of law firm Joelson Wilson, said: "It seems to me a nonsense making publicans police their customers. How are they expected to prevent people getting into their cars and they don't have the power to take people's keys off them.

"However it must be remembered that in England and Wales it's an offence to serve someone that's drunk."

Paul Smith, of late-night operator trade group Noctis, added: "People have to have personal responsibilty and in this country it is down to the individual not to drive drunk.

"Pubs do have a duty of care but it remains an issue of personal responsibilty, which is something David Cameron has talked a lot about."

The case has been adjourned, with a decision expected in the next few months.