Page 19 - GBC Fall Eng 2016

While governments at all levels continue to ease licensing restrictions for golf courses, the risk exposure to the course has increased exponentially.
THE LIABILITY
The consumption of alcoholic beverages at a golf course can have adverse consequences for the golf course, should it be determined that the excessive consumption of alcohol played a role or was a factor in an incident that caused either bodily harm to a player, third party, or property damage.
Exposure, and consequent risk, to a golf course can manifest in at least two prominent respects: on the basis of occupiers’ liability and as a commercial host. The elements of risk and exposure are greater where there is a profit driven commercial enterprise – regardless if the club is public or private. A well-managed course should be cognizant of such potential areas of exposure and prepare a coherent and comprehensive Alcohol Service Policy to respond to any foreseeable incidents.
In the case of occupier’s liability, a golf club would be captured within the confines of the Occupiers’ Liability Act (“the Act”). Section 1 of the Act provides that an occupier is a person (the
scope of which would include a corporate/commercial entity such as a bar or recreational facility) who has:
1. Possession of the premises;
2. Responsibility for and control
over the condition of the
premises;
3. Responsibility for and control
over the activities on the premises;
or
4. Control over persons allowed to
enter the premises. (Emphasis by author).
In the case of the “premises,” this is defined by the Act to include “lands and premises”. It would not be a fair stretch to include the golf course itself, adjacent property and structures (such as the pro shop, club house) within this definition.
With the introduction of alcohol on the premises (or on the course) to players, members and their guests, the “link” between occupiers’ liability and a club’s liability as a commercial host is evident: a golf course can be liable if it is determined that the club served alcohol to a person who either became intoxicated or further intoxicated and then in turn injured either himself or another party (as, for example, in operating a car while intoxicated, causing an accident and consequent injuries). The end result: monetary damages to the aggrieved party.
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