If you’ve been injured by someone who was clearly drunk when they left a pub, you might wonder whether the pub itself bears any responsibility. In the United States, “dram shop” laws make this straightforward—bars can be sued for serving intoxicated patrons who then cause harm. But what about the UK?
The short answer is that UK law takes a very different approach, and holding pubs civilly liable for overserving is significantly more difficult. This guide explains your options.
UK Law vs US “Dram Shop” Laws
In the United States, 42 states have “dram shop” laws that allow injured third parties to sue bars and restaurants for serving alcohol to visibly intoxicated patrons who then cause harm. These laws can result in substantial damages against establishments.
The UK has no equivalent legislation. While it’s a criminal offence to serve alcohol to someone who is drunk, this doesn’t automatically create a civil right for injured third parties to claim compensation from the pub.
The Licensing Act 2003: Criminal Offences
Under the Licensing Act 2003, it is a criminal offence to:
- Section 141: Knowingly sell or attempt to sell alcohol to a person who is drunk
- Section 142: Knowingly obtain alcohol for a person who is drunk
Penalties include:
- Fixed penalty notice of £90 for the individual serving
- Fine of up to £1,000 on conviction
- Potential review or revocation of the premises licence
However, a criminal conviction against a pub doesn’t automatically give you a civil claim for compensation. Criminal law and civil law operate separately.
Can You Sue a Pub for Overserving?
While there’s no specific “overserving” law creating civil liability, there are limited circumstances where you might have a claim:
1. Occupiers’ Liability
Under the Occupiers’ Liability Act 1957, pubs owe a duty of care to visitors on their premises. If you were injured inside the pub due to inadequate safety measures (e.g., a drunk patron becoming violent and security failed to intervene), you may have a claim against the pub as occupier.
2. Employer’s Liability
If you’re an employee (bar staff, bouncer, cleaner) and you’re injured by a drunk customer, your employer may be liable if they failed to:
- Conduct proper risk assessments for violence
- Provide adequate security
- Train staff in dealing with intoxicated customers
- Implement policies to refuse service to drunk patrons
3. Negligence (Difficult to Establish)
A negligence claim would require proving:
- The pub owed you a duty of care
- They breached that duty by overserving
- This breach caused your injury
- The injury was foreseeable
The problem is point 1: UK courts have been reluctant to find that pubs owe a duty of care to third parties who might be harmed by their drunk customers after they leave the premises. The intoxicated person, not the pub, is generally considered responsible for their own actions.
Who Should You Sue Instead?
In most cases, your claim should be against the intoxicated person who caused your injury, not the pub:
- Road traffic accident: Claim against the drunk driver (their motor insurer will pay)
- Assault: Claim against the person who assaulted you (and potentially apply to the Criminal Injuries Compensation Authority)
- Property damage: Claim against the person who caused the damage
Criminal Injuries Compensation Authority (CICA)
If you were injured through violent crime by a drunk person and the perpetrator can’t be identified or can’t pay, you may be able to claim from the CICA. This government scheme compensates victims of violent crime regardless of whether the offender is caught or prosecuted.
When a Pub Might Be Liable: Case Scenarios
Scenario 1: Violence Inside the Pub
If another patron attacks you inside the pub, and the pub:
- Failed to provide adequate security despite a history of violence
- Continued serving a patron who was becoming aggressive
- Didn’t remove a clearly threatening individual
You may have an occupiers’ liability claim against the pub.
Scenario 2: Staff Injury
If you work at the pub and are injured by a drunk customer, your employer may be liable for failing to protect you under health and safety legislation.
Scenario 3: Organised Event
If the pub organised an event (e.g., all-you-can-drink promotion) and failed to manage foreseeable risks, there may be grounds for a negligence claim, particularly if violence or accidents were predictable.
Practical Steps If You’ve Been Injured
- Report to police – If it’s a crime (assault, drink driving), report it immediately
- Get medical attention – Document your injuries
- Gather evidence – Witness details, CCTV requests, photographs
- Identify the perpetrator – Your primary claim is against them
- Check insurance – Motor insurance (for RTAs), home insurance legal cover
- Consider CICA – If you were a victim of violent crime
- Seek legal advice – A solicitor can assess whether any claim against the pub is viable
Frequently Asked Questions
Can I sue a pub if a drunk driver hit me after leaving their establishment?
In the UK, this would be very difficult. Unlike US dram shop laws, there’s no established duty of care from pubs to third parties harmed by customers after they leave. Your claim would be against the driver, through their motor insurer.
What if the drunk person has no money or insurance?
For violent crimes, apply to CICA. For road accidents, the Motor Insurers’ Bureau (MIB) covers uninsured and untraced drivers. For other situations, recovery may be difficult if the person has no assets.
Can I make a complaint about the pub’s licence?
Yes. You can report the pub to your local council’s licensing team. If they consistently serve drunk customers, their licence can be reviewed and potentially revoked. This doesn’t get you compensation, but it may prevent future incidents.
Has anyone successfully sued a UK pub for overserving?
Cases are rare and largely unreported. UK courts haven’t embraced the expansive liability seen in US dram shop cases. Most successful pub liability cases involve injuries on the premises (occupiers’ liability) rather than third-party harm from overserving.
Should the law change?
This is debated. Advocates argue that dram shop-style laws would incentivise responsible serving. Critics say it would impose unfair liability on pubs for the criminal actions of individuals. As of now, Parliament has not introduced such legislation.
