Managers and You
Both of you are held legally liable to fines, arrests and jail time for making guests intoxicated until they sober up.
The doorman... [Show More]
Aside from you and your manager, they are also held legally and personally responsible if customers are intoxicated as their job is to decide whether or not people are intoxicated and to deny entry to anyone who has already had too much to drink.
The server
Another person responsible for assessing whether or not a customer has had too much to drink and must den them service if you believe they are intoxicated, or showing signs of intoxication.
What are the consequences to getting someone intoxicated while on the job?
- Temporary licence suspension at the pub.
- Academic sanctions
- Job loss
- Fines
- Criminal charges
Who is Smart Serve
A division of the Hospitality Industry Training Organization of Ontario (HITOO) is a non-profit organization dedicated to developing and delivering responsible alcohol service training to all individuals who serve alcoholic beverages or work where alcoholic beverages are sold or served in the province of Ontario.
What is Smart Serve?
They are responsible for alcohol beverage service training program developed by Smart Serve Ontario.
What does Smart Serve cover?
- Types of licence
- Legal rights, responsibilities and liabilities
- Facts about alcohol
- How alcohol works in the body
- Signs of Intoxication
- Forms of identification
- Prevention and intervention techniques
- Retail Alcohol Sales
True or False: Only the owner and the manager of an establishment can be held legally and personally responsible for an intoxicated customer.
It is false for only the owner and the manager of an establishment can being held legally and personally responsible for an intoxicated customer.
Charlie is the night manager at an upscale Bistro. Two of the guests at table seven have had a little too much to drink but they are regular customers who spend a lot of money at the Bistro every week. They also refer a lot of business.
Afsha, the server, has come to Charlie and said that she has tried to refuse service but one of the guests is insisting on another round of drinks. Charlie tells Afsha to serve the last round and then make sure the guests leave in a cab.
The guests are sent home in cabs but when exiting the cab one guest is so intoxicated he trips and hits his head on the pavement. He is taken to the hospital with fairly serious injuries to his head and face.
Who can be held responsible?
Both of them are responsible for this incident.
True or false; Smart Serve regularly conducts audits of completed certifications?
It's true for Smart Serve regularly conducts audits of completed certifications? Select one.
Daniel is tending bar at the Legion Hall for a family reunion of about 50 people. There is no table service for alcohol and all drinks must be purchased at the bar making Daniel the only alcohol server in the room. Can Daniel be held responsible for monitoring the amount of alcohol served to each of the guests?
Yes. Daniel is responsible for looking out for the safety and sobriety of all the guests.
Jane, a server, is relieved that Mr. Gordon has headed home. He was slurring his words and starting to get loud. She had the doorman put Mr. Gordon in a cab so she knows he is not driving. Having sent him safely home she is happy that she is no longer responsible for Mr. Gordon. Does Jane's responsibility end with sending Mr. Gordon home in a cab?
No. She is responsible for Mr. Gordon until he sobers up which could be the next morning.
Smart Serve regularly conducts audits on completed certifications.
It is true that smart serve regularly conducts audits on completed certifications.
Is it true that only individuals 18 or older may sell, serve or handle alcohol in a licensed of establishment. This includes taking orders, stocking the fridge or bar area, and bartending?
Yes it is true that only individuals 18 or older may sell, serve or handle alcohol in a licensed of establishment. This includes taking orders, stocking the fridge or bar area, and bartending?
Under the Liquor Licence Act, a licensed establishment must offer what?
Under the Liquor Licence Act, a licensed establishment must offer a variety of light meals and alcohol-free beverages.
What permit would be required for any event in any location other than a residence, a private places, or a licensed establishment?
A special occasion permit would be required for any event in any location other than a residence, a private places, or a licensed establishment.
True or False; when a server or establishment is not careful in stopping harm or injury to a guest, they may be found civilly liable for negligence.
It is true that when a server or establishment is not careful in stopping harm or injury to a guest, they may be found civilly liable for negligence.
What can you be held responsible for an intoxicated guest?
If you fail to notice the signs of intoxication, or continue service of alcohol to an intoxicated guest you can be held responsible for their safety.
True or false; Smart serve regularly conducts audits of completed certifications.
It's true that they regularly conducts audits of completed certifications.
Liquor Sales Licence
It is required by any business wishing to sell or serve alcohol to the public on their premises (issued by the Alcohol and Gaming Commission of Ontario).
Take Home the Rest (THTR)
Under the Bring your own wine (BYOW) program:
- They can take the wine home making sure that the cork is flushed with the top of the bottle.
- Only applies to wine, not to beer or spirits.
- Establishing cannot offer THTR if the guest is intoxicated or approaching intoxication.
When can alcohol be served?
From 11 AM - 2AM
When can alcohol be served on NYE?
From 11 AM - 3 AM
What can't be used to serve drinks?
Test tubes / shooters cannot be used to serve drinks.Tubes must be served in a self-supporting, flat-bottomed container.
Under the Liquor Licence Act, an establishment must not do what?
They must not require guests to purchase a minimum number of drinks.
Civil Liability is the potential responsibility for payment of damages. It is;
- Different from criminal liability
- Determined by our Courts in the form of judgement
What are the max fines?
- $100k for an individual or non-corp
- Corp: $250k
- Max for selling to minors; $200k or imprisonment for individuals; Corp: $500k
Who are responsible and penalized with fines, arrest and charges, imprisonment and civil liability if they serve a guest to intoxication?
Both the server and licensee are responsible and penalized with fines, arrest and charges, imprisonment and civil liability if they serve a guest to intoxication.
Serve alcohol to those who are over the age of 19, who aren't intoxicated, or who is buying alcohol for someone who is underage. You are what?
Responsible for your actions
How can civil liability arise?
- Under the provisions of the LLA
- By a court finding of negligence or lack of duty of care
- Under the occupiers liability act
If a guest in intoxicated a 'duty of care' is owed by the server to do what?
To ensure that alcohol is not served to an intoxicated guest, or that a guest is not served to the point of intoxication.
Courts must be addressed the following issues under the occupiers liability, such as;
- The conditions of the premises
- Conduct of staff / guests on the premises
- The activities carried out on the premises
The OLA sees that the licensee is responsible for who?
The OLA sees that the licensee is responsible for the actions of themselves, their employees, and the waiter over-served the guests on the premises.
The LLA gives you the right to deny entry and guests such as;
- No one intoxicated, previously barre, previously asked to leave but didn't, under a certain condition, being rowdy, selling illegal products, gambling illegally, soliciting underage, disruptive behaviour and overly crowded as it can be a fire and safety hazard
- However it cannot be denied to Alcohol and Gaming Commission of Ontario inspectors, law enforcement officers, firefighters and government inspectors like building code inspectors and health inspectors
- Force must be used to only eject an individual, not cause harm.
Leung and his friends Peter and Jason have been partying at a pool hall for about two and half hours and each have had five or six beer. They have been getting louder and more disruptive. Another customer accidentally bumps into Leung ruining his shot. Leung turns around and punches the man who bumped him.Can the establishment be held civilly liable?
Yes, the establishment be held civilly liable
Cai is 16 years old and wants to get a part-time job. His uncle, Li, has offered him a job working at one of his three restaurants. The job includes cleaning tables, cutting the lemons and limes for drinks, and stocking the wine fridge behind the bar. Can Cai be hired for this job?
No, Cai cannot be hired for this job [Show Less]
