Notes

Smartserve
Intro

You can be legally liable for intoxicated guest. Can be held responsible for fines and penalties even after they walk out the door and until they're sober
Security/Doorman can get in trouble too and be legally responsible for letting in intoxicated. people.
Doorman's job to decide who is intoxicated and not let them in - liable
If intoxicated person was allowed in server is still responsible for serving them alcohol.

Alcohol and the Law

Liquor Licence Act
Establishments that want to sell or serve alcohol must have a licence and follow regulations
Take home the rest (THTR) - Customers can take unfinished bottles of wine home if sealed with cork.
Can only bring home unopened bottles of wine if brought by the guest themselves under bring your wine.
only applies to wine
THTR only if not intoxicated or nearing intoxication

Minimum age of service
Alcohol can only be served or sold to those 19 years and older
To sell, serve or handle alcohol at an establishment you must be 18 years and older and smartserve certified

Licensed Establishment
Can only purchase from government stores under its license. If have BYOW designation can serve customer wine.

All alcohol served and sold must be consumed on licensed areas. (exception for wine)
Must offer alcohol free beverages and light meals

Alcohol cannot be served in round bottom vials or test tube, must be flat surface shooters which dont have to be consumed at one time

Must not water down or alter drinks without permission
Must have signs for women, fetal alcohol spectrum disorder FASD

Drinking in the washroom - allowed with specific license to consume washroom stairwells hallways

Sandy's Law - offence not to have FASD sign

Hours of Operation

For licensed establishment - 11 am - 2 am 3 am on new years
Special occasion permit 11 am - 2 am 3 am on new years


Under Liquor Licence act establishment cant require customer to get minimum amount of drinks for entry or to stay.

Stop service time - even if you order at 1:55 u cant have it at 2 am
Alcohol and containers must be moved within 45 min of stop service time 2:45

Private place is indoors- and not rental

License Endorsements
AGCO responsible for licenses and sop's but also gives endorsements to serve or sell alcohol under certain circumstances

Brew Pub endorsements - allows beer manufactured on premises to be sold and served on same premises
Wine Pub endorsement- allows wine manufactured on premises to be sold and served on same premises
Caterer - Allows the licensee to serve and sell alcohol off the premises. But license holder can't be sponsor for event
Room Service - Licensee can serve or sell alcohol to registered overnight guests
Mini Bar - Same thing as room service except license to serve from mini bar
Golf Course - License to serve or sell at playing area of golf course
BYOW - licensee can serve wine that customers bring in the same way as they were selling it

Civil liability - establishments and servers if, they didnt stop customers from getting hurt or injured. (served to intoxication)
civil liability as in you can be responsible for damages
or criminal liability because that means police would lay charge
Civil liabiltiy laid by courts

Max fines for not following liquor license act for individual. 100000 dollars and up to 1 year in jail
Corporation - 250000

Max fines for serving to minors - 200000 dollars up to 1 year in jail
Corporation - 500000

Under liquor licence act two responsibilities : To serve alcohol to those are legally able to consume it and never to serve alcohol to someone to the point of intoxication, or if they already seem intoxicated not to give them anymore.
Can be civilly liable or criminaly charged

Server is going to be responsible for alcohol served until it is processed

Contributory negligence, how do you know? engage in conversation before serving to see the signs. If someone getting for their kid you tell them to stop if they dont listen ask them to leave.

Civil Liability in three ways
- provisions of liquor licence act
- by a court finding negligence or lack of duty
- occupier's liability act

Don't let intoxicated guest to drive
Under Occupiers liablity act licensee/owner has a responsbiiltiy to make sure his place is reasonably safe for everyone
- Condition of place (i.e, guest falling down stairs intoxicated), extra worry
- behaviour of staff and guests
- activities in establishment

licensee, management staff also responsible for damage to adjacent areas.
-AKA - controlling line ups to prevent damage

Have rights to protect ourselves from stupid canadian laws

Right to deny entry - Intoxicated, underage(noy part of LLA but depends if policy), place is overcrowded, being disruptive
Cannot deny entry to agco inspectors other inspectors and law enforcement/fireman

and Right to eject guests
Drunk, aggressive, out of control - kick em out not allowed by law in premises

Includes person under 19 if license states no minors allowed
a guest previously banned
a guest kciked out but comes back in
rowdy causing a fight
gambling, prostitution

Removal - if person doesnt leave can remove them with force but only enough force to remove not hurt. And stops once theyre out


The Effects of Alcohol
Alcohol is a depressant that slows down nervous system
Milk is a myth, stomach cant be coated. but eating foods rich in proteins and carbs can slow the amount of alcohol absorbed into bloodstream
Only time can sober not cold shower/coffee
mixed drink no worse or better alcohol is alcohol and in standard theyre all the same