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
s

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





Standard Drinks
12 oz (341mL) beer 5% alcohol/5 oz (142ml) wine 12% alcohol 40%/1.5 oz (43mL) distilled spirits = standard drink - (all contain same amount of pure alcohol, 0.6 oz(17 ml)
Can help you set benchmark - This will have same effect on body

some have even more like malt liquor

Just because a drink looks standard doesnt mean it is. like cocktails can be more than 1.5 oz at 40%

Calculating Standard Drinks - % of alcohol * ounces = 60

Alcohol's Path through the body - intestines and absorbed to bloodstream goes all over the body including affecting brain. Over time 90% of alcohol is metabolized in liver but at a slower rate than it is absorbed, slowly removed. the remaining 10 percent sweat.

Metabolism is usally 1 drink per hour. If you drink more than 1 in an hour per standard drink your blood alcohol level rises. BAC

Can get pulled over for .05 and over and criminal charges for .08. BAC chart can help determine how much to give customers

Servers need to control their guests drinking

Impairment starts at the first drink - guest may be less than legal limit but seem impaired. another guest may be over 0.5 and not showing anything

BAC chart - to check how much a person can drink - guideline not sole way as people differ with gender, body type and such

Bodyweight -# standard drinks drunk over 5 hours

how fast BAC rises depends on factors

Environment - if people are with friends relaxing - they will likely drink slower and less
- parties like cocktail parties where you just standing around you may drink more

Time between drinks - 4 in one hour vs 4 in 4 hours.

Tolerance - some people may be experienced drinkers and may show that they arent feeling effects . It's possible to be too drunk to legally drive but not show the effects. Greater tolerance does not lower BAC

being fat and having body fat tissue will give you higher BAC's

women - have more body fat tissue and less water weight then men of same weight.

fitness/age - muscular . more water can metabolize better. so 175 lb young man lower BAC then 175 lb older man

body size - smaller ppl higher BAC faster cuz more concentrated

Food meds - water protein foods jucie will hold longer in stomach as opposed to salty food which will make drink more

SIGNS of INTOXICATION
when alcohol reaches brain affects behaviour, this starts with first drink, important to recognize these signs
- like they came in quiet reserved then became loud
Recognizing subtleties before they happen

Poor judgment/reason,caution memory/coordination/loss of self control indulgement/changing vital signs and appearance

5 common signs of intoxication

slurred speech/balance not always a sign -can be illness

30 min to effect brain - alcohol

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Maintaining Safe and enjoyable atmosphere

Are they old enough to drink?
if they look under 19, if you suspect under 19 you have legal right to ask for id and refuse service

Not to judge by appearance alone. most places got a 25 if u look younger you ask ID

serving underage is a serious

- is illegal
- offence under liquor licence act
- can lead to charges by acgo and police

- can be sued or establihsment can + fines
license suspended

what ID can be accepted?

persons photo
persons birthday
and be issued by the government

BYOD card
armed force card
citizen card

any doubt still ask

Fake ID signs
- 8 features need to worry about. if doubting have them remove from their wallet.

Birth date - if it looks scratched or tampered do not accept it
Address- Confirm info by asking for their address
Physical description - compare physical description to make sure they match
expirty date or date of birth - look for expirty date minor suse it and look for alterations
signature - if in doubt ask guest to write signature
photo- check if photos match
name -ask for full name and spelling - do this fast so they dnt got time to think
condition of id - should be without folds and no bubbles in decent condition

you can also tell if theyer worrying or acting like they dnt knw wats going on

Security features of drivers license

Old drivers license - photo shud match, first letter of license number should be persons last name
numbers on date of birt should be same thickness , smooth surface with no raised areas

new drivers license - 6 things to check
License number - has raised lettering
Protected secondary photo and signature
DOB - raised lettering
Photo - phot and sig imprinted in card
Background - has fine line
magnetic stripe at back of card

CHat and check
- FIve things you can do to make sure drinks can be safely served to a guest

Assess your guest - WHen you first make eye contact look to see if guest is drinking before he came in, guests mood and whether they have been drinkin or not

Listen and observe - always make sure to make small convo with guest to observe how they talking and all that stuff

Note body language - a guest who has slow body language may be intoxicated but can be medical condition

ask questions - like u driving, how u feeling

continue communication throughtout entire time

Counting and drinks and setting drink rates

other ways to find out how much other guests are drinking
if paying by tab check bill , if guess paying by each drink keep notepad ready and checkmark for each dirnk served

consider time element and remember bac is just guideline guests rarely follow the one per hour
know method of counting drink on your establishment

Traffic light system
- counting drink isnt always a realsitic way esp when they been drinking before they came to your workplace

a traffic light system can be used

red light - intent on being drunk/aggressive, glassy eyed look, arguing/baiting and shows increased level of physical and behaviourial signs of intoxication

STOP - guest already has been served too much alcohol and cant have anymore. guests who come in this way cant be permitted entry

Yellow - loud behaviour, intends on being life of party and drinks quickly
caution - guest is showing signs of alcohol, service should be slowed or stopped

Green - behaviour is calm, in control, happy, and talkative. guest can be safely served you should start counting drinks with the first one served

guests rating can change very quickly, sometimes one drink can make green to red like if they drank alcohol before hand

also it takes 30 min for alcohol to take effect so guests may not show right away tats why you reevaluate after each drink


*Responsible Alcohol house policy - shud have goal statement

slowing service -
tricks - avoiding, wait pretend you didnt hear them,
always offer water, offer something else, snacks
distraction
let the host of table know you are slowing service

you dont wana say your drunk i wont serve you anymore polite way. pace your customers

avoid salty foods, foods such as pizza is good an better as it takes longer to digest

serve one drink at a time

- do not ecourage to reorder if they stil have partially filled glasses

when asked to buy a round , ask everyone in table individually

slow rate of service

if you suspect guest is intoxicated when arriving you must refuse entry. it is against liquor licence act to not do tat

stopping service - part of ur job is to monitor but osmetimes ppl can become intoxicated. knowing intervention techniques can help you stop service

BE firm - calmly be like its against the law to serve you any more alcohol

some techniques to stop service with minimum amount of difficulty

speak privately, avoid lookin or being judgmental, show concern or empathy,

be firm

know how to eject guest, store policies/ tell coworkers alert someone for backup if person gets difficult

statmeents - such as im sorry but i can get in toruble if i serve you more drinks

your drunk and watever can cause problems or youve had enough to drink


Remember you are legally responsible until person is sober again, so how do they prevent them for driving

try to convince them not to drive, if they insit they gonna drive let them know to call police

ask for sober family memeber or someone to drive
ask fo rhteir keys

call a cab

if they resist, call police and make of car, license plate direction and fill out incident report for hcallenging incidents.


stop fight before it starts
talk to manager
calling police
if fight breaks out move guests to safety

dont ask other guests to break up fights

ejecting a guest - ask person to leave tell manager tell backup, if they refuse to leave call police

incident report who what where when why and as much details as possible
complete right after incident

alcohol retail training*

Hours of sale -

9 am - 11 pm grocery
sun 11- 6

manufacutrers on site
9 am -11 pm everyday - can refund outside the time but not exchange

drivers license flower change colour
secondary image, photos are black and white in modern ones

black magnetic was removed and service ontario was added