ProServe Liability and Legal Consequences 1 — Questions and Answers
Question 1: What legal concept can hold a licensee responsible for harm caused to a third party by an intoxicated patron they served?
- Host liability (Correct answer)
- Mutual liability
- Self-liability
- Assumed risk
Correct answer: Host liability
Host liability holds licensees and servers legally responsible for harm caused to others by patrons they negligently over-served.
Question 2: Which body is responsible for enforcing the Alberta Gaming, Liquor and Cannabis Act?
- Alberta Gaming, Liquor and Cannabis (AGLC) (Correct answer)
- Alberta Health Services
- Royal Canadian Mounted Police
- Alberta Justice Department
Correct answer: Alberta Gaming, Liquor and Cannabis (AGLC)
The AGLC is the regulatory authority that administers and enforces the AGLCA, including issuing licences and taking action against non-compliant licensees.
Question 3: What is a licensee's primary 'duty of care' under Alberta law regarding alcohol service?
- To take reasonable steps to prevent foreseeable harm to patrons and the public (Correct answer)
- To maximize sales while remaining within legal limits
- To report all incidents to the AGLC within 24 hours
- To employ only ProServe-certified staff at all times
Correct answer: To take reasonable steps to prevent foreseeable harm to patrons and the public
Duty of care requires licensees to take reasonable steps to prevent foreseeable harm to both patrons and third parties who may be affected by over-service.
Question 4: What legal defence is available to a server who took all reasonable steps to prevent serving an intoxicated patron?
- Due diligence (Correct answer)
- Assumed risk
- Force majeure
- Statutory immunity
Correct answer: Due diligence
Due diligence is a legal defence demonstrating the server took all reasonable precautions, such as monitoring consumption and refusing service when needed.
Question 5: Which action BEST demonstrates due diligence in responsible alcohol service?
- Keeping written records of service refusals and intoxication incidents (Correct answer)
- Offering free non-alcoholic beverages to all patrons
- Posting signs about drunk driving laws at the entrance
- Installing surveillance cameras throughout the venue
Correct answer: Keeping written records of service refusals and intoxication incidents
Written records of refusals and incidents provide tangible evidence that the licensee actively monitored and managed alcohol service responsibly.
Question 6: If a patron leaves a licensed establishment visibly intoxicated and later causes a car accident, which parties could face legal liability?
- Both the server who served them and the licensee (Correct answer)
- Only the intoxicated patron
- Only the licensee who owns the establishment
- Only the server who directly poured the drinks
Correct answer: Both the server who served them and the licensee
Under host liability, both the server who over-served the patron and the licensee who employs them can be held legally responsible for resulting harm.
Question 7: What type of legal action involves a victim suing an establishment for damages resulting from being served while intoxicated?
- Civil lawsuit (Correct answer)
- Criminal prosecution
- Administrative appeal
- Regulatory complaint
Correct answer: Civil lawsuit
A civil lawsuit allows a victim to seek financial compensation from a licensee for damages caused by negligent alcohol service, separate from any criminal or regulatory proceedings.
ProServe Liability and Legal Consequences 1
What legal concept can hold a licensee responsible for harm caused to a third party by an intoxicated patron they served?