ProServe Liability and Legal Consequences

Question 1

What legal concept can hold a licensee responsible for harm caused to a third party by an intoxicated patron they served?

Accepted Answer

Host liability

Answer

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?

Accepted Answer

Alberta Gaming, Liquor and Cannabis (AGLC)

Answer

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?

Accepted Answer

To take reasonable steps to prevent foreseeable harm to patrons and the public

Answer

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?

Accepted Answer

Due diligence

Answer

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?

Accepted Answer

Keeping written records of service refusals and intoxication incidents

Answer

Written records of refusals and incidents provide tangible evidence that the licensee actively monitored and managed alcohol service responsibly.

ProServe Practice Test

ProServe Practice Test

ProServe Liability and Legal Consequences