Smart Serve Ontario Refusing Service 3 — Questions and Answers
Question 1: How should a server handle refusing service during a busy night when time is limited?
- Skip the refusal process when busy
- Apply the same responsible service standards regardless of how busy the establishment is — safety does not take a break during peak hours (Correct answer)
- Only refuse service if other staff are available to help
- Delay the refusal until things slow down
Correct answer: Apply the same responsible service standards regardless of how busy the establishment is — safety does not take a break during peak hours
Responsible service standards must be maintained regardless of how busy the establishment is. The duty of care and legal obligations do not have exceptions for peak hours.
Question 2: What is the best way to refuse service to a patron in a group setting without causing embarrassment?
- Announce the refusal loudly so the group understands
- Discreetly pull the patron aside or speak with a sober group member privately to handle the situation with dignity (Correct answer)
- Refuse service to the entire group
- Write a note on the bill
Correct answer: Discreetly pull the patron aside or speak with a sober group member privately to handle the situation with dignity
Discretion preserves the patron's dignity and reduces the chance of confrontation. Speaking privately with the individual or a sober companion avoids public embarrassment and often leads to better cooperation.
Question 3: What is the server's responsibility if a patron who has been refused service attempts to leave in a vehicle?
- None — once they leave the premises
- Attempt to persuade them not to drive, offer alternative transportation, and if they insist, note the vehicle details and call police (Correct answer)
- Block their vehicle
- Physically take their keys
Correct answer: Attempt to persuade them not to drive, offer alternative transportation, and if they insist, note the vehicle details and call police
The duty of care extends to preventing impaired driving. The server should strongly encourage alternatives, and if the patron insists on driving, record the vehicle details and immediately contact police.
Question 4: Can a patron be refused entry to a licensed establishment for being intoxicated?
- No, they have a right to enter any public business
- Yes, licensees are legally required to refuse entry to intoxicated individuals (Correct answer)
- Only if they are visibly stumbling
- Only after 10 p.m.
Correct answer: Yes, licensees are legally required to refuse entry to intoxicated individuals
Ontario law requires licensees to refuse entry to anyone who appears intoxicated. This is a proactive measure that prevents the establishment from inheriting liability for an already intoxicated person.
Question 5: How does the Ontario Human Rights Code affect service refusal decisions?
- It has no effect on liquor service
- Service can be refused for intoxication or legal reasons, but never based on protected grounds such as race, disability, gender, or sexual orientation (Correct answer)
- It prevents all service refusals
- It only applies to government establishments
Correct answer: Service can be refused for intoxication or legal reasons, but never based on protected grounds such as race, disability, gender, or sexual orientation
The Human Rights Code allows legitimate refusals based on intoxication or legal requirements but prohibits refusal based on protected grounds. Servers must ensure their reasons for refusal are always legally justified.
Question 6: What should a server do if a refused patron leaves but returns shortly after claiming to be sober?
- Serve them since they claim to be sober now
- Re-assess their condition, recognizing that significant sobriety cannot occur in a short time since the body metabolizes only one drink per hour (Correct answer)
- Ask them to take a sobriety test
- Serve them only one drink as a test
Correct answer: Re-assess their condition, recognizing that significant sobriety cannot occur in a short time since the body metabolizes only one drink per hour
Since the body metabolizes approximately one standard drink per hour, a patron who returns shortly after being cut off cannot have significantly reduced their BAC. Re-assessment should account for this biological reality.
Smart Serve Ontario Refusing Service 3
How should a server handle refusing service during a busy night when time is limited?