Smart Serve Ontario Refusing Service

Question 1

Under Ontario law, when is a server legally required to refuse service of alcohol?

Accepted Answer

When a patron is intoxicated, appears to be a minor without valid ID, or when service would otherwise contravene the law

Answer

Only when a patron is unconscious

Answer

Only during last call

Answer

Only when management instructs them to

Question 2

What is the correct way to verbally refuse service to an intoxicated patron?

Accepted Answer

'I am concerned about your wellbeing. I am not able to serve you any more alcohol tonight, but I can offer you water, food, or help with a ride home'

Answer

'You are too drunk to be served'

Answer

'Get out or I will call the police'

Answer

'The bar is closed for you'

Question 3

Can a server refuse service to a patron who has not yet shown signs of intoxication?

Accepted Answer

Yes, if there are legitimate reasons such as suspicion of underage drinking, suspected fake ID, or if the person was already intoxicated upon arrival

Answer

No, service can only be refused after intoxication is observed

Answer

Yes, for any reason at any time

Answer

Only with written authorization from the AGCO

Question 4

What should a server do if a refused patron threatens legal action against them?

Accepted Answer

Remain calm, document the threat, and know that the law supports the refusal of service to intoxicated individuals

Answer

Reverse the decision and serve them to avoid a lawsuit

Answer

Apologize and offer a free drink

Answer

Call a lawyer immediately

Question 5

Is it legal to refuse service based on a patron's race, gender, religion, or other protected characteristics in Ontario?

Accepted Answer

No, refusal based on protected grounds under the Ontario Human Rights Code is illegal discrimination

Answer

Yes, establishments can refuse anyone for any reason

Answer

Only private establishments can refuse on these grounds

Answer

It depends on the time of day

Question 6

What documentation should be completed after refusing service to a patron?

Accepted Answer

An incident report including the date, time, patron description, signs observed, exact words used, staff involved, and how the patron departed

Answer

No documentation is needed

Answer

Only a verbal report to the manager

Answer

A social media post warning other establishments