SMARTSERVE Legal Responsibilities and Compliance 2 — Questions and Answers
Question 1: Under Ontario law, is it legal to allow a patron to bring their own alcohol to a licensed establishment?
- Yes, if the patron has a receipt
- No, bringing outside alcohol into a licensed establishment is illegal (Correct answer)
- Yes, only wine is allowed
- Yes, if the patron buys one drink from the establishment
Correct answer: No, bringing outside alcohol into a licensed establishment is illegal
It is illegal for patrons to bring their own alcohol ('BYOB') into a licensed establishment; all alcohol consumed must be purchased from the licensed establishment.
Question 2: What is the legal obligation of a server who suspects a patron intends to drive while intoxicated?
- Confiscate their keys
- Alert management and take reasonable steps to prevent the patron from driving, such as offering alternative transport (Correct answer)
- Follow the patron to the parking lot
- Call police before the patron leaves the building
Correct answer: Alert management and take reasonable steps to prevent the patron from driving, such as offering alternative transport
Servers must alert management and take reasonable steps to prevent an intoxicated patron from driving, which may include arranging alternative transportation or calling police.
Question 3: Can a licensed establishment be held liable for injuries caused by a patron who was over-served and later caused a car accident?
- No, once the patron leaves the premises liability ends
- Yes, under civil liability laws the establishment can be sued for damages resulting from over-service (Correct answer)
- Only if the accident happened within 30 minutes of leaving
- Only if the patron was a regular customer
Correct answer: Yes, under civil liability laws the establishment can be sued for damages resulting from over-service
Ontario civil courts have held licensed establishments liable for damages when negligent over-service was a contributing factor in a patron causing injury after leaving the venue.
Question 4: What must a licensee ensure regarding staff knowledge of the LLCA?
- Staff must memorize the entire LLCA
- Staff must be aware of key provisions relevant to their role and trained to comply with them (Correct answer)
- Only managers need to know the LLCA
- Staff knowledge of the LLCA is optional
Correct answer: Staff must be aware of key provisions relevant to their role and trained to comply with them
Licensees are responsible for ensuring that all staff understand the relevant provisions of the LLCA that apply to their role in serving or handling alcohol.
Question 5: What does the AGCO have the authority to do if a licensed establishment repeatedly violates the LLCA?
- Issue a fine only
- Suspend or revoke the establishment's liquor licence (Correct answer)
- Require the establishment to retrain all staff
- Reduce the establishment's permitted hours by one hour
Correct answer: Suspend or revoke the establishment's liquor licence
The AGCO has the authority to suspend or permanently revoke a liquor licence for repeated or serious violations of the LLCA.
Question 6: What is a 'responsible service policy' and why should establishments have one?
- A policy about pricing alcoholic beverages fairly
- A written set of procedures guiding staff on how to serve alcohol responsibly, refuse service, and handle intoxicated patrons (Correct answer)
- A government-mandated document displayed near the bar
- A policy only required for establishments with more than 50 seats
Correct answer: A written set of procedures guiding staff on how to serve alcohol responsibly, refuse service, and handle intoxicated patrons
A responsible service policy provides clear guidance to staff and demonstrates the establishment's commitment to compliance, which can also provide legal protection.
SMARTSERVE Legal Responsibilities and Compliance 2
Under Ontario law, is it legal to allow a patron to bring their own alcohol to a licensed establishment?