,Term 1 of 91
what are the three ways you could be found civilally liable
1. Under the Liquor Licence and Control Act, 2019 (LLCA): The LLCA states that you are not
allowed to sell or supply alcohol to a person who appears to be intoxicated or is
intoxicated. It is important to monitor your guests. A server must also ensure that guests are
not in danger of causing injury or harm to themselves or others.
2. By a court ruling of negligence, or lack of "Duty of Care": Servers have a duty of care to
their guests to keep them safe from harm. Servers cannot encourage drunkenness or serve
drinks to guests who are visibly intoxicated. They must also take steps to prevent an
intoxicated guest from driving. Additionally, as a cashier, you cannot sell alcohol to a
customer who is intoxicated.
3. under the Occupier's Liability Act (OLA): The OLA deals with injuries caused by the
condition of the premises or the activities that take place on the premises. In other words,
the occupier (licence holder) needs to ensure that the premises are reasonably safe for
guests. The occupier must also ensure that the conduct of both staff and guests does not
result in injury.
1. be vigilant
- Look out for individuals who may attempt to consume cannabis in your establishment or
leave and come back in smelling like it. Cannabis cannot be consumed in restaurants, on
bar patios and public areas within 9 meters of a patio. Staff in retail environments also need
to monitor for signs of cannabis intoxication, and refuse the sale of alcohol if they have
reason to believe that an individual is intoxicated.
2. duty of care *same rules apply with cannabis intoxication
3. establishment should have a house policy for dealing with individuals who are
intoxicated. Ensure that you are familiar with your establishment's house policy.
Licensees can choose to have their liquor sales licence apply to the whole premises (also
called ancillary areas).
This means customers of that licensed establishment can move around and keep their
alcoholic beverages with them in all approved areas. This may include washrooms, hallways,
and stairwells.
- Only sell and serve alcohol purchased on licence from the LCBO, The Beer Store and/or
manufacturer's retail stores.
- Do not substitute one type of alcohol for another without the customer's consent.
- Do not water down or alter a drink unless the customer is informed of the modification at
the time of sale or service. Keep a record of the modification for at least one year.
- Offer a variety of alcohol-free beverages.
, Tips for Encouraging Responsible Alcohol Consumption
Serve drinks in a self-supporting flat-bottomed container. Drinks that cannot be put down
encourage faster alcohol consumption.
Although not legally required, Smart Serve recommends that light meals be available
during alcohol service hours.
Definition 2 of 91
all liquor deliveries in Ontario are subject to the rules, regulations and standards of the LLCA.
All types of liquor may be sold for takeout or delivery, but must be purchased together with food.
This includes beer and wine made under a brew pub or wine pub endorsement. All liquor sold for
takeout or delivery must be securely closed.
The liquor and food must be purchased together from the licensed establishment, and delivered
together, by the liquor sales licensee, their employees, or a licensed delivery service acting under
an arrangement with the liquor sales licensee.
Licensees must ensure that any staff involved in the sale or delivery of liquor has completed
Smart Serve training.
There is no limit on the amount of liquor that may be sold for takeout or delivery.
Licensees are not required to charge for delivery (but may do so if they so choose).
The sale and delivery of liquor with food is only allowed between 9 a.m. to 11 p.m.
liquor regulations and standards general
golf course endorsement
take home the rest
caterer's endorsement
, Definition 3 of 91
deny entry in these circumstances:
- the person is intoxicated
- The person is underage *The LLCA does not specifically prevent underage customers from
entering a licensed establishment. The terms and conditions of a licence could prohibit minors, as
could a licensee's house policies.
- The person is disruptive
- The person was asked to leave or was removed earlier in the day
- The person has been barred from the establishment
- The establishment is at maximum capacity
what obligation to deny entry is under the LLCA
what are alcohol service regulations/standards
what information should you record in an incident report
what are the max capacity regulations/standards
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