❑ Knowledge: Knowledge is power, and with knowledge, you will have the power to keep

your customers and your establishment safe. This includes understanding the rules and
regulations of selling, serving or delivering alcohol in Ontario.
❑ Steps: Keeping customers safe means knowing what steps to take. This includes how to
identify whether a customer is at least 19 years of age, how to monitor a customer’s
alcohol consumption, and what to do if a customer puts your safety or the safety of
others, at risk.
❑ Communication: You are in the people business, but with a difference: alcohol alters the
way people behave. How you communicate matters, whether you are denying entry or
stopping service to prevent intoxication.
❑ Learn: The information in this program will teach you what to look for when selling,
serving or delivering alcohol (e.g., signs of intoxication). Be sure to access the tools and
tip sheets found in the Resources section at the top right of this page. They are yours to
download and keep.
❑ Practice: Talking to people who are intoxicated (by alcohol or drugs) requires a calm and
thoughtful approach. You need to be firm, while showing understanding and concern for
the safety of your customers. Practice your approach with family, friends, and colleagues.
It's a great way to improve your skills and boost your confidence!
❑ Act: Sometimes you will encounter situations where you will need to take action fast.
The Smart Serve Program will teach you the right actions and when to take them. Never
lose sight of the fact that the safety of your customers will often depend on you doing the
right thing.
❑ Reflect: Completing this training is just the beginning. As a professional in your industry,
you will handle all kinds of situations. Make it a habit to reflect on how you managed
each situation. What did you do right? What would you do differently the next time?
❑ Share: Your knowledge, skills, and experience are a great resource. Put them to use by
sharing what you know with your co-workers. After all, you are part of a team that is
working together for the same objective: keeping people safe!
❑ On average, the body can metabolize approximately 1 standard drink per hour.
❑ The AGCO issues licences for the sale, service and delivery of alcohol and is responsible
for regulating the alcohol,

Alcohol
❑ The impact of alcohol
❑ Thousands of years ago, after discovering what happens to fruits, grains, and vegetables
during a process called fermentation, humans began consuming alcoholic beverages.
Alcohol content is measured by the percentage of alcohol that is found in a specific
volume of liquid. A volume of liquid is measured in ounces (oz) or millilitres (mL). The
original container or bottle will list the percentage of alcohol.
 ❑ Alcohol begins to move through the stomach, intestines, and into the bloodstream even as
the first drink is being consumed. Every heartbeat then carries it throughout the body,
into tissues and organs (e.g. the brain). Since alcohol is a depressant, it slows down the
central nervous system and impacts how a person thinks, acts, and moves.
❑ The amount of alcohol in the bloodstream is called Blood Alcohol Concentration (BAC).
BAC is the amount of alcohol measured in milligrams, found in 100 millilitres of blood.
For example, a person with 50 mg of alcohol per 100mL of blood has a BAC of 0.05 (50
mg divided by 100 mL).
❑ Alcohol is metabolized more slowly than it is absorbed, therefore each drink consumed
will increase the blood alcohol concentration until the body is able to get rid of it.
Approximately 90% of the alcohol content will be slowly eliminated from the
bloodstream. How does the body do this? It has an efficient system that uses chemicals in
the liver to break down (metabolize) the alcohol so that it can be eliminated from the
body at an average rate of one drink per hour. The remaining 10% will be eliminated
through a person's breath, sweat, and urine.
❑ The number of drinks and how quickly they are consumed are two main factors that
affect BAC levels. The more drinks consumed in a shorter period of time, the higher the
BAC. For example, four drinks in one hour will cause a higher BAC than one drink per
hour for four hours. And, because alcohol takes time to make its way into a person's
bloodstream, BAC will continue to rise, even after the person stops drinking. So how can
you estimate what is safe to serve each customer?
❑ 1) Know your Standard Drink sizes:
❑ The Standard Drink is a benchmark that can help you estimate the amount of alcohol
each guest has consumed.
❑ Each of these servings contains exactly the same amount of alcohol (0.6 ounces or 17 mL
of pure alcohol) and will have the same effect on the body.
❑ 2) Learn how to read a BAC chart:
❑ A BAC Chart shows an estimate of what happens to BAC levels when a certain number
of Standard Drinks are consumed over a specific period of time. Actual BAC values will
vary based on body type, sex, and other factors.
❑ 3) Monitor how much your guests drink:
❑ In addition to counting drinks, use your observational skills. Watch and listen to your
guests and continue to talk with them throughout their visit to see if they are showing any
signs of intoxication.
❑ Providing a safe and responsible alcohol experience means not serving a customer to the
point of intoxication.
❑ The more drinks consumed in a short of time will cause a higher BAC- and will continue
to rise even after the person has stopped drinking

Alcoholic Beverages
Classes: There are 3 general classes of alcohol: beer, wine and spirits. xamples of spirits are
vodka, gin, rum, tequila, whisky, and brandy. Spirits also include flavoured liqueurs such as
Jagermeister, Kahlua, Amaretto, and many more
Differences: Alcohol content is measured by the percentage of alcohol that is found in a specific
volume of liquid. A volume of liquid is measured in ounces (oz) or millilitres (mL). There are
differences in the alcohol content found in beer, wine, and spirits

• Beer can contain 4.5%, 5%, or even 9% alcohol.

• Wine can contain from 6% to over 15% alcohol.
• Spirits can contain from 15% to over 40% alcohol.

Labels: The original serving container or bottle will list the percentage of alcohol content that is
in that entire volume of liquid. For example, if the alcohol content indicates 12% on a 750 mL
bottle of wine, that means 12% of the 750 mL bottle is pure alcohol

Standard drink: The Standard Drink is a benchmark that can help you estimate the amount of
alcohol each customer is consuming.

Note: Each of these drinks contains exactly the same amount of alcohol (0.6 ounces or 17 mL of
pure alcohol), and will have the same effect on the body.

❑ One Standard Drink of BEER is 12 ounces (341 mL) of beer (including cider) with 5%
alcohol.
❑ One Standard Drink of WINE is 5 ounces (142 mL) of wine with 12% alcohol.
❑ One Standard Drink of SPIRITS is 1.5 ounces (43 mL) of spirits with 40% alcohol.

How to calculate a standard drink

It’s important to always think of a drink serving in terms of a Standard Drink. However,
sometimes the alcohol being served is not a Standard Drink size and may have a different
percentage of alcohol.

Use this formula to calculate what a Standard Drink will be for any percentage of alcohol.

60 ÷ alcohol percentage = amount (in ounces)

For example, a drink containing 40% alcohol would require a serving size of 1.5 ounces to be
considered a Standard Drink. The calculation is: 60 ÷ 40 = 1.5

Shot glasses: An establishment can choose from many glass styles when serving alcohol. It is
recommended that shots and shooters not be served in round-bottomed vials or test tubes. They
should be served in a self-supporting, flat-bottomed container. The customer should be able to
put the drink down so they are not forced to drink the entire serving at once.
How Glass Size Impacts a Standard Drink

Below are common glass sizes used for serving beer.

Select each image to reveal how many Standard Drinks are contained in the glass. This is
calculated by dividing the ounces of beer (with 5% alcohol) in each glass by 12 ounces (the
Standard Drink size).

❑ 12 ounces= 1 standard drink

❑ 20 ounces=1.6 standard drinks
❑ One Standard Drink of BEER is 12 ounces (341 mL) with 5% alcohol.

Mixed Drinks

Mixed drinks may combine more than one type of alcohol.

How to Estimate Blood Alcohol Concentration (BAC)

❑ How BAC is Measured
❑ Drinking an alcoholic beverage will result in its alcohol content being absorbed into the
bloodstream. The amount of alcohol in the bloodstream is called Blood Alcohol
Concentration (BAC). BAC is measured by the amount of alcohol (milligrams) found in
100 milliliters of blood. For example, a person with 50 mg of alcohol per 100mL of blood
has a BAC of 0.05 grams per 100 mL of blood (50 mg divided by 100 mL = 0.05 g per
100 mL).
❑
❑ BAC and Intoxication
❑ The higher the BAC, the higher the level of intoxication. Intoxication is a state in which a
person's normal capacity to think, act and move is impaired by alcohol, cannabis, and/or
other drugs. This puts your customer, and others at risk. It’s your job to keep track of how
much your customers are drinking and to estimate the amount you can safely serve.
❑ BAC Chart
❑ A BAC chart can help by showing an estimate of what happens to BAC levels when a
certain number of Standard Drinks are consumed over a specific period of time.
❑ BAC charts incorporate a person’s sex, weight, number of drinks consumed and time.
Time is the most important factor impacting BAC. The more drinks consumed in a
shorter period of time, the higher the BAC.
❑ BAC will continue to rise, even after the person stops drinking, because it takes time for
alcohol to travel into the bloodstream.
❑ BAC charts also take into account that the body will eliminate alcohol at a rate of
approximately one Standard Drink per hour. Elimination rates will vary based on a
person’s sex and weight.
 ❑ This BAC chart assumes a rate of elimination of alcohol from the body of 0.015
mg/ml/hr, or approximately one Standard Drink per hour. Elimination rates may
vary between 0.01 and 0.025 mg/ml/hr, depending on factors such as a person’s sex
and weight. This means that less than one Standard Drink may be eliminated by an
individual's body per hour.
❑ Note: In Ontario, a BAC of 0.05 or over can lead to a driver’s licence suspension under
the Highway Traffic Act (HTA). A BAC of 0.08 or over is a criminal offence. Check the
Resources section for a link to more information on The Highway Traffic Act.

The Traffic Light System

❑ Counting drinks is not always a realistic way to judge a customer’s level of intoxication,
especially if they have been drinking or using drugs before they enter your workplace.
For this reason, a traffic light system of “red, yellow and green” can be helpful in
determining whether or not it is safe to serve your customers.

Factors that Impact BAC: Part 1

Sex, weight, number of drinks and time are the main factors that impact a customer’s BAC level.
There are additional factors that can impact a customer’s BAC level.

Select each item to reveal details about each of these physical factors.
Body Size

❑ When served the same amount of alcohol in the same amount of time, a smaller person
will have a higher BAC than a larger person. This is because the alcohol is concentrated
in a smaller body mass
❑ When comparing two people of the same weight, a person with a higher percentage of
body fat will tend to have a higher BAC. This is because alcohol is not absorbed into
fatty tissue and is therefore concentrated in a smaller body mass.
❑ Muscular people have more total body water because muscle tissue contains more water
than fat tissue. Alcohol distributes itself in total body water, but not in fat. So, a more
muscular 175-pound (79.4 kg) male will have a lower BAC than an unfit 175-pound
(79.4 kg) male
❑ As people age, their ability to metabolize alcohol decreases. Aging reduces muscle mass
and the body’s ability to retain water. An older person who drinks the same amount of
alcohol as a younger person will likely have a higher BAC level.
❑ Females and transgender individuals assigned female at birth, tend to have a higher
proportion of fatty tissue and less total body water than males and transgender individuals
assigned male at birth, of the same weight. If a female and male weigh the same, and
 consume the same number of Standard Drinks in the same amount of time, the female
will likely have a higher BAC.

Factors that Impact BAC: Part 2

Select each item to learn how food and other non-alcoholic drinks can impact BAC levels.
❑ Eating foods that are high in fat and protein, before or while drinking, will keep alcohol
in the stomach longer and slow down absorption. This means it may take more time for
BAC levels to rise. Eating food and consuming alcohol-free drinks may also slow the rate
at which a person consumes alcohol.
❑ Note: Salty foods can cause a guest to become thirsty, which may lead them to drink
more in a shorter period of time.
❑ Legal/illegal drugs, cannabis, prescription drugs, and over-the-counter medications can
increase the effects of alcohol.
❑ Caffeinated energy drinks and coffee are stimulants that can mask the effects of alcohol.
This means people consuming these drinks along with alcohol may not realize how
intoxicated they are becoming. Health Canada requires that all energy drink labels state
“do not mix with alcohol.”
❑ Carbonated drinks allow alcohol to enter into the bloodstream faster than normal. This is
because carbonation builds up the pressure in the stomach, forcing alcohol into the
stomach lining. From there, alcohol can quickly pass into the bloodstream.
❑ Factors that Impact BAC: Part 3
Environment

❑ Under most social drinking conditions, drinks are consumed every 20 minutes or at a rate
of three per hour in a one to two hour period. Patterns will change with extended periods
of drinking. People who are involved in social activities (talking with friends and eating)
will often drink less, and slower.

Tolerance

Experienced or regular drinkers tend to increase the amount they drink over time to feel the same
effects from alcohol. They may show few visible signs of intoxication even with fairly high
BACs. It is entirely possible for a customer to be too drunk to legally drive, yet show no visible
signs of intoxication. It is important to note that a greater tolerance to alcohol does NOT lower a
person’s BAC.
This chapter covers:

• Physical signs of intoxication.

• Mental/cognitive signs of intoxication.
• Social signs of intoxicatio

Signs of Intoxication

Intoxication is a state in which a person's normal capacity to move, act, and think is
impaired by alcohol, cannabis, and/or other drugs.

You can download a job aid with all the signs of intoxication from the Resources
section.

PHYSICAL.

Physical signs of intoxication are based on changes in an individual’s appearance,

movements, and vital signs.

MENTAL/COGNITIVE.

Mental/cognitive signs of intoxication are based on an individual’s loss of self-control

and inhibitions, loss of memory, and a decreasing ability to make good decisions.

SOCIAL.

Social signs of intoxication are based on how an individual interacts with you and
others.

Physical: Change in vital signs and physical appearance:

• Breathing is noticeably slower/shallower

• Excessive sweating; may smell of alcohol and/or cannabis
• The face is flushed/red face
• Eyes are red/glassy/expressionless
 • Pupils are dilated

Change in energy:

• Looking tired; sleepy; passing out

Loss of hand-eye coordination:

• Unable to pick up change

• Spilling or knocking over drinks
• Fumbling with phone

Loss of motor control and balance:

• Unable to sit straight in a chair

• Swaying; stumbling; bumping into things
• Holding onto chairs or tables for support
• Falling down; holding out arms for balance
• Difficulty walking in a straight line or moving around objects

Mental/cognitive

Change in speech:

• Speaking louder than necessary

• Slurring words
• Using foul language
• Talking too slow, too fast, or both

Loss of memory:

• Leaving a drink on a table or bar and then ordering another

• Forgetting where they are, or where they came from
• Forgetting names
• Repeating stories, jokes, or conversations

Decrease in alertness:
 • Slower response to questions
• Losing train of thought; lacking concentration
• Unable to do simple calculations (for example, paying the bill)

Loss of self-control and inhibitions:

• Drinking faster
• Becoming animated and boisterous
• Talking to strangers
• Complaining about the price of drinks, or how they’re made
• Making irrational statements

Making poor decisions:

• Being careless with money

• Ordering two drinks at a time, or ordering doubles
• Wanting to drive while intoxicated

Social

Change in social interactions:

• Being overly friendly and starting conversations with strangers

• Buying a round of drinks for strangers
• Being argumentative
• Becoming aggressive
• Making sexual advances
• Annoying other guests

This chapter covers:

• The Liquor Licence and Control Act, 2019 (LLCA).

• The role of the Alcohol & Gaming Commission of Ontario (AGCO).
• Liquor Sales Licences.
The Liquor Licence and Control Act, 2019 (LLCA)

To understand the Liquor Licence and Control Act, 2019, we have to go back to the first
decades of the twentieth century. A group of people worked together to make the sale and
consumption of alcohol illegal in much of Canada. This period of time was called prohibition
and lasted in Ontario from 1916 until the ban was lifted in 1927.

To keep the public safe and ensure everybody selling or serving alcohol followed the same rules,
the government passed the Liquor Licence Act (or LLA) in 1927, now known as the Liquor
Licence and Control Act, 2019 (LLCA). The Liquor Licence and Control Act, 2019 (LLCA) and
the regulations under the LLCA come into effect, enabling the AGCO to modernize the way it
regulates the sale, service and delivery of liquor, and importantly, lay the groundwork for a more
flexible approach to regulation.

• A Liquor Sales Licence is required by any business wishing to sell or serve alcohol on its
premises. Liquor Sales Licences are issued by the AGCO.
• Special Occasion Permits (SOPs) are required for the service of alcohol at an event in any
location other than a licensed establishment (bar or restaurant) or private place
(boardroom in a private office), or residence. However, if alcohol is being offered for sale
at a private place, an SOP is required -- this excludes private residences (your home)
where alcohol cannot be sold.
• Endorsements are additions to a liquor sales licence. Any establishment that has a Liquor
Sales Licence can also apply for a licence endorsement. An endorsement is only used for
specific circumstances (for example, a golf course that wants to sell and serve alcohol on
the playing area of the golf course).

It is a violation of the LLCA to sell or serve alcohol in Ontario to anyone under the age of 19.
Additionally, any individuals selling, serving, handling or delivering alcohol must be at least 18
years of age.

The LLCA and the AGCO are essential for safe and responsible alcohol sales, service and
delivery in Ontario.

Regulations and Standards: Licensed Establishments

Regulations and Standards: Part 1

A Liquor Sales Licence can be issued to an individual or a corporation who is then

known as the licensee (owner/manager of the establishment). The licence must be
displayed where customers can see it. All licensees selling and serving alcohol in
Ontario are subject to the Liquor Licence and Control Act, 2019 (LLCA), its
Regulations, Registrar's Interim Standards and Requirements.

- Only sell and serve alcohol to customers who are at least 19 years of age.

-
- Ensure any staff member selling, serving, handling or delivering alcohol is at
least 18 years of age and Smart Serve certified.
-

Regulations and Standards: Part 2

Service Times

Permissible hours for the sale and service of alcohol in a licensed establishment are:

• Monday to Sunday:
9:00 a.m. to 2:00 a.m.
• New Year's Eve (December 31st):
9:00 a.m. to 3:00 a.m.

Daylight savings:

• Fall: Turn the clock back from 2:00 a.m. to 1:00 a.m. and you may then continue
to serve alcohol until the stop-service time of 2:00 a.m.
• Spring: Turn the clock forward from 2:00 a.m. to 3:00 a.m. At this time the sale
of liquor must stop.

Service Rules
• A licensed establishment must not require customers to purchase a minimum
number of drinks in order to gain entry to, or remain on the premises.
• Orders for alcohol must be served before the stop-service time. For example, in
a licensed establishment, you cannot serve drinks after 2:00 a.m. even if you
took the order at 1:55 a.m. (except on New Year's Eve).
• All alcohol and its containers (including empty glasses and bottles) must be
cleared away within 45 minutes of the stop-service time on the licence. For
 example, by 2:45 a.m. for most establishments where the stop-service time is
2:00 a.m.
• Alcohol Service
• 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.
• Licensed Area
• 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.
• Maximum Capacity
• Every establishment has a maximum capacity that is shown on their Liquor
Sales Licence.
• Maximum capacity is the total number of customers and employees allowed in
the establishment at one time.
• Each separate area within an establishment may have its own maximum
capacity.
• Even when maximum capacity has been reached, on-duty AGCO Inspectors, law
enforcement officers, firefighters, and government inspectors (e.g., building code
inspectors, health inspectors), must be allowed entry.
• Sandy's Law
• Every establishment selling or serving alcohol must display a sign warning that
drinking alcohol during pregnancy can cause Fetal Alcohol Spectrum Disorder
(FASD).
• Under the LLCA it is a regulatory violation to sell or supply alcohol to anyone
unless the sign is prominently displayed.
• Check the Resources section for a link to more information on Sandy’s Law.
• Seven Types of Endorsements
• Endorsements allow licensed establishments to sell and serve alcohol under
specific circumstances. Each type of endorsement is subject to specific
regulations and conditions.
• Brew Pub Endorsement
• Allows the licensee to sell and serve beer manufactured on the premises for
consumption on the same premises. The holder of a Brew Pub Endorsement
may offer their beer for takeout and delivery (with food) if they meet the
requirements set out in regulation. It is the endorsement holder’s responsibility
to comply with all federal and provincial requirements.

•
• Wine Pub Endorsement
• Allows the licensee to sell and serve wine manufactured on the premises for
consumption on the same premises. The holder of a Wine Pub Endorsement
may offer their wine for takeout and delivery (with food) if they meet the
eligibility requirements set out in regulation
• Caterer's Endorsement
• Allows the caterer (licensee) to sell and serve alcohol off the licensed premises.
The catered event must be sponsored by someone other than the licence holder.
The licensee’s employees are the only ones allowed to sell or serve alcohol. Any
unserved alcohol must be returned back to the caterer’s licensed premises.
• Room Service Endorsement
• Allows the licensee to sell and serve alcohol to registered guests in a room that
is rented for overnight accommodation.
• Mini-Bar Endorsement
• Allows the licensee to sell alcohol from a mini-bar in a room that is rented for
overnight accommodation. The mini-bar must also include non-alcoholic
beverages.
• Golf Course Endorsement
• Allows the licensee to sell and serve alcohol for consumption on the playing
area of a golf course. Alcohol may be sold and served from a mobile vending
cart. Customers are not permitted to have alcohol outside of licensed areas.
Areas that are not licensed include: parking lots, public walkways, or roadways.
While customers can have open alcohol in a golf cart, they cannot hold or drink
alcohol while driving the cart.
• Bring Your Own Wine (BYOW) Endorsement
• Allows customers to bring bottles of commercially made wine into a licensed
establishment for consumption on the premises. The bottle must be sealed and
unopened when it is brought into the establishment and must be opened by an
employee of the establishment. A customer can take home any unopened or
unfinished wine when leaving the establishment, provided it has been securely
closed by the licensee.
• Take Home the Rest
• All liquor sales licensees have the option to reseal a partially consumed bottle
of commercially-made wine so that patrons can take it home.
• Use the button in the top right hand corner of the box below to review rules
and regulations.
• The customer must not be intoxicated.
• The wine must have been opened and partially consumed.
• The wine must be commercially made and bought at the establishment or
brought in by the customer under the BYOW endorsement.
• The wine bottle must be securely closed by the licensee.
• Wine from another bottle must not be combined into the bottle that will be
resealed.
• A customer must not be allowed to take home an unopened bottle of wine
purchased from the licensed establishment unless it's ordered with food for
takeout.
• Regulations and Standards: Special Occasion Permits
 • This chapter covers:
• Types and classes of Special Occasion Permits (SOPs).
•

Special Occasion Permits (SOPs)

Special Occasion Permits (SOPs) are required for the service of alcohol at an event in
any location other than a licensed establishment (bar or restaurant), private place
(boardroom in a private office), or residence. However, if alcohol is being offered for
sale at a private place, an SOP is required—this excludes private residences (your
home) where alcohol cannot be sold.

The individual whose name is listed on an SOP or a designate must be present at all
times and holds the responsibility for ensuring the Liquor Licence and Control Act,
2019 (LLCA) regulations and standards are followed.

The SOP permit holder must only sell and serve alcohol to guests who are at least 19
years of age.

The SOP permit holder must ensure all staff selling, serving, or handling alcohol are at
least 18 years of age (including anyone selling drink tickets). Although Smart Serve
certification is not required under a SOP, it is strongly recommended and may be a
requirement under a Municipal Alcohol Policy (MAP).

Two Types of Permits

Select each image to learn about the two types of permits that are available:
A "No Sale" permit is required when:
• An event is held in a location other than a private place or residence.
• Alcohol is served free of charge.
• A "Sale" permit is required when:
• Alcohol is sold, either through a cash bar or alcohol tickets.
• Admission is charged.
• ypes of Events: Part 1
• Select each image to learn more about types of events:

• Private
• Private events are only for individuals who have been invited by the host. These
include cash or non-cash bars at birthday parties, weddings, and bridal showers.

• Public
• Public events are open to the public, and allow for fundraising/profit from the
sale of alcohol. Examples include charity fundraisers, outdoor street festivals,
and community festivals

• Industry Promotional
• Industry promotional events are held to promote a manufacturer's product
through sampling. However, there can be no intent to profit from the sale of
alcohol at these events.
• SOPs for Private Events
• Select each item to learn more about SOPs for private events.
• Private events:
• Cannot be advertised, including via public social media.
• Can only be attended by invited guests.
• Cannot profit from the sale of alcohol.
• Cannot be used for personal gain, or to help a business.
• Cannot encourage drinking contests/games that lead to excessive drinking.
• Alcohol served and sold at an SOP private event must be purchased under
authority of the permit from the Liquor Control Board of Ontario (LCBO), The
Beer Store, and/or manufacturers retail stores.
• Homemade wine and beer can be served at a private event as long as it is not
sold. The beer or wine must be made by a member of the family hosting the
event and provided free of charge.
• Although not legally required, Smart Serve recommends that food be made
available.
• Types of Events: Part 2
• Tailgate Events
• A tailgate event is a type of public event for which you can obtain a Special
Occasion Permit (SOP) called a Tailgate Event Permit. A tailgate event is
generally considered to be an outdoor social gathering, where attendees can
bring their own food, beverages (including alcohol), and often their vehicles.
• Eligibility
• To be eligible for a Tailgate Event Permit in Ontario, the tailgate event must be:
• an outdoor event that is held in connection with, and in proximity to, one of the
following types of live sporting events:
o Professional
o Semi-professional
o Post-secondary
• held at an outdoor space, at ground level (e.g. parking lot).
• be in proximity to where the live sporting event is taking place.
• Alcohol Sold, Served and Consumed
• Unlike other SOPs, attendees 19 years of age or older, must
be permitted to bring their own alcohol (BYOB) for
consumption within the permitted area for the tailgate event.
However, attendees cannot sell their own alcohol as only the
Permit Holder may sell alcohol purchased under the permit if
the permit allows for it.
• Attendees can bring and consume homemade alcohol or
alcohol made at a brew or ferment on premise facility, but the
Permit Holder cannot sell or serve this type of alcohol
• Important Rules 1 of 2
• Permit Holders (or a designated Responsible Person) are responsible for the
safety of all individuals attending the event. It is their responsibility to not allow
intoxication, regardless of whether alcohol is sold or served by the Permit
Holder or is brought by the attendee.
• It is the responsibility of the Permit Holder to ensure that individuals under 19
are not consuming any alcohol in the permitted area of the tailgate event.
• The designated Responsible Person for the tailgating event must be 19 years or
older.
• Important Rules 2 of 2
• A Tailgate Event Permit specifies the hours that alcohol can be sold, served and
consumed during each event. The Permit Holder shall ensure that the hours
outlined in the permit are followed. The hours must be between 9:00 a.m. and
2:00 a.m. the following day, except for New Year’s Eve (December 31) when
sale, service and consumption must cease by 3:00 a.m. on January 1.
• It is the responsibility of the Permit Holder to ensure that individuals attending
the tailgate event do not leave the permit area with unsealed or opened alcohol.
• For Example:
• In cases where an attendee is departing the event in a motorized vehicle (other
than a form of public transit), alcohol must be sealed and unopened, or packed
in baggage that is fastened closed, or is not otherwise available to anyone in the
vehicle.
• Attendees leaving by foot, or other means, must transport unfinished alcohol in
a closed container.
• Regulations and Standards: Retail Sales
• This chapter covers:
• Important regulations and standards for:
o Retail sales.
o Retail sampling.
• Retail Stores
• Select the arrows to find out where alcohol can be sold in a retail
environment in Ontario.

• Grocery Stores
• Licensed grocery stores can sell beer, cider, and wine.
• Manufacturer's On and Off-Site
• Eligible products (wine, beer, or cider) can be sold at manufacturers’ on- and
off-site stores.
• Retail Store Information Guides can be found on the AGCO’s website.
• Manufacturer's On and Off-Site
• Eligible products (wine, beer, or cider) can be sold at manufacturers’ on- and
off-site stores.
• Retail Store Information Guides can be found on the AGCO’s website.
 •
• Regulations and Standards: Part 1
• All licensed Grocery Stores and Manufacturers' Retail Stores selling alcohol in
Ontario are subject to the Liquor Licence and Control Act, 2019 (LLCA), and the
Registrar's Interim Standards and Requirements. It is the responsibility of the
licensee to ensure that the proper conditions for in-store alcohol sales and
sampling are met.
• Use the button in the top right hand corner of the box below to learn more.
• 1/6

•
• Only sell alcohol to customers who are at least 19 years of age.
• Ensure all staff members selling alcohol are at least 18 years of age and Smart
Serve certified.
• Never sell alcohol to a person who is intoxicated.
• 4/6

•
• Never sell alcohol to a second-party purchaser. A second-party purchaser is
someone over the age of 19 who attempts to buy alcohol on behalf of another
individual who is either intoxicated or under the age of 19.
• 5/6

•
• Display the Sandy’s Law poster warning that drinking alcohol during pregnancy
can cause Fetal Alcohol Spectrum Disorder (FASD).
• Provide full access to police and AGCO Inspectors to inspect
the store at any time.

Regulations and Standards: Part 2

❑ Permissible hours for the retail sale of alcohol:
❑ Monday to Sunday: 7:00 a.m. to 11:00 p.m.
❑ Although a retail store cannot sell alcohol before or after the legal times, they
may choose to further limit their hours for alcohol sales and exchanges.
❑ Alcohol can be sold between 9:00 a.m. and 11:00 p.m.,
Monday to Sunday

❑
❑ Eligible wine and eligible spirits may be offered for sale during the hours of
operation of the Farmers' Market, although farmers' markets may choose to
further limit these hours.
❑ Grocery stores must not allow exchanges for other alcohol
products outside of the legal hours of sale. However, they
may process refunds at any time.
❑ Regulations and Standards: Part 3
❑ A licensed store must:
❑ Display beer and cider together, but wine can be in a separate location.
❑ Ensure that a proportion of the containers of beer, wine, or cider on display are
produced by small breweries, cideries, and wineries.
❑ Ensure that any alcohol not on display to customers is stored in a secure area,
inaccessible to the public.
❑ Licensed stores must ensure that alcohol is not available to
customers outside of the permissible hours of sale. Some tips
to accomplish this include:
❑ Locking refrigerators in which alcohol is located.
❑ Creating a partition around alcohol display aisles.
❑ Locking the point-of-sale system to prohibit the sale of alcohol.
❑ Ensuring all employees understand the store policies regarding the sale of
alcohol.
❑ A licensed store that allows customers to use a self-checkout
station to purchase alcohol should:
❑ Ensure that all staff members monitoring the self-checkout station are at least
18 years of age and Smart Serve certified.
❑ Ensure that all staff members are able to effectively determine the customer’s
age and assess the customer’s level of intoxication.
❑ Ensure that all staff members know the store policy when refusing to sell
alcohol to a customer (for example, intoxicated, underage or second-party
purchasers).
❑
❑ Sampling
❑ Licensed stores may offer sampling to its customers. Staff members must be at
least 18 years of age and Smart Serve certified. It is the responsibility of the
licensee to ensure the proper conditions for in-store alcohol sampling are met.
❑ Customers
❑ Never provide alcohol samples to a person who is underage or intoxicated.
❑ Never allow customers to remove samples from the "sampling area."
❑ Location
❑ Only provide samples in an area that is adjacent to the alcohol display. This
includes samples at a wine boutique.
❑ Grocery stores: customers must consume the sample in the area where the
sample was provided.
❑ Manufacturer’s on-site retail stores: customers may carry a sample and consume
it anywhere within the store shopping area.
❑ Licensed Grocery Stores
❑ Schedule sampling only during permissible hours of alcohol sales.
❑ Only provide samples of alcohol products the store is licensed to sell.
❑ Never sell samples at a profit, only to recover the cost of providing the sample.
❑ Ensure that any marketing method used to support sampling adheres to
appropriate AGCO advertising guidelines.
❑ Regulations and Standards: Liquor
❑ This chapter covers:
❑ Important regulations and standards for Liquor Delivery
❑ How can liquor be delivered?
❑ In this chapter, we will only focus on the sale of liquor with food for takeout or
delivery.
❑ Select the arrows to learn more.

❑ D 1. Licensed Liquor Delivery Services

❑ Requires a liquor delivery licence from the Alcohol and Gaming Commission of
Ontario (AGCO).
❑ All liquor must be purchased or obtained from:
❑ The LCBO (Liquor Control Board of Ontario),
❑ An LCBO Agency Store (also known as LCBO Convenience Outlets),
❑ The Beer Store,
❑ A licensed grocery store,
❑ Or a manufacturer’s retail store,
❑ An eligible liquor sales licensee

❑ All individuals delivering liquor must be at least 18 years of age and carry
a copy of the Liquor Delivery Service licence. Licence holders (and any
employees and contractors) must understand the obligations under the Liquor
Licence and Control Act, 2019 regulations and standards.

❑ 2. Liquor Sales Licensees Selling Liquor with Food for Takeout or

Delivery
❑ Eligible liquor sales licensees are allowed to sell liquor for takeout or delivery
along with food.
❑ Regulations and Standards: Part 1 - Overview
❑ All liquor deliveries in Ontario are subject to the rules, regulations and
standards of the Liquor Licence and Control Act, 2019 (LLCA). It is the
responsibility of licensees to ensure that all rules are followed before, during
and after delivery.
❑ 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.
❑ Regulations and Standards: Part 2 - Restricting Access
❑ Deliver to the person who paid for the order or to another individual at the
delivery address who is at least 19 years old.
❑ The liquor for takeout must be given to the person who made the purchase.
❑ Liquor sales licensees, their employees, or licensed delivery services must ask
for and examine valid identification if they think anyone is under the age of 19.
❑ A second-party purchaser is someone at least 19 years of age who attempts to
buy liquor on behalf of another individual, who is either intoxicated, or under the
age of 19. Do not sell or deliver liquor to a second-party purchaser.
❑ Licensees must ensure that liquor is not sold for takeout or delivered to anyone
who is (or appears to be) intoxicated.
❑ Liquor must not be delivered to a patient in a medical institution or a patient in
an institution for the treatment of alcohol addiction.
❑ The liquor must be delivered to a private place or residential address. The
definition of a private place is an indoor place where the public is not normally
invited or allowed in. Remember that liquor and food must be delivered
together.
❑ Liquor sales licensees are permitted to offer mixed drinks, wine and draft beer
(ex. growlers) for takeout and delivery, as long as they are in a securely closed
container.
❑ Regulations and Standards: Part 3 - Record Keeping
For each takeout or delivery order, the licensee must record important
information about the order. These records must be kept for one year and made
available to the AGCO if requested.
❑ Record keeping for Takeout Orders
Liquor sales licensees must keep a record of liquor sales with food for takeout
for one year.
❑ Record keeping for Delivery Orders
For orders placed with a licensed delivery service, the liquor sales licensee must
record the kinds and quantities of liquor, as well as the licence number of the
liquor delivery licensee who delivered the alcohol.
❑ The liquor delivery licensee must also record the details of the order.
❑ For orders placed directly with the liquor sales licensee, there are additional
requirements for record keeping. The liquor sales licensee must keep these
records for one year after the delivery date.
❑ Use the button in the top right-hand corner of the box below to review the
requirements for record keeping.
❑ The name and address of the licensee;
❑ The name and address of the person who paid for the order;
❑ The delivery address for the food and liquor;
❑ The kinds and quantities of liquor delivered;
❑ The date on which the order is placed and the date of delivery;
❑ The price paid for the liquor;
❑ The delivery fee (if any); and
❑ The name of the person making the delivery, as well as their delivery licence
number (if not an employee of the liquor sales licensee).
❑ Liability

❑ This chapter covers:

❑ Civil liability versus criminal liability.
❑ Ways in which you could be held liable.
❑ Information to record in an Incident Report.
❑ A case study about civil liability.
❑ Alcohol has a negative impact on how a person thinks, acts, and moves. An
intoxicated individual does not always have the ability to make good decisions.
Driving a vehicle, crossing a busy street, or even continuing to drink to excess,
are all examples of bad decisions that can be made under the influence of
alcohol.
❑ When selling or serving alcohol, you should monitor each person for signs of
intoxication, and step in if you think a person is about to make a bad decision.
Otherwise, it’s not just your establishment that can be held liable – you too
could be liable under civil liability.
❑ Civil liability is different from criminal liability. Criminal liability means the police
could charge you with a crime. Civil liability means that an individual can sue
you for damages. This means that if a court decides you have been negligent,
you could be held responsible for property damage or personal injury in the
lawsuit. This also includes any lawsuit brought by an innocent third party who
was injured by an intoxicated guest.
❑ You could be found civilly liable in three ways:
❑ 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.
❑ So, for the benefit of your guests, your establishment, and yourself, be
responsible and make the right decisions.
❑ Recap
❑ Use the button in the top right hand corner of the box below to review
important points about liability.
❑ Civil liability means that an individual can sue you for damages.
❑ Criminal liability means the police could charge you with a crime.
❑ Civil liability can arise in three ways: Under the Liquor Licence and Control Act,
2019 (LLCA), by a court ruling of negligence, or a failure to provide "Duty of
Care", and under the Occupier's Liability Act (OLA).
❑ 4/6

❑
❑ Servers have a duty of care to their guests to keep them safe from harm.
❑ The Occupier's Liability Act (OLA) deals with injuries caused by the condition of
the premises or the activities that take place on the premises.
❑ Under Vicarious liability, employers could be held responsible, regardless of
how careful they have been, for the negligent or otherwise wrongful conduct of
their employees. This does not reduce the personal liability of employees who
can also be found criminally or civilly liable for their own actions.
❑ Incident Report
❑ An incident report is your record of a situation that has occurred within your
establishment and how it was handled. It is important to complete an incident
report while details are still fresh in everyone's mind as it may be used as
evidence if the situation becomes a legal matter.
❑
❑ Intoxicated customer is refused service Minor presents false I.D.
❑ Minor presents false I.D.

❑
❑ Intoxicated customer is refused service

❑
❑ Customer becomes violent or a fight breaks out

❑
❑ Customer is asked by staff to leave

❑
❑ Transportation is arranged for an intoxicated customer

❑
❑ AGCO Inspector visits your establishment

❑
❑ Customer has an accident or becomes ill

❑
❑ Police are called
❑

❑ The who, what, where, when and why.

❑ Location, date, and time of the incident
❑ Servers and Managers on duty
❑ Name of the guest, type of clothing, general attitude
❑ Condition of the guest (i.e, note signs of intoxication)
❑ Details about other guests in the party
❑ Witnesses (with names, addresses and phone numbers if possible)
❑ The bill (keep a copy of the guest's bill or sales slip)
❑ Steps taken to arrange transportation
❑ Information on whether the guest was driving (licence plate number, vehicle
description, direction they drove)
❑ Details of any police involvement
❑ Any other important details
❑ Civil Liability: Scenario
❑ Select the arrows to learn more.
❑ Mike arrived at the tavern with four friends at 10 p.m. They had already
consumed 12 - 15 beers prior to arriving. Although the server observed signs of
intoxication in Mike shortly after he arrived, she proceeded to serve him three
beers over the course of one hour.
❑ Mike and his friends decided to drive to another town. The server did nothing to
stop the group from driving. Later, while traveling on the highway, Mike rolled
his car and was seriously injured. Mike sued the tavern for injuries and lost
wages. The tavern argued that Mike was intoxicated before arriving and
therefore, already a danger to himself and others.
❑ In this case, the courts found the tavern to be liable for 20% of the damages and
Mike to be liable for the remaining 80%. It is important to recognize that each
case is weighed on its own merits and awarded damages can vary. For example,
 if awarded damages are $2 million, the tavern would be liable for $400,000.00
(20%).
❑ More case studies can be found in the Resources section.

❑ Your Obligation to Deny Entry

❑

❑ Your Obligations Under the LLCA

❑ The Liquor Licence and Control Act, 2019 (LLCA) is the law, regulations and
standards that are designed to protect you and your establishment from harm.
These include the obligation to deny entry or remove guests.
❑ Entry cannot be denied to on-duty:
❑ AGCO Inspectors
❑ Police Officers
❑ Firefighters
❑ Government Inspectors (i.e., building code inspectors, health inspectors)
❑ Your Obligation to Deny Entry
❑ The licence holder shall ensure that reasonable measures are in place and
reasonable efforts are made to deter disorderly conduct on the premises. A
licensee has the obligation to deny entry for the following reasons.
❑ Setup
❑ It’s 11:00 p.m. on a Saturday night at a busy establishment. Max is the one
responsible for allowing or denying entry. Tonight, he'll exercise his right to
deny entry several times.
❑ It’s a busy Saturday night when Rose walks up to the entrance of Max's
establishment. Although Max has no way of knowing it, Rose has just been
ejected from a bar down the street. Max observes that Rose smells strongly of
alcohol and is having trouble keeping her balance. She is clearly intoxicated.
❑ Denying Rose entry not only makes good sense - it's the law.
❑ While some licensed establishments permit minors, it's a condition of this
establishment's licence that no one under the age of 19 is allowed entry.
❑ And that includes Liam here, who has just handed Max his older brother's
expired driver's licence. Max refuses entry to Liam but invites him back - when
he turns 19.
❑ Max knows a troublemaker when he sees one - and he’s seen this one before.
Just last week this customer was ejected for being rude and argumentative. Max
refuses entry. The LLCA states that "the licence holder shall not allow
intoxication, unlawful gambling or disorderly conduct".
❑ It’s getting late and the club is full. At this point, Max cannot let anyone else in.
It’s his responsibility to make sure the club does not exceed the maximum
number of people permitted inside. This includes both staff and customers.
❑ Even if an establishment is at maximum capacity, there are exceptions to the no-
admittance rule. Max must not deny entry to Shana here, who is an AGCO
Inspector. Max must let her in. Other exceptions include on-duty law
enforcement officers, firefighters, and government inspectors (like health and
building code inspectors). These people must be admitted.
❑ Max welcomes Shana with the confidence of knowing he has done his job well.
Thanks to him, she won't find intoxicated, underage, or disruptive customers
inside - even on a busy night!

❑
❑ Conclusion
❑ As an employee, it is your responsibility to exercise your legal obligation to deny
entry to people who are intoxicated, underage, disruptive, barred, or who have
been asked to leave earlier the same day. Equally important, you must always
make certain that the total number of customers and employees does not
exceed the establishment's maximum capacity. Once an establishment has
reached its maximum capacity, no more customers can be allowed to enter.
There are, however, exceptions. Entry cannot be denied to the following people
when they are on duty, even when at maximum capacity: AGCO Inspectors,
police officers, firefighters, and government inspectors.
❑ Your Obligation to Remove a Customer
❑ Customers who become violent, aggressive or out of control are not allowed on
the premises. Under the LLCA, you have the obligation to remove an individual
 from the licensed establishment if you reasonably believe that the person falls
into one of two categories:
❑ not permitted by law to be on the premises and
❑ on the premises for an unlawful reason or breaking the law while on the
premises.
❑ Your house policy should include the correct procedures for removing a
customer. More information on house policies can be found in the Manager’s
Library under the Resource Centre at [Link].
❑

❑ Persons not permitted by law to be on the premises

❑ intoxicated individuals
❑ previously barred
❑ previously asked to leave, but returns the same day
❑ under 19 years of age when a condition of the licence states no entry to minors
❑ not permitted to be in the establishment at any time according to a condition on
the licence
❑ Persons on the premises for unlawful reason(s) or is breaking the law on the
premises
❑ rowdy or disorderly
❑ quarrelsome or riotous behaviour, or intent on causing a fight
❑ selling or using illegal products
❑ gambling illegally
❑ soliciting for prostitution
❑ Duty of Care
❑ Remember what you learned about civil liability? An establishment has a duty
of care to protect an intoxicated customer from injuring themselves or others. A
customer who is intoxicated must be removed from the licensed area of the
establishment until arrangements can be made to get them home safely. You
are responsible for the customer until they are sober again.
❑ Select the arrow to move to the next item.
❑ It's two hours into John's shift, and as John passes Charlie's table, he notices
that Charlie's eyes are glassy; he is also swaying in his chair and annoying other
customers. A quick look at his tab shows that Charlie has been served three
 drinks during the past two hours - not enough to account for his signs of
intoxication.

John does a quick assessment and concludes that Charlie must have been
drinking before arriving at the restaurant. He decides that Charlie must be
removed from the premises right away.
❑ John's decision to immediately remove Charlie is the wrong choice. A server
should first talk to a customer in order to assess whether or not the customer is
actually intoxicated. An establishment cannot permit intoxication on the
premises.

Once a customer has been identified as intoxicated they should be monitored

while arrangements are made to safely remove them from the premises.
❑ Until he is sober, Charlie is John’s legal responsibility.
❑ When asking Charlie to leave, John's body language is confrontational. His tone
is judgmental, and he makes no attempt to be discreet.
❑ Instead, John should be firm, friendly, and express his concern that Charlie gets
home safely.
❑ John now escorts Charlie to the door of the establishment. This is where John
makes his biggest mistake. He observes Charlie taking out his car keys, but John
makes no attempt to stop Charlie from driving.
❑ As a server, John is legally responsible for ensuring that intoxicated customers
are not at risk of causing injury to themselves or others. Above all, an
intoxicated customer should never drive.
❑ To fulfill his responsibility, John should have made sure that Charlie got home
safely. He should have called Charlie a cab, sent him home with a sober friend,
or called a family member or friend of Charlie’s to pick him up. Be sure to check
your establishment’s house policies on how to proceed in a situation like this.
❑ If Charlie had insisted on driving, John should have immediately called the
police.
❑ With Charlie removed from the premises, John assumes that the incident is over.
Here, again, he is wrong. Whenever an intoxicated customer is removed from
the premises, it is important to accurately record all of the details in an incident
report.
❑ Scene Complete

❑
❑ Conclusion
❑ What John Did Right:

John stopped service when he observed Charlie showing signs of intoxication.

Unfortunately, John did everything else wrong.

What John Should Have Done:

❑ Talked to Charlie to assess whether or not he was intoxicated. If Charlie was
intoxicated, John should have removed him from the licensed area.
❑ Avoided being confrontational or judgmental. John should have been polite but
firm and emphasized that he wanted to make sure that Charlie got home safely.
❑ Tried to prevent Charlie from driving. If Charlie insisted on driving, John should
have called the police.
❑ Accurately recorded all of the details in an incident report. Even small incidents
should be thoroughly documented.
❑ Setup
❑ A customer who had been asked to leave for being disruptive has returned to
the bar later that same day. Kate, a server, must remove the customer from the
establishment.
❑

❑
❑ Kate is in the middle of a busy shift when she
recognizes a customer who, an hour earlier, was asked to
leave for being disruptive.
❑ The LLCA states that a customer who has been asked to leave and who returns
the same day must be removed from the premises.
❑ The good news is that Kate's establishment has a clearly defined process when
it becomes necessary to remove a customer.
❑ First, she alerts a co-worker and her manager, so that she has support in this
situation.
❑ Next, she politely but firmly asks the customer to leave. She avoids being
judgmental or confrontational.
❑ Any time a customer is asked to leave, there could be many different outcomes:
❑ If the customer agrees to leave, Kate should make certain that the customer
actually leaves the establishment.
❑ In a situation where the customer agrees to leave but is intoxicated, a safe ride
home must be arranged.
Offer to call a cab, a family member or a friend of the customer, to drive the
customer home. If an intoxicated customer insists on driving, call the police.
❑ If a customer refuses to leave as requested, Kate has the right to remove the
customer with no more force than is necessary.
❑ Force can only be used to eject an individual, and not to cause harm. All use of
force must stop once the customer has been removed from the premises.

❑ Conclusion
❑ As an employee, it is your legal obligation to remove a disruptive or intoxicated
customer. However, it is important to recognize that removing a customer does
not mean you are free from liability if that customer, or others, suffer any
foreseeable injury as a result.

❑ To protect yourself and others, remember to alert a co-worker or your

manager, stay calm, be firm, and avoid being confrontational. If force is required,
never use more force than is necessary. All force must stop once the customer
has been removed from the premises.

❑ This chapter covers:

❑ What you might see when an individual is intoxicated.
❑ What you might hear from an individual who is intoxicated.
❑ What you might smell when an individual has consumed cannabis.
❑ Your responsibilities when serving or selling alcohol in the province of Ontario.
❑ Definition of Intoxication
❑ Intoxication is defined as a state in which a person's normal capacity to move,
act, and think is impaired by alcohol, cannabis, and/or other drugs.
❑ This chapter provides a review of signs of intoxication and includes additional
signs specific to cannabis.
❑ What You Might See
❑ What you might see when an individual is intoxicated:
❑ Bloodshot eyes - the white part of the eyes appear red, sometimes with blood
vessels becoming more visible.
❑ Dilated pupils - the size of the pupils may increase and this can negatively
impact an individual’s ability to see clearly.
❑ Poor coordination and balance - an intoxicated individual may have problems
sitting up, standing, walking straight, and turning.
❑ Loss of some inhibitions - intoxication can lead to more impulsive behaviour.
❑ Additional Signs Specific to Cannabis:
❑ Increased appetite - cannabis intoxication can lead to an increase in appetite and
a desire to consume food.
❑ Increased thirst - smoking cannabis can aggravate the throat, causing dryness
and a desire to consume liquids.
❑ Select each image for examples of what you might observe in an individual
who is intoxicated.
❑ Bloodshot eyes and dilated pupils, poor coordination, tired look.
❑ Unable to pick up change
❑ Spilling or knocking over drinks
❑ Fumbling with phone
❑ Unable to sit straight in a chair
❑ Swaying; stumbling; bumping into things
❑ Looking tired; sleepy; passing out
❑ Breathing is noticeably slower/shallower
❑ The face is flushed/red face
❑ Dry mouth, increased appetite
❑ Ordering and eating more food than average
 ❑ Drinking more than average
❑ Loss of some inhibitions
❑ Making irrational statements
❑ Being overly friendly and starting conversations with strangers
❑ Being argumentative and/or aggressive
❑ Making sexual advances
❑ Using foul language
❑

What You Might Hear

What you might hear from an individual who is intoxicated:

• Less accurate when recalling information - intoxicated individuals may be less

accurate when recalling information that was just presented to them.
• Inattentive - intoxicated individuals may be inattentive or easily distracted
during conversations.
• Problems with speech - thinking is slowed when intoxicated. This can result in
slower or slurred speech.
• Slow decision making - time seems to pass in slow motion and can cause
individuals to respond slowly to questions.

Additional Signs Specific to Cannabis:

• Excessive coughing - smoking cannabis can aggravate the throat. This may lead
to excessive coughing.

Select each image for examples of what you might hear from an individual who is

intoxicated. What You Might Smell

What you might smell when an individual has consumed cannabis:

Burnt/smoked cannabis has a very distinct smell. Although the smell of cannabis alone
is not a sign of intoxication, it should act as a trigger for you to look for other signs of
intoxication.

• Look out for individuals who may attempt to consume cannabis in your
establishment. Cannabis cannot be consumed in restaurants, on bar patios and
public areas within 9 meters of a patio.
• Be on the lookout for individuals who may leave the establishment frequently
and return smelling of cannabis. This may indicate that the individual has been
consuming cannabis and should be reassessed before being served any more
alcohol.
• 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.

Remember what you learned about your duty of care? The same rules apply when
dealing with an individual who is intoxicated by cannabis:

• Servers have a duty of care to their guests to keep them safe from harm.
• An intoxicated individual should be refused entry and/or denied service.
• When selling, serving or delivering alcohol monitor each person for signs of
intoxication and step in if you think a person is going to make a bad decision.
• The licence holder shall not allow intoxication, unlawful gambling or disorderly
conduct to occur on the premis

Your establishment should have a house policy for dealing with individuals who are
intoxicated. Ensure that you are familiar with your establishment’s house policy.
• Consuming alcohol and cannabis at the same time may lead to an increase in
the number of times an individual consumes both. For example, inhaling
cannabis may lead to increased thirst, which may lead to more alcohol
consumption
 • Some individuals who consume alcohol and cannabis at the same time may be
intoxicated for a longer period of time.
•
• Consuming alcohol and cannabis at the same time may lead to an increase in
the number of times an individual consumes both. For example, inhaling
cannabis may lead to increased thirst, which may lead to more alcohol
consumption.

Potential Effects of Consuming Alcohol and Cannabis at the

Same Time: Part 2

Consuming alcohol and cannabis at the same time may have an impact on how
someone feels emotionally and physically, as well as how they behave.

Remember what you learned about the signs of intoxication earlier in this course? The
signs of intoxication are similar when both alcohol and cannabis are consumed at the
same time. There can also be additional negative effects.

Your Responsibilities

Earlier in the course, we reviewed your responsibilities when selling, serving or

delivering alcohol in the province of Ontario. Servers have a duty of care to help keep
their guests safe from harm.

Be vigilant and proactive:

• Some individuals consume alcohol and cannabis at the same time. For example,
someone may be consuming drinks in a bar or restaurant and may also be
smoking cannabis outside. Be on the lookout for individuals who may try to
consume cannabis on the premises, or who leave and return frequently. Monitor
all guests for signs of intoxication, and take steps to protect guests and others
from the dangers of intoxication. Remember, you must not permit intoxication in
licensed premises or serve guests to the point of intoxication
It is illegal to drive while intoxicated, as intoxication impairs an individual’s ability to
drive safely. Step in if you think a person is going to make a bad decision. An
establishment has a duty of care to protect guests from injuring themselves or others.

Providing safe and responsible alcohol sales and

service in your workplace is an important role.
This means following the right steps every time
at each stage of service: when customers arrive,
during their stay, and when they are ready to
depart.

Our approach to following the right steps is

SIMPLE:

S-Check for SIGNS of intoxication

Under the Liquor Licence and Control Act, 2019 a

licensee/employee who has reason to believe
that a person is intoxicated or appears to be
intoxicated must be refused entry. That's why
your first step is to watch for any signs of
intoxication, and if required, refuse entry.

I-Ensure I.D. is valid

Before serving alcohol, ask for identification to

confirm all customers are at least 19 years of
age. A valid I.D. is one that is issued by the
government and must include a person's
photograph and date of birth.

M-MONITOR alcohol consumption

When serving alcohol, monitor how many drinks

each guest consumes so that you do not serve
them to the point of intoxication. In addition to
counting drinks, ask them questions and use your
observational skills to see if they are showing
signs of intoxication.

P-PREVENT over-service

Preventing over-service takes a little more care

on your part. It could mean slowing down or
stopping service. Ways to slow down service
include: serving one drink at a time, waiting for
the customer to reorder, and being less available
for service by passing the table less frequently.
You can also offer food, water, and other non-
alcoholic drinks to slow down how fast the
customer consumes alcoholic beverages.

L-Determine LEVEL of intoxication

Is the customer showing signs of intoxication?

How would you rate the customer? Green,
Yellow or Red? If you over-serve a customer,
your responsibility does not end when the
customer leaves. You are responsible for this
customer until they are sober.

E-EVALUATE risk before departure

The final step is to evaluate customers to see

whether their level of intoxication puts them, or
others, at risk. If anything happens as a result of
you over-serving a guest, you could be held
civilly and/or criminally liable. If you determine
that a customer should not drive, find another
way to get them home safely. Always complete
an incident report while the details are still fresh
in your mind.
 Following our SIMPLE Approach will help you do
the right thing.

A SIMPLE Approach Complete

This component displays an image gallery with accompanying text. Use the next and back
navigation controls to work through the narrative.

House policies can be developed by the establishment to help staff understand what is
expected of them in their job.

A house policy is a document that states an establishment’s commitment to safe and

responsible alcohol sales and service and outlines processes and procedures for staff
to follow.

More information on house policies can be found in the Manager’s Library under the
Resource Centre at [Link].

1. You have the obligation to refuse entry or service if you have concerns about the
identification a customer has provided.

2. Even if a customer has already had his or her I.D. checked at the door, you have
the obligation to ask to see their I.D. again if they appear to be under the age of
19. You can also ask for a secondary piece of I.D. or additional verification
questions.