The fatal effects of too much

alcohol

In the wrong hands, alcohol can be a fatal

weapon. In Canada:
If an individual is served

Alcohol is a factor in over 30% of all drown- alcohol and then injures
ing deaths. or kills someone while

Approximately 70% of all youth suicides
under the influence . . .
involve alcohol.
Courts are deciding that

Approximately 40% of all boating fatalities
are alcohol-related. the establishment serving
the alcohol shares the

Approximately 30% of fatal crashes involve blame in many of these
alcohol.
situations.
Alcohol can also be a fatal poison. Each year
many people die from overdoses of alcohol or
Settlements often are for
alcohol in combination with other drugs.
large sums of money.
Even when its effects are not fatal, alcohol can
be devastating. For example:

Alcohol is a factor in many domestic

violence incidents.

Many assaults occur after someone has had

too much to drink.

Uncounted numbers of serious accidents

like slips and falls are alcohol-related.

Alcohol can interfere with normal fetal devel-

opment, resulting in Fetal Alcohol Syndrome
or other birth defects.

Alcohol when combined with drugs can

have devastating effects.

Responsible beverage service
The Serving It Right program is designed to
encourage a responsible, caring, and professional
approach by licensees and servers to the serving
of alcohol in their establishments. Developed by
members of the hospitality industry, in partner-
ship with the provincial government, it provides
critical information on the effects of alcohol on
people, and techniques for preventing over-service.
Awareness of this information will help you
develop a more positive environment for you
and your patrons, greater professionalism in
your job, and increased community respect for
your work.
During the 1987 Liquor Policy Review many
individuals and groups representing B.C.’s
hospitality industry, as well as social and health
care agencies, indicated that alcohol education
needed to be expanded to include a licensee and
server training program. They felt that a standard
program should be developed to ensure that all
servers and licensees could work to a common
and high standard of responsible alcohol service.
As a result of that Review in 1989, the Serving
It Right Responsible Beverage Service Program
was conceived and developed by the Liquor
Control and Licensing Branch in consultation
with hospitality industry representatives, as well
as a review of the experiences gained from other
similar programs in North America.
The hospitality industry requested that the
program be mandatory for most servers involved
with alcohol service. The request was intended
to help develop a standard base of responsible
alcohol service knowledge amongst servers, and
1
to ensure an ongoing application of the program
in all establishments serving alcohol.
The provincial government entrusted the respon-
sibility for delivering the Serving It Right
Training Program through the non-profit
Hospitality Industry Education Advisory
Committee (H.I.E.A.C.). H.I.E.A.C. was formed
in 1976 by interested associations to address the
training needs of the Tourism and Hospitality
Industry of British Columbia. Founding member
organizations were B.C. Cabaret Owners’
Association, B.C. Chef’s Association, B.C. Lodging
& Campgrounds Association, B.C. & Yukon
Hotels’ Association, B.C. Liquor Licensee &
Retailers Association, and the Restaurant &
Foodservices Association of B.C. They have all
reviewed and endorsed this program.
Alcohol
Alcohol has been the friend of pleasure and pain,
delight and disaster, celebration and defeat in
virtually every culture. The responsibility for its
use as well as its abuse is shared in our society.
Viewpoints concerning the consumption of
alcohol have shifted with society’s values. Earlier
in the twentieth century, public opinion supported
the prohibition of alcohol. Over the ensuing
decades a more relaxed perspective concerning
alcohol consumption followed. Present trends
seem to have shifted again toward a more
moderate approach to its use. Control of both
alcohol service and consumption for the better-
ment of our society is a dominant concern today.
2 Serving It Right — Server Program Manual

The public is frustrated with increasing numbers
of deaths and injuries in which alcohol is
involved. Insurance companies reflect the
growing seriousness of drunk-driving accident
claims by raising premiums. Injured parties are
taking their cases to court where, increasingly,
judges assign a percentage of the fault to licensees.
Programs such as Mothers Against Drinking
Drivers (MADD), Students Against Drunk
Driving (SADD), Drinking Driving Counter-
Attack, and ICBC’s Get Home Safe Program
provide a clear indication that society is no
longer willing to tolerate the over-service of
alcohol.
A major part of the responsibility for the
management of alcohol service lies with licensees
(permanent or Special Occasion) and their
servers. This responsibility should not be taken
lightly. It carries many challenges. However,
the fact is licensees and servers work at one of
the few points where the consumption of alcoholic
beverages can be controlled.
As a server, you have an important role in
promoting and delivering responsible beverage
service. In practical terms, what part do you
play? How can you manage your work activities
to better serve public interests as well as your
own?
There are four major ways:
1. Understand your responsibilities and
rights under the Liquor Control and
Licensing Act.
2. Read your establishment’s house
policies to help you understand your
legal responsibilities.
3. Practise standards of customer
service that show concern for your
patrons’ safety while maintaining
profitability.
4. Understand general principles the
courts use to award fault in alcohol
service situations, in the event that
your best efforts fail.

There are no magic “rules of

thumb” or tactics that can keep
someone from becoming
intoxicated if they drink
excessively.
If people customarily drink
socially, they interpret “if you
drink, don’t drive” as meaning
“don’t drink too much” and
there is no fixed measurement
for “too much”.

Alcohol service and your patrons:
the effects of alcohol
After reading this section, you will have a greater
understanding of:

The intoxication process and its
effects on your patrons

The importance of blood alcohol
concentrations

The impact of standard drinks
and their equivalents on your
patrons
Intoxication: how it happens
In British Columbia, the Liquor Control and
Licensing Act states that: “No person shall sell
or supply liquor to any person in, or apparently
in, an intoxicated condition.”
The words “apparently intoxicated” place
a great deal of responsibility on you to
judge when a person is approaching or
is in a state of intoxication. A first step in
recognizing intoxication situations involves
understanding what happens to the alcohol
that your patrons drink.
As the alcohol reaches your patron’s stomach,
some of it is absorbed and enters the bloodstream
immediately. However, most of it passes on
into the small intestine where it is absorbed and
goes eventually into the bloodstream.
3
Approximately 90% of it leaves the body after
being processed by the liver. This organ is able
to process alcohol at a relatively fixed rate of
one standard drink per hour.
If a patron has only one drink per hour,
the liver can keep the body’s blood alcohol
concentration at a relatively safe level.
However, if a patron has more than one drink
per hour the liver cannot keep up its job of
processing the alcohol and the percentage of
alcohol in the blood begins to rise.
As alcohol builds up in the body, the activity of
the brain, heart, and lungs may slow down.
Early effects of alcohol consumption
include impaired judgment, loss of self-
control, and lessening of inhibitions. As
more alcohol reaches the brain, the
person’s physical abilities become
significantly impaired and coordination
is lost.
What it takes to become intoxicated:
blood alcohol concentration
The amount of alcohol in a patron’s blood-
stream is their blood alcohol concentration. It
is measured in “milligrams percent” or “mg %”.
In British Columbia, drinkers are legally
impaired if they have a blood alcohol
concentration of 0.08%. This is the same as one
drop of alcohol in 1,200 drops of blood. While
this may seem like a small amount to worry
about, a blood alcohol concentration of 0.30
can cause a person to go into a coma, while a
4 Serving It Right — Server Program Manual

blood alcohol concentration level of 0.40 can
kill an individual.
In practical terms it is difficult to assess someone’s
blood alcohol concentration without the use of
a Breathalyzer instrument. However, servers
can watch a patron’s drinking pattern and other
visible signs to estimate the person’s level of
intoxication.
How many drinks before
intoxication?
Drinks that have the same amount of alcohol
in them will have similar effects on the drinker.
In comparing the relative proportions of alcohol
in beverages, the term Standard Drink (SD) is
frequently used. The Standard Drink and its
beer, wine, and spirit equivalents are described
in the figure below. For further information on
alcoholic beverages and their alcohol content
refer to Appendix 1.

Standard Drink Comparisons

= =
12 ounces Beer 1 1/2 ounces Highball 5 ounces Wine
with 5% Alcohol volume with 40% Alcohol volume with 12% Alcohol volume
= 0.6 ounces alcohol = 0.6 ounces alcohol = 0.6 ounces alcohol

All these different drinks contain approximately 0.6 ounces of alcohol and have equal effect on the
body. See Appendix 1 — Effects of Alcohol for other Standard Drink comparison information.

Different effects for different
people
While intoxication is caused by unacceptable
levels of blood alcohol concentration, each person
will react differently. Many factors may influence
how quickly alcohol affects a patron:
Amount of alcohol
“Double-strength” drinks and servings made
with more than one type of liquor typically
contain more alcohol than Standard Drinks.
Distilled liquor, which is highly concentrated
alcohol, enters the bloodstream faster than beer
and wine, although their alcohol content is
equivalent.
Food consumption
Food slows the absorption of alcohol into the
bloodstream. On an empty stomach, alcohol
reaches the brain in a few minutes and begins
to affect behaviour and coordination. After a
full meal, alcohol can take up to 6 hours to reach
the brain. Food does not absorb the alcohol.
It merely slows the speed at which alcohol is
absorbed. As fatty foods are more difficult to
digest, they remain in the stomach longer than
other types of food. The effect of the alcohol
still occurs but at a slower rate.
Tolerance to alcohol
Experienced drinkers develop tolerance to alcohol.
After prolonged regular drinking the liver breaks
down alcohol more efficiently. Also, brain cells
may become less sensitive to alcohol. In a person
with high tolerance it takes more alcohol to
produce signs of visible intoxication. Blood alcohol
concentration, however, is determined by the
amount of alcohol and is not affected by
experience.
Other drugs
Many common drugs (both legal prescriptions/
over-the-counter medications and illegal) impair
the user and increase the effects of alcohol. Using
Alcohol service and your patrons 5
alcohol with other drugs can be very dangerous
to a person’s health and safety.
Fatigue and stress
Physical, mental, or emotional fatigue and stress
make a person much more susceptible to the
effects of alcohol.
Body type
An overweight person generally has a higher
blood alcohol concentration than a muscular
person who weighs the same and drinks the
same amount of alcohol. This is because muscle
tissue has more blood to dilute the alcohol.
Gender
A woman will usually have a higher blood alcohol
concentration than a man of the same weight
if they drink the same amount of alcohol. This
is because women generally have more body
fat than men. Women have less muscle tissue,
and thus less blood to dilute the alcohol.
Mood
Alcohol usually exaggerates moods. A person
who is depressed will likely become more
depressed when drinking.
General health
Healthy people break down alcohol faster than
those in poor health. They have more blood and
their livers work more efficiently.
Carbonation and temperature
Carbon dioxide causes pressure in the stomach
which moves alcohol into the small intestine
faster where it is quickly absorbed. Warm drinks
enter the bloodstream faster than cold drinks.
Alcohol and body temperature
Alcohol is a depressant, not a stimulant. It causes
the pores in the skin to open, thereby lowering
body temperature. As a result, alcohol contributes
to deaths caused by hypothermia.
6 Serving It Right — Server Program Manual

CounterAttack blood alcohol content chart

The following chart, designed by Drinking Driving
CounterAttack, outlines the typical blood alcohol
content of people of varying weight based on the
number of drinks they have consumed. For
example, after one Standard Drink a person
weighing 150 lbs. would have a blood alcohol
content of approximately .029. It would be safe
to serve this person. After two drinks that person
would have a blood alcohol content of .058 and
care would have to be taken about further
service as they would be approaching their limit.
By three drinks, the person would be legally
impaired and you as a server would have broken
the law by serving them irresponsibly.
WARNING: Some illegal drugs (marijuana)
and prescription medicine (e.g., cough syrups)
can increase impairment levels by as much as
five times. In this table, 1 drink = 12 oz. beer or
1 1/2 oz. liquor or 5 oz. wine.

Drinker’s Number of Drinks Consumed

Weight 1 2 3 4 5
100 lbs. .043 .087 .130 .174 .217

125 lbs. .034 .069 .103 .139 .173

150 lbs. .029 .058 .087 .116 .145

175 lbs. .025 .050 .075 .100 .125

200 lbs. .022 .043 .065 .087 .108

225 lbs. .019 .039 .058 .078 .097

250 lbs. .017 .035 .052 .070 .087

Don’t serve
Continue Service Monitor Service
as person is
Carefully
legally impaired

How to use the chart:

1. Find the column with number of drinks.
2. Find the line that matches the patron’s weight.
3. The number at the point where the column and the line intersect is the estimated blood
alcohol content.
4. Deduct from the estimated blood alcohol content the number in the box below that is next
to the number of hours since the first drink. This will compensate for the body’s elimination
of alcohol.

1 hr. .015 2 hr. .03 3 hr. .045 4 hr. .06 5 hr. .075 6 hr. .09

If Blood Alcohol Content is .05 or more, driving is unsafe. Over .08, driving is illegal.
 Alcohol service and your patrons 7

Sobering facts about sobering up

Drinking coffee may increase alertness to some extent, but does not improve the body’s
ability to function — it only creates a wide-awake drunk.

Exercising and dancing may inspire sweating — but do little to sober a person up. Alcohol
is eliminated by the liver at a relatively fixed rate.

Cold showers may temporarily affect alertness, but they do not influence the amount of
impairment caused by alcohol.

Eating food while drinking slows the absorption of alcohol, but eventually the alcohol will
be absorbed and impairment will occur.

Time is the only way to sober up. Alcohol is removed from the bloodstream by the liver at
a relatively constant rate of 15 mg% (.015%) every hour or 1 drink per hour.

Reality
It takes a long time to sober up. There will not be time for
intoxicated patrons to sit around your owner’s establishment
long enough to sober up.

A person with a blood alcohol concentration of .08 mg%

takes more than 5 hours to become completely sober.

Alcohol service, the law, and you
After reading this section you will have a
greater understanding of:

Legal restrictions and liability
laws affecting the sale and
service of alcohol in your
workplace

The importance of anticipating
and managing the potential
consequences of over-service in
your work
Legal restrictions affecting the sale
of alcohol in your establishment
Several pieces of legislation (Acts) regulate the
sale and service of alcohol in licensed establishments.
However, three Acts in particular define the key
rights, responsibilities, and possible liabilities of
licensees and servers. It is your duty to be aware
of your rights and responsibilities and to conduct
your serving activities accordingly.
The Liquor Control and
Licensing Act
British Columbia’s Liquor Control and Licensing
Act is the most important legislation affecting
the sale and service of alcohol in licensed establish-
ments. It details such administrative matters as
licensing requirements, fees, application processes,
9
extension of credit, and appeal procedures for
licensed establishments. It is designed to
maintain the orderly and responsible operation
of licensed establishments. Most importantly,
it requires licensees and servers to control
the activities that take place in their
establishments, including the responsible
sale and service of alcohol.
The general manager of the Liquor Control and
Licensing Branch administers the Act and
Regulations. Both the Act and the Liquor Control
and Licensing Regulations impose certain
responsibilities on those who serve alcohol in
licensed establishments.
Servers must meet all applicable requirements set
out in the Act and its regulations. Because the
Act and its regulations are periodically updated,
it is the duty of all licensees to routinely
familiarize themselves and their servers
with the most recent modifications. For your
own safety you should keep abreast of these
updates. Changes to the Act and regulations
are periodically distributed to all licensed
establishments by the province’s Liquor Control
and Licensing Branch.
Figure 1 identifies those sections of the Act that
define the licensee’s rights and responsibilities.
It also outlines some management tips that will
help you control responsible alcohol service in
your workplace.
10 Serving It Right — Server Program Manual

F igur
guree 1
Liquor Contr ol and Licensin
Control Licensingg Act

Subject Liquor Control & Licensing Act Good tips

Responsible To ensure all licensees, managers and Keep a list of all licensees, managers
Beverage Service certain servers have Responsible Beverage and servers, and photocopies of
training Service certification, as required by their Responsible Beverage Service
(section 13) Regulation 43 certification at the licenced establish-
ment, and readily available for
inspection at all times

Use of licence by You must not allow another person to

another person use your liquor licence without prior
(section 17) written approval of the Liquor Control
and Licensing Branch general manager.

Public Safety A liquor licence may be suspended and
(section 22) an establishment ordered closed for up
to 24 hours if patrons or employees are
riotous, violent, drunken, or disorderly,
or one or more persons’ safety is
threatened
Maintain door control
Establish safe methods of refusing entry
to, or ejecting, problem patrons
Contact police where appropriate

Minors Not to sell or give liquor to minors
(sections 33,
Not to allow minors entry or to be served
34, & 35)
in a licenced establishment (check
licence type)
Anyone who appears to be under the age
of 25 must be asked for two pieces of
identification, as required by Regulation
45
Learn to maintain door control and
how to check a person’s ID:
◆ first piece must include the person’s
name, signature, birth date and
picture
◆ second piece must include signature
and/or picture

Prohibited Not to permit: Maintain adequate control and

activities ◆ gambling or devices used for gambling
(section 36) other than approved gaming activities
◆ violent, quarrelsome, riotous, or
disorderly conduct
◆ any unlawful activities or conduct such
as the sale or use of illicit drugs
supervision.
Carefully observe activities in the
establishment and report any
suspected unlawful activity to the
manager or licensee.
Notify the police where appropriate

Unlawful sale of Must sell or provide only liquor pur-
liquor chased from a liquor store designated by
(section 38) the Liquor Control & Licensing Branch
general manager or the Liquor
Distribution Branch
Not to acquire, keep, or sell adult-
erated, stolen, smuggled, homebrewed,
U-brewed or other forms of illicit
liquor
 Alcohol service, the law, and you
F igur
guree 1
Liquor Contr ol and Licensin
Control Licensingg Act (continued)
Subject Liquor Control & Licensing Act Good tips
Drunkenness Must not sell or give liquor to an
(section 43) intoxicated person
Must not allow a person to become
intoxicated or allow an intoxicated
person to remain in anlicenced
establishment
Intoxicated or To forbid entry or request that a
undesireable persons person leave if they are intoxicated or
(section 46) their presence in the licenced establish-
ment is undesirable
Not to allow person to enter establish-
ment within 24 hours after being asked
to leave
Dangerous weapons Not to permit person possessing a
(section 47.1) weapon to enter or remain in a
licenced establishment
Giving or accepting Not to promote the sale of a
gifts particular kind, class or brand of
(section 45) liquor
Not ask for or receive benefits for
selling a particular liquor product
Inspection The licensee must give liquor
(section 73) inspectors and police immediate access
to all areas of the licenced
establishment and allow them to
inspect records, liquor and other
items associated with running a
licenced establishment
11
Maintain adequate supervision
and control
Constantly create a comfortable and
safe environment and hence a
profitable and respected
establishment
Notify the manager or licensee when
an incident occurs
Keep an accurate incident log
Contact police when staff
encounter a difficult person or a
dangerous situation
Discuss policies, review incident log,
and discuss ways to solve problems
Communicate with your manager
— be available to assist
You may accept promotional
items of nominal value such as
coasters, tent cards, signs and
posters
Keep a record of product samples
received
If you have purchased brand or
corporately identified items, retain
your receipts as proof of purchase
Keep records up to date and ready
for inspection at any time
12 Serving It Right — Server Program Manual

Figure 2 describes specific

F igur
guree 1 regulations related to the sale
Liquor Contr ol and Licensin
Control Licensingg Re gulations
Regulations and service of alcohol that are
specified in the Act’s regulations.

Subject Liquor Control & Licensing Good tips

Regulations
Capacity Licensees must observe the legal patron or Know the type of capacity you are
(section 6) person capacity stated on the liquor licence licenced for, and stay within this
limit
Have door staff monitor the entry
and exits of guests; supply staff
with mechanical counters that
allow subtracting of patrons who
have left the establishment

Purchase of Liquor Managers must identify themselves as a Keep register up to date and ready
(section 35) liquor licensee when purchasing liquor for inspection at any time
and maintain a register of all liquor
purchased under their liquor licence

Posting of floor Post liquor licence in a prominent
plans and licence location in your establishment and
(section 37) have your approved floor plans
available for revew by a liquor in-
spector or police during an inspection
Secure the floor plans to the back of
your liquor licence for quick and easy
access

Dispensing of Liquor All liquor served in a licenced establish- Learn correct measurement, and
(section 40) ment must be dispensed from the how to serve in front of a patron
original container
The dispensing of liquor must be done
in full view of the patrons

Liquor Prices You must set your liquor prices at the Ensure specials are available all day
(section 41) start of the business day, and you Avoid strategies that encourage
cannot change them until the next overconsumption, such as selling
business day drinks “two for one”
You cannot offer drinks at a reduced
price during certain times of the day -
Happy Hours are not permitted
You must charge at least as much as
the original Liquor Distribution Branch
purchase price
 Alcohol service, the law and you 13

F igur
guree 1
Liquor Contr ol and Licensin
Control Licensingg Re gulations (continued)
Regulations

Subject Liquor Control & Licensing Good tips

Regulations

Consumption of A licensee, and the employees of the Realize the importance of

liquor licensee, must not consume liquor while
(section 42) working in the licensed establishment
Only liquor purchased in licenced
establishments can be consumed on
the premises
appearance and behaviour as
employees represent the business
Observe patrons and watch for signs
of illegal drinks. Do not sell unopened
bottles for consumption on the
premises

Time Liquor may only be sold during the Let patrons know of time requirements
(section 44) hours noted on the licence by signal or announcement
Unless otherwise authorized, liquor-
primary establishments (bars) to be
cleared of all patrons within one half
hour of closing
Liquor, drinks and glassware to be
removed from tables in food-primary
establishments (restaurants) within
one half hour of liquor service ending

Entertainment Entertainment must be authorized by If in doubt regarding permissible

(section 46) Liquor Control and Licensing Branch forms of entertainment, contact
and the local government your local liquor inspector

Advertising Ads cannot specifically name a kind or
(section 58) brand of liquor, a liquor manufacturer,
or a liquor price
Licensee Retail Stores, or establishments
with off-sales may advertise the kinds
of liquor they have for sale (i.e. beer,
wine, cider or coolers)
You may advertise the name and
location of your establishment, your
hours of sale, the entertainment that
you feature, and your liquor licence
category

Changes to the terms Changes to the terms and conditions
and conditions of a of your liquor licence (i.e. operating
licence hours, capacity, layout, shareholders)
(various sections) must be approved in advance by the
Liquor Control and Licensing Branch
general manager
The documentation and approvals
you will need depend on the type of
change you are asking for - contact
the Liquor Control and Licensing
Branch for more information
14 Serving It Right — Server Program Manual
Monitoring performance
Local liquor inspectors conduct “routine”
inspections of all licensed premises regularly
to make sure they comply with the Act and
Regulations, and with their licence terms and
conditions. These inspections may be done
without notice to the licence holder. Liquor
inspectors may also do other unannounced
inspections from time to time to monitor
compliance or to follow-up on a complaint or
report of questionable activity.
In addition, local police departments regularly
make unannounced visits to licensed
establish-ments. The police consider these “walk
throughs” to be an important part of their
service to the community, and look
particularly for anything that may lead to a
disturbance within the community or that
could threaten public safety - including noise,
overcrowding, drunkenness and minors in
possession of alcohol.
If a police officer finds a licensee is not complying
with the law, the officer will record the viola-
tion on a Licensed Premises Check form, leave
a copy with the licensee and send a copy to the
Liquor Control and Licensing Branch to follow
up. The branch may choose to take further
enforcement action as a result of the LPC.
These inspections and “walk throughs” do not
lessen licensee responsibility under the Act. At
all times, licensees must provide responsible
alcohol sales and service to their patrons.
This requires a commitment to creating a
comfort-able, safe, and proactive approach to
alcohol service for all licensees, servers, and
patrons.
Enforcement of the Act
The Liquor Control and Licensing Act and
Regulations may be enforced through admin-
istrative sanctions imposed by the General Manager,
Liquor Control and Licensing Branch, or its
designates. The Act authorizes the general
manager to impose conditions on a licence, or
to suspend or cancel a licence where the licensee
fails to comply with the requirements or regulations.
Police agencies may enforce the Act through
court prosecutions where evidence indicates that
the licensee or its employee has committed an
offence under the Act.
Immediate Suspensions
Section 22 of the Act authorizes a liquor inspector
or police officer to suspend a liquor licence for
24 hours and order the immediate removal of
patrons and closure of the establishment where
the conduct of the patrons or employees is of a
riotous, violent, drunken, or disorderly nature
or the safety of one or more persons is threatened.
Prosecution
A person or licensee who does not comply with
the Liquor Control and Licensing Act may be
charged with an offence. If it is proven that an
offence under the Act was committed by a server
or another person allowed on the premises, then
the licensee is usually charged as the offender.
Others may also be charged, including the server.
Remember, one illegal sale may be sufficient
to establish the intent or purpose of unlaw-
fully violating the Act and its Regulations.
Anyone accused of improperly or unlawfully
selling, buying, supplying, keeping, giving, taking,
possessing, or consuming liquor may have to
prove their right to sell, buy, supply, give, take,
possess, or consume it.
Did you know ...
50% of violent crimes involve
an offender and/or victim who
has been drinking.

The Occupier’s Liability Act
The second most important law affecting the
management of alcohol sales and service in
licensed establishments is the Occupier’s Liability
Act. The provisions of the Occupier’s Liability
Act governs the care that the licensee is required
to show towards a person.
In this Act, “occupier” means a person who
(a) is in physical possession of the premises; or
(b) has responsibility for, and control over, the
condition of the premises, the activities
conducted on those premises, and the persons
allowed to enter those premises. For the
purposes of the Occupier’s Liability Act, there
may be more than one occupier of the same
premises.
Thoughtful application of the rules expressed
in the Liquor Control and Licensing Act and
the Occupier’s Liability Act should protect patrons
and prevent most legal actions against licensees
and servers. But when lawsuits occur, the court
will make its decisions and determine fault
according to certain general principles.
In a recent year in B.C. police
attended 2,238 alcohol-
related motor vehicle crashes
that resulted in 94 deaths and
2,144 injuries.
A Traffic Injury Research
Foundation study estimates
that 30% of all driver fatalities
are alcohol-related.
Alcohol service, the law, and you 15
What is duty of care?
One of the most important features of the
Occupier’s Liability Act is the principle of “duty of
care”. It requires that people take reasonable care
to avoid acts or omissions that might have been
reasonably foreseen to injure their neighbours.
In the context of alcohol sale and service
it means that the licensee and servers must
protect patrons and others from harm that
may be associated with the activity of
drinking. The duty of care can be divided into
two general categories:
1. The duty owed to the patrons on the premises
as related to the:

physical safety of patrons (e.g., overcrowding,
condition of premises)

behaviour on premises (e.g., acts by third
parties)

actions of employees (e.g., vicarious
liability)
2. The duty owed when patrons leave the premises
as related to the:

injury to patrons (e.g., patrons leave and
injure themselves)

injury to third parties (e.g., patrons leave
and cause injury to others)
Clearly, licensees and servers have a heavy
responsibility for both a patron’s safety and the
safety of others the patron may affect. When
patrons or third parties suffer as a result
of what they believe is negligence on the
part of a licensed establishment, they may
seek legal redress.
Most often it is the issue of “duty of care” under
the Occupier’s Liability Act that is the main focus
of such law suits.
16 Serving It Right — Server Program Manual
What does the term “premises”
include?
The premises in this context refers to all lands
and structures controlled by the establishment.
The licensee owes a duty not to expose patrons
to any unusual dangers. The physical layout
of the premises and its facilities must be care-
fully examined in the light of the potential
dangers associated with persons who have
been drinking. Servers should help the owner
identify these potentially dangerous situations.
What does “reasonable and
foreseeable” mean?
The duty owed to patrons on the premises also
includes responsibility for the actions of third
parties. A patron must not be exposed to
persons who are known troublemakers
or likely to cause problems. Should an
incident occur due to the actions of a third
party, the question will be asked as to whether
there were any reasonable and foreseeable
circumstances that should have allowed the
licensee or the server to foresee the incident
and take steps to avoid the problem.
Duty of care extends off the
premises
The duty owed to patrons also extends to when
the customer leaves the premises. This issue
most often arises when a motor vehicle
accident is the result, at least in part, of some-
one’s overindulgence.
What is considered foreseeable
If overdrinking does occur, the licensee and
server must see to the safety of patrons. In
this regard, the court has held that the licensee
and server must either provide the patrons with
a place to “sleep it off” or put these customers
under the supervision of someone who will
ensure their safe passage home.
If you are sued for over-serving patrons who
left your place of work and either sustained
personal injury or injured another person, one
of the key factors the court will consider is:
“Could you have reasonably foreseen that
serving more alcohol to this person would
have probably caused him to become
intoxicated and dangerous to himself or others?”
The key points you need to remember in this
regard are:

How much did the patrons drink?

How fast did they drink?

Was there a noticeable change in their
behaviour during the drinking?
The Human Rights Act
The Human Rights Act also plays a key role
in how licensees and staff conduct themselves
in the performance of their duties. The Act’s
intent is to legislate against all forms of human
discrimination (e.g., race, nationality or ethnic
origin, colour, religion, age, sex, marital status,
family status, pardoned conviction, or disability)
thereby ensuring individual rights. You must
respect human rights when-ever you are
making decisions to deny or permit
access, to eject, or to control patrons in
your workplace. Although section 46 of the
Liquor Control and Licensing Act allows a
licensee or employee to request a person to
leave, or to deny entry to, a licensed establish-
ment if the person’s presence is thought to be
undesirable or the person is intoxicated, a
licensee or staff member must not base
his or her decision regarding a person’s
undesirability on discriminatory
considerations.
Maintaining control of your workplace while
continuing to provide an enjoyable atmosphere
for patrons requires sound management skills.
Servers can use a combination of identification,
prevention, and intervention techniques to
create enjoyable drinking environments. These
techniques provide a sound basis for managing
your duty of care responsibilities.

Managing your duty of care
Control through identification
After reading this section you will have a greater
understanding of:

How to identify minors

How to identify problem patrons

The importance of counting drinks
The first line of defence in maintaining a safe
and enjoyable atmosphere in licensed alcohol
establishments is to identify people who should
not be in your workplace. By setting a standard
right “at the door” or before you serve “the first
drink”, you send a clear message to patrons
concerning who is acceptable and what is
appropriate in the establishment. You have a
right and obligation to refuse service, and
must be absolutely consistent in applying
it.
Who should be refused alcohol service?
Section 46 of the Liquor Control and Licensing
Act states it is anyone believed to be undesirable
or intoxicated. In practical terms this includes
minors, known troublemakers, inherited
drunks, and chronic drunks.
17
Identifying minors
It is illegal to serve, sell, or make alcohol available
to persons under 19 years of age. Alcohol-related
accidents are the leading cause of death among
teenagers and young adults. Young people are
inexperienced at both drinking and driving, yet they
often mix the two with tragic results.
If you have any doubt about the person’s age or
identification (ID), do not serve alcohol to that
person. Your vigilance in attempting to establish
proof of age, even if the ID later proves to be false,
could be persuasive in a legal defence. Generally
acceptable forms of ID are a driver’s licence,
passport or other types of legitimate photo
identification. To be sure that there is no doubt
about a person’s age, ask for ID from every
customer who appears younger than 26 years
old.
Generally acceptable forms of ID
B.C. Identity
CANADA Card
B.C. Driver’s
Passport Licence
18 Serving It Right — Server Program Manual

“U-CARD” identification memory aid

Use the U-CARD memory aid to fully verify the authenticity of ID cards.

U = UNALTERED
Feel the ID and examine it in goodlight. Refuse service if it has eraser marks,
misaligned numbers, uneven lamination, or other signs of alteration.

C = CURRENT
Check the expiration date. Expired ID is not acceptable.

A = AGE
The birth date must show the person as being 19 years of age or older.

R = READABLE
Be sure you can read and understand the ID. If you cannot read an ID in a
foreign language, don’t accept it.

D = DESCRIPTION
Compare the person in front of you to the photo, paying special attention to
height, weight, and the physical description. Refuse service if the photo or
description doesn’t match the person presenting the ID.
 Managing your duty of care — Control through identification 19

Identifying problem patrons Chronic drunk

Problem patrons come in various forms. Spotting
the known “troublemaker” is a matter of alertness
to “tell-tale” signs and good communications
among all staff in the workplace. Potential
problem patrons could include:

Patrons removed from the establishment in
the past. You should watch for and act firmly
and immediately on the least sign of trouble
from such people.

Obviously intoxicated patrons “inherited” from
alcohol service provided at other locations.
You must not provide them with service.

“Chronically drunk” patrons who are able
to conceal their intoxication levels well. You
should be carefully monitoring them for
clear signals of oncoming intoxication.
In all of these cases, it is critical to deny entry
or service, tempered by a clear appreciation of
the individual’s rights. Knowing the signs of
approaching intoxication goes a long way towards
a reasoned decision not to serve. It is wise to
talk to patrons as they arrive. This will help to
establish good relationships and identify who may
be more likely than others to create intoxication
problems during their visit.
Trickier patrons to deal with are “chronic drunks”
who conceal intoxication quite well. Close
observation of their behaviour before and during
the first drink you serve them will help identify
a potential problem situation. You should look
for tell-tale signs such as drinking alone, chain
smoking, disinterest in what is going on, and
loss of motor control as signs of a potential
problem. Again it is important to anticipate this
type of situation and have a standard method
in place for dealing with it.
Remember, it is the licensee’s
responsibility and right under the
Liquor Control and Licensing Act
(Section 46) to forbid a person to
enter or request a person to leave
the licensed establishment “if for
any reason he believes the presence
of that person in the licensed
establishment is undesirable or
that person is intoxicated”.
For more information on identification
procedures see Appendix 3.

The inherited drunk

The “inherited drunk” presents another challenge.
These people may be just “out on the town” for
a good time and this may be obvious by their
behaviour. While it may seem harsh to refuse
service to an intoxicated person or party in such
situations, you have an obligation to do so.
Figuring out tactful methods of refusing service
without losing their long-term business is a
challenge you may wish to tackle together with
your employer.
20 Serving It Right — Server Program Manual
Control through prevention
After reading this section, you will have a
greater understanding of:

The types of environmental
factors that help to reduce the
chances of intoxication happening

Responsible service tactics

An easy prevention system to use
in the workplace
Assuming your procedures for refusing entry
or service are effective, the next major control
challenge comes with preventing intoxication.
An overall approach to the problem is required.
It means understanding and using house policies
that guide the expected physical environment
of the establishment and the activities of the
servers.
Controlling the environment
The environment in which alcohol is consumed
has a marked effect on the rate of consumption
and the behaviour of patrons. Some or all of the
following factors can help to prevent overdrinking
and intoxication by your patrons. Be aware of
your employer’s approach to the use of these
house policy practices.
Door control
A visible control point can be used effectively
to send the message “This establishment cares
who its patrons are and what they do.”
Minimum dress code
Standards of dress help to create an image of
what is appropriate behaviour and may act as a
deterrent to excessive consumption. Establishments
that have enforced a dress code report fewer
problems with intoxicatedpatrons.
Lighting
Lighting should be sufficient to see patrons clearly
and to create a positive and cheerful atmosphere.
Establishments with reasonable lighting report
fewer problems with overconsumption than
those with very low lighting.
Professional atmosphere
Courteous, efficient, and knowledgeable staff
along with a shift manager clearly in evidence
are hallmarks of a well-managed establishment.
It is against the law for management or
employees to drink while on duty.
Gender mix
Recent studies have shown that a good male/
female mix increases socializing and helps
moderate consumption. While this may be hard
to control, being aware of the mix may help you
foresee possible trouble in time to take preventative
action.
Music
Soft background music is relaxing and tends
to encourage responsible behavior.
 Managing your duty of care — Control through prevention 21

Policy display By taking time to chat with your patrons, you

Menus, table tents, and signs prominently will be able to:
displayed can be tactfully worded to alert patrons
that your establishment does not serve to
slow the overall pace of alcohol consumption
intoxication and does offer alternatives such as
judge their intoxication levels
non-alcohol “breather rounds” or snacks. Displays

build their understanding of your alcohol
will also help to create a greater customer
awareness of drinking moderately and will show service responsibilities
them that you take your responsibilities seriously.
promote the up-selling of other beverages
In addition, a visible show of policy will help
more easily undertake service intervention
your staff with enforcement. As a server you tactics
should be aware of these policies and why they
exist, so that you can use them to help manage A useful tactic to use in the prevention phase
your customers. is the traffic light system, shown on the next
page.
Profitable diversions
Patrons come to your establishment to enjoy For more information on how to detect
the overall experience as well as to drink. Provide the signs of intoxication, see Appendix 3.
them with food, authorized games or enter-
tainment, contests, or other diversions that are More information on house policies and the
fun and profitable. The point is, try to sell them types of issues they cover is found in Appendix 4.
something other than alcohol when they appear
to be in danger of over-consuming.
Environmental factors
Quality alternatives
affecting alcohol
Offer a range of exotic non-alcoholic beverages
(mocktails) and juices, coffees, and teas at slightly consumption rates
reduced prices as an alternative to alcoholic
beverages. It is possible to achieve the same
Minimum dress code
sales dollars and rate of profit by having the
Lighting
patron consume less alcohol for approximately
the same dollars spent.

Courteous, efficient,
knowledgeable staff
Customer service
Balanced gender mix
You can help control the rate of service, monitor

Background music
patron behaviour, up-sell profitable alternatives,
and create a friendly atmosphere, all at the same
Visible intoxication policy
time, by simply spending a little time talking signs
to customers. Your strongest control point and
Entertainment diversions
your key to successful and responsible service
is simply good customer service.

Non-alcoholic drink
alternatives

Responsible service
understanding
22 Serving It Right — Server Program Manual

The traffic light system for monitoring alcohol service

Counting the number of drinks your patrons
consume and recording how long it was between
drinks can often be impractical. An easy-to-use
monitoring system based on watching patron
behaviour provides a useful way for guiding
responsible beverage service. It is called the
Traffic Light System.
Essentially, the server gives each patron a traffic
light colour based on his or her specific signs of
intoxication. Each colour means that a different
set of service control actions should be used to
manage the patron’s drinking patterns. The
figure below describes each traffic light drinking
phase and what actions should be taken by the
server.

GREEN Guest is in a good mood; not impaired; has

had few or no drinks; is not out to get drunk;
is two or more drinks below capacity.
GO! It is acceptable to serve this guest.

YELLOW Guest is drinking quickly, but not yet

intoxicated; is in a “down” mood; out to
celebrate and drink heavily; is one drink
below his/her capacity; may show some
signs of impairment.
CAUTION! The guest is not intoxicated, but you should
be cautious about serving further drinks.
You must remember to stop serving a guest
before he or she becomes intoxicated.

RED Guest is likely showing several of the early

signs of intoxication; may be in a strange,
depressed, aggressive, or bad mood; is drinking
fast; seems intent on becoming drunk; has
reached or exceeded capacity.
STOP! The guest appears intoxicated and should
not be served alcohol. Offer food or other
alcohol-free alternatives.

Remember your goal is to try to always keep your customers in the GREEN ZONE.
 Managing your duty of care - Control through intervention
Control through intervention
After reading this section, you will have a
greater understanding of:

Your rights and responsibilities to
deny alcohol service

Tactics for stopping alcohol service

The way to record an intervention
incident
Intervention: the last line of
defence
You will be faced with the problem of managing
intoxicated people if and when your identification
and prevention strategies do not work. If you
have intoxicated patrons at your work-
place, regardless of whether you have
served them, you are in violation of the
law and could be liable if they injure
themselves or others. Your duty of care
means it is up to you to make sure that your
intoxicated patrons get safely home. And your
responsibility for them lasts until they
are sober again.
Remember, even if the situation has gotten out
of control, you can still manage it responsibly
with swift and appropriate action. Should an
accident, injury, damage, or death result
despite your best efforts, your liability in
the situation may be considerably reduced
if you can demonstrate you made every
reasonable attempt to take appropriate
action.
Your risk and liability diminishes only as you
succeed in preventing intoxication and impaired
driving among your patrons.
23
An effective intervention strategy has four key
steps:
1. Assess the situation
2. Delegate specific responsibilities
3. Take action
4. Follow up with your employer and record
the incident in a logbook
Assess the situation
When you or your duty manager are called to
intervene in a patron’s drinking pattern, your
first task is to assess the situation. Do not jump
to hasty conclusions. Ask for vital information
about the patron(s), and determine what other
information, if any, is needed. It is important
to decide how to handle the problem before you
get directly involved in it.
Delegate specific responsibilities
Decide at this point who does what. Which parts
of the problem will your employer handle (e.g.,
going to talk to the patron), and which parts
of the problem will you handle (e.g., calling a
taxi, friends, or the police)?
Take action
In dealing with intoxicated patrons, start by
politely explaining that you are required by law
to ask them to leave. Avoid confrontation; do
not “corner” your customers. Avoid threatening
statements and judgmental comments. Be
courteous and firm, and explain that, under
the law, intoxicated people may not remain
on a licensed premises. Do not bargain or back
down. Do not use emotionally charged words.
Do provide reasons for your actions.
24 Serving It Right — Server Program Manual

Follow-up Reasons for intervening with an intoxicated

As soon as an incident has been taken care of,
it is most important to do three things:
1. Debrief the situation with your
supervisor.
2. Write down key details in an
incident logbook.
3. Have your employer retain sales
records associated with the incident.
patron can be numerous:
1. By taking these steps you are reducing the
risk of the patron being injured or causing
injury to others.
2. You are reducing your risk of liability, suit,
or sanction.
3. You are helping to prevent possible impaired
driving, violence, criminal acts, and vandalism.

Debriefing
Arrange a meeting with your employer/
supervisor to discuss the intervention. A debriefing
helps everyone learn from the experience. It
also gives you an opportunity to reinforce or
improve the procedures in case there is a next
time.
Period of vulnerability
Be aware that your period of vulnerability
lasts as long as the patron’s intoxication
does. The liver processes alcohol at a fixed rate.
Your patron’s intoxication will last several hours
and so will your risk.

Record incident in logbook

Recording events in a logbook while they are
still fresh in your mind is important. Details
such as time, place, date, nature of the incident,
description of the parties involved, action taken,
witnesses, and any other pertinent information
should be included. This record will help you
to identify persistent problems and encourage
you to review policy from time to time. The
establishment will keep these records for
at least seven (7) years. In most instances,
a person’s right to sue you for an incident
in your establishment ends after seven
years.

An accurate and complete log, together with sales

slips, may form the backbone of your employer’s
defence in civil litigation and liquor board appeals.
These logs should be bound books. In court
they are more credible than easily altered loose-
leaf binders. A sample page of an incident log
is described on page 26.
 Managing your duty of care — Control through intervention
Intervening with intoxicated persons
Here are some methods for handling customers
who are obviously intoxicated:

Never touch the customer. That could be
considered an assault and could lead to legal
problems.

Make a courteous but firm statement that
no alcohol will be sold to the customer.

Don’t “back the customer into a corner”
and do not embarrass the patron if it can
be avoided.

Avoid judgmental statements such as “You
have had too much to drink,” “You should
go home,” or something else that sounds
like you know what is best for the person.
Rather, focus on yourself and the problems
you will have if you serve the person. For
example: “I may lose my job.”

Do not bargain or back down once you
make the decision to refuse the sale.

Move on to your next customer or other
duties. Turn your side to the customer and
walk away.

After removing the patron’s alcohol, make
it clear that you have other duties to attend
to. Look busy, even if you are not.
25

Remain in the establishment and remain
in control.

Record the incident in the establishment’s
“Incident Log.” No one can remember
all the details of every intervening
problem. The log may be helpful for
future reference.
Adapted from State of California, ABC, LEAD
Program (5/91)
Designated Driver program promotion
Effective Designated Driver program tactics
typically have drivers register upon entry,
and receive an identification tag (which can
be returned at the end of the night) so that
servers can recognize them. It is a good
strategy to offer free food to the driver so
that the drinkers in the group are encouraged
to order food at the same time. This approach
will increase your food sales and decrease
the likelihood that anyone will be drinking
on an empty stomach.
Some establishments offer food and no
limits to free non-alcoholic drinks for the
designated driver. In addition, they publicize
their programs in the media. Having a
Designated Driver program makes your
workplace a more desirable place to visit
than those without a program.
26 Serving It Right — Server Program Manual

INCIDENT LOG

Date Time

Description of the incident (include who, what, when, where, why, etc.)

Staff action taken

Patron names / phone numbers / addresses / descriptions / etc.

Witnesses’ comments / phone numbers / names

Additional information

Time police called Called by

Signed Title

Other alcohol server related issues
After reading this section you will have a
better understanding of:

Fetal Alcohol Syndrome and Fetal
Alcohol Effects and how to prevent
them

The effects of drugs in combination
with alcohol on the behaviour of
patrons

The methods of dealing with
customers using drugs in your
workplace
Along with the challenges of responsible alcohol
service there are other social and health issues
that you will come in contact with as an alcohol
beverage server. As discussed in previous
sections, the best policy is to be acutely aware
of these issues, as well as House Policies and
training programs that may help you handle
them in a professional and responsible
manner.
Fetal Alcohol Syndrome and
Fetal Alcohol Effects
A woman who drinks alcohol during
pregnancy exposes her unborn child to
the risk of alcohol-related birth defects
including Fetal Alcohol Syndrome or
Fetal Alcohol Effects.
27
Medical research clearly indicates that children
of alcoholic mothers are often born alcohol-
dependent and undergo withdrawal after birth.
As a result, they may develop significant phy-
sical abnormalities. This set of disorders, which
includes central nervous system dysfunction,
growth deficiency, and head and face ab-
normalities, is commonly referred to as Fetal
Alcohol Syndrome.
There is increasing evidence that even moderate
levels of alcohol consumption may be harmful
to the fetus. While not presenting the classic
features of Fetal Alcohol Syndrome, children
of moderate to heavy drinking mothers present
isolated congenital defects, mild mental handi-
cap, attention deficit syndrome, and learning
disabilities. Fetal Alcohol Effects is a term used
to describe children who exhibit some of these
characteristics. Although it is not clear what
level of alcohol use begins to harm the fetus,
some research suggests that even very light
drinking can result in alcohol-related defects
in the baby. For this reason, the prevailing
advice to pregnant women, and/or women
planning pregnancy, is to abstain from
alcohol consumption.
Fetal Alcohol Syndrome and Fetal Alcohol
Effects constitute a very real problem in British
Columbia. It is the leading cause of preventable
birth defects. Fetal Alcohol Effects are also likely
responsible for an even larger percentage of the
behavioural and learning problems of preschool
and school-aged children.
28 Serving It Right — Server Program Manual
The incidence of Fetal Alcohol Syndrome is
approximately 140 births per year in B.C.
The lifetime cost to support these babies is
estimated at $280 million.
Prevention
The fundamental reason for encouraging
pregnant women not to drink is because stop-
ping their alcohol intake, particularly in their
first trimester, does lead to improved pregnancy
outcomes.
The provincial government has undertaken
several preventive initiatives aimed at reducing
the incidence of Fetal Alcohol Syndrome and
Fetal Alcohol Effects. These include a multi-
media campaign consisting of posters, pamphlets,
and television and radio messages. The
campaign indicates that not drinking is the
best choice for protecting unborn babies.
If you feel a potential problem with a
pregnant patron may exist in your work-
place, offer her non-alcoholic beverages
and discuss further service action with
your employer.
Statistics from - Prevention Source B.C.
Drugs and alcohol
You are bound to have patrons who are under
the influence of drugs and who will be wanting
to consume alcoholic beverages in your work-
place.
All drugs alter the perceptions of patrons. When
drugs are mixed with alcohol, there often are
unpredictable side effects. For example, the
combination of alcohol and valium may
produce four times the intoxication that was
expected if these drugs had been used separately.
Drugs affect people in different ways. Factors
such as personal expectations about the drug’s
effects, the person’s general mood, how much
is taken, how often it is taken, the person’s
physical state, and the amount of food in the
person’s stomach all can influence the behaviour
of drug users.
When drugs are used in combination with
one another, the effects are highly unpre-
dictable. As a general rule, combining
drugs with alcohol exaggerates the
normal effects.
Marijuana
Marijuana significantly slows reaction time,
decreases the ability to judge speed and distance,
and impairs coordination and vision. The effects
of marijuana can last 4-10 hours, even after
the “high” is gone.
Inhalants
Inhalants such as gasoline or glue impair
judgment, slow reaction time and impair motor
skills.
Narcotics
Narcotics such as heroin, morphine, or codeine
greatly reduce motor skills, reaction time,
judgment, and awareness.
Depressants
Tranquilizers and sedatives depress the body’s
central nervous system. They are used to relieve
anxiety or induce sleep. Even small amounts
of these drugs can slow reaction time, decrease
eye-hand coordination, and interfere with
judgment. Use of depressants with alcohol can
cause death.
 Other alcohol server related issues 29

Stimulants Remember that you have a legal right to refuse

Cocaine and other stimulant drugs will impair
judgment and increase aggressiveness. Repeated
use of stimulants causes edginess and decreases
coordination. Mixing stimulants with alcohol
increases the bad effects of both on users.
Alcohol
Alcohol is classified as an hypnotic or anaesthetic
agent. Alcohol is a depressant and com-
bined with other drugs creates an effect
greater than that caused by either drug
alone.
service to anyone you suspect of dealing or
using illegal drugs in your workplace. You can
ask the person to leave.
Section 36 of the Liquor Control and
Licensing Act places the responsibility
on licensees and staff not to permit un-
lawful activities or conduct on licensed
establishments. If such activities are
occurring, enforcement action may be
taken against the licence and the licence
may be suspended or cancelled.

Operational Bulletin No 94-06, Liquor Control and

Preventing alcohol and drug consumption Licensing Branch
You and your employer should be watching for
signs of people dealing or using drugs in your
workplace. Keep an eye on customers who
make frequent trips in and out of the building,
either alone or with a number of people. Other
suspicious actions might include patrons passing Did you know . . .
matchbooks, folded dollar bills, or folded nap-
kins to other customers.
Collisions occuring between
Be on the lookout for customers who make
midnight and 3:00 a.m.
frequent trips to the washroom. This is fre-
quently where a lot of drug activities occur. If account for nearly 30% of all
you find any drug paraphernalia, such as alcohol-related casualties.
syringes, needles, plastic bags, burned matches,
or bottle caps in your workplace, or notice any
other evidence that someone is dealing drugs,
notify the police immediately.
30 Serving It Right — Server Program Manual

Some common questions about alcohol

Do people who drink frequently Does mixing drink types cause

hold their liquor better than others? greater intoxication?
It is important for the server to realize that No, one ounce of alcohol is one ounce of
impairment can occur at any level of blood alcohol, no matter in what form it is ingested.
alcohol content, so the server should look for
behavioural signs of impairment. Impairment Is alcohol a stimulant?
is behavioural while blood alcohol content is
No, alcohol is actually a depressant. It initially
chemical and not necessarily behavioural.
causes a release of inhibitions that “appears”
Frequent drinkers DO show fewer signs of
to stimulate the drinker. This “state of euphoria”
impairment. Drinking-driving laws make it
often drives the drinker to maintain this state
illegal to be impaired when operating a motor
by having more liquor, which leads to intoxication.
vehicle as well as illegal to be over .08% blood
alcohol content. Of course, people can be
impaired below .08% blood alcohol content
and be charged with drinking driving.

Do coffee, exercise, or cold showers Did you know...

sober you up faster?
No, alcohol is expelled from the body at a fixed The liver is the most important
rate for that particular person. Coffee, exercise, organ for processing alcohol.
or cold showers do not sober up a person faster.
It processes alcohol at a
Does alcohol warm the body? relatively fixed rate of one
drink per hour, or .015mg%
No, alcohol dilates (opens) the pores and lowers
body temperature. It contributes to deaths per hour.
resulting from hypothermia.
Alcohol can be absorbed,
Does alcohol improve coordination?
enter the bloodstream, and
No, the motor functions that control coor- travel to the brain in as little
dination are attacked by alcohol immediately.
Some people will try to tell you they are better
as three minutes.
at darts after a few drinks.
 31

Appendix 1

The effects of alcohol

Beer and the Standard Drink
Knowing the Standard Drink is important
because it allows you to monitor your patrons’
intake, regardless of the beverage type.
With the introduction of low-alcohol beer and
wine, a “normal size” serving will be less than
a Standard Drink, because the beverage has a
lower alcohol content.
This means that it takes more than one light
beer to create the same level of intoxication as
that of a Standard Drink. The chart on this page
illustrates the various equivalents.
On Line A, you can see that one bottle of regular
beer contains the same amount of alcohol as
1 1/4 bottles of 4% beer, or two bottles of 2.5%
beer.
While you cannot sell 1 1/4 bottles, Line B shows
how the effects of several beers accumulate.
Here, four bottles of regular beer are shown to
have the same alcohol content as five bottles
of 4% beer, and eight bottles of 2.5% beer. Line
B suggests that if you serve twice as many
bottles of 2.5% beer, your patron will end up
consuming the same amount of alcohol as
would be the case with regular beer.
Line C shows that if you wished to serve a patron
five Standard Drinks, you could sell 6.25 bottles
of 4% beer or ten bottles of 2.5% beer instead
of selling five bottles of regular beer without
changing the amount of alcohol consumed.

Beer equivalents

5% alcohol 4% alcohol 2.5% alcohol Standard Drinks

(Line A) 1 bottle* = 1 1/4 bottles = 2 bottles = 1 SD

(Line B) 4 bottles = 5 bottles = 8 bottles = 4 SD
(Line C) 5 bottles = 6 1/4 bottles = 10 bottles = 5 SD
* All bottles are 12 ounces (341 mL).
32 Serving It Right — Server Program Manual

Wine, spirits, and the Standard
Drink
Wine and spirit coolers typically contain the
same amount of alcohol as a regular beer (5%),
and, in some cases, have as much as 7% alcohol.
Yet they often come in 12-ounce bottles, just
like beer. Because of this, they should not be
considered light drinks. The higher alcohol
versions (6-7%) should be served at a slower
rate than regular beer, as they are more potent.
In recent years, light wine has been introduced
to consumers. Its alcohol content is between 7
and 9% and it is usually served in 5-ounce glasses.
The chart below shows Standard Drink
Equivalents for light and regular alcohol wines.
In this case, the implications are the same as
for beer. As indicated in Line B, instead of
serving three glasses of regular wine, you can
serve four glasses of light wine. In this way,
there is the potential to increase your revenue
by one third, yet keep the consumption of
alcohol constant.
Another option is to fill half a 5-ounce glass with
wine (2 1/2 ounces) and half with a non-alcoholic
mix (2 1/2 ounces) such as soda water or lemon-
ade. These drinks have the alcohol content of 1/2 of
a Standard Drink. They are good for business
from both health and revenue perspectives.
Two additional points should be made with
respect to drink service. First, spirits in mixed
drinks can be sold in 1-ounce portions, instead of
the usual 1 1/4 or 1 1/2 ounce measures. This
amounts to 2/3 of a Standard Drink. Three of
these drinks would amount to two Standard
Drinks, and six of them would be four Standard
Drinks. These equivalents are shown below.
Second, beer can now be purchased in a wide
variety of containers larger than the standard
12-ounce (341-mL) size. These containers make
it very difficult, if not impossible, to calculate
Standard Drinks or monitor the intake of your
patrons. For this reason, you may want to
encourage the use of only standard-size beer
containers. This approach could simplify the
tasks of ordering, storing, pricing, and managing
other aspects of responsible alcohol service.

Wine equivalents

12% alcohol 9% alcohol Standard Drinks

* All glasses
are 5 ounces
(Line A) 1 glass* = 1 1/3 glasses = 1 SD
(142 mL).
(Line B) 3 glasses = 4 glasses = 3 SD
(Line C) 5 glasses = 6 2/3 glasses = 5 SD

Spirits equivalents

1 1/2-ounce shot 1-ounce shot Standard Drinks

1 shot = 1 1/2 shots = 1 SD

2 shots = 3 shots = 2 SD
4 shots = 6 shots = 4 SD

Appendix 2
Settled alcohol service liability
case decisions
Jordan House Hotel Ltd. v. Menow was intoxicated, and ejected him knowing he had
and Honsberger (1973) no safe way of getting home. Laskin
The Supreme Court of Canada recognized that
a tavern owner had a duty to protect intoxicated
persons from injuries that they might suffer on
or off the premises.
Menow, a regular patron of the defendant’s hotel,
tended to become “annoying and reckless” when
intoxicated. He had previously been banned
from the hotel. After the ban was lifted, the
hotel employees were instructed not to serve
Menow unless he was accompanied by a
responsible person.
The night of the accident, Menow arrived with
two other individuals, who left early. From 7
p.m. to 10 p.m. Menow drank alone, becoming
visibly intoxicated. When he bothered other
patrons, staff ejected him.
Menow was given a ride partway home and
continued on foot. Menow staggered along the
highway and was hit by a car. Menow sued both
the driver and the hotel. He claimed that the
hotel had an obligation to take reasonable care
to protect him, in his intoxicated condition, from
personal injury.
The Supreme Court of Canada unanimously
upheld this claim. Mr. Justice Laskin emphasized
that the staff had special knowledge of Menow’s
lack of responsibility when impaired. They had
violated provincial law in serving him when he
33
concluded that the hotel’s staff should have
taken steps to protect Menow. Options included
allowing him to spend the night in one of their
rooms, calling the police, or arranging safe
transport home.
In defence, the hotel argued that the provincial
alcohol legislation required the staff to eject
Menow because he was intoxicated. The defend-
ants also raised the defence of voluntary
assumption of risk and contributory negligence.
Laskin rejected both defences. He held that they
had a broader duty not to eject him if it were to
subject him to a foreseeable risk of injury.
Further, he held that Menow was too intoxicated to
appreciate or assume legal responsibility for his
own conduct. Menow, the hotel, and the driver
were each held one-third at fault.
Mr. Justice Ritchie agreed with the result but
suggested that the staff violated their duty once
they served Menow past the point of intoxication.
Their obligation was to prevent intox-
ication and not, as Laskin had shown,
simply to protect patrons once they
became intoxicated.
Cases following this landmark decision have
used Ritchie’s broader statement of this duty.
34 Serving It Right — Server Program Manual
Lehnert v. Nelson et al. (1974)
In this case, the plaintiff was injured in an
unprovoked assault by an intoxicated female
patron. Although previously unknown to the
staff, this woman had since her arrival been
boisterous, aggressive, and destructive. The
court stated that her conduct provided
a clear warning to the staff that she might
injure herself or others. Under these
circumstances, the staff had a legal duty
to eject or restrain her. By failing to take
such action, the staff breached their common
law duty to the plaintiff and were liable for the
plaintiff’s losses.
Jacobson v. Kinsmen Club of
Nanaimo (1976)
Although there are few reported cases, an
occupier may be held liable for permitting
activities on the premises that pose a fore-
seeable risk of injury. This is best illustrated
by the case of Jacobson v. Kinsmen Club of
Nanaimo.
In Jacobson, the defendant held a “beer party”
in an arena. Several uninhibited patrons
entertained the crowd by climbing the beams
that supported the roof and “mooning” those
below. A person known only as “Sunshine”
attempted to mimic this feat, but fell from the
beam onto the plaintiff. “Sunshine” emerged
unscathed, except for the indignity of losing his
pants mid-flight, and immediately left. The
plaintiff, who was seriously injured, sued the
Kinsmen Club under the British Columbia
Occupier’s Liability Act.
The court decided that the first two incidents of
beam climbing were sufficient to warn the
defendant of the hazards posed by the activity.
By the time the plaintiff was injured, there was
a duty on the defendant to “take steps to prohibit
or prevent recurrences of beam climbing”. In
failing to take such action, the staff breached
their obligations under the Act. It is not clear
whether the outcome would have been the same
under the narrower common law principles of
occupier’s liability.
Picka v. Porter and the Royal
Canadian Legion (1980)
Porter ran a stop sign and hit the plaintiff’s car,
killing three people and injuring two others.
Based on his blood alcohol level, it was esta-
blished that Porter had consumed approximately
10 bottles of beer over a five-hour period at the
Legion. The beer was served from behind a
partition, in circumstances in which the bartender
could not observe the patrons’ condition or
determine how much alcohol any patron had
consumed. The plaintiffs sued both Porter and
the Legion.
The Legion contended that since the bartender
was unaware of Porter’s intoxicated condition,
it could not be held liable. The court rejected
this argument, concluding that an alcohol
provider could not absolve itself of liability by
adopting serving practices that made it difficult
to determine a patron’s sobriety. The Legion was
held liable even though the bartender had no
special knowledge of Porter’s irresponsibility
when intoxicated and no actual knowledge of
his intoxication and had not ejected him. The
Legion had merely provided Porter with alcohol
past the point of intoxication. In this respect,
the case imposes a broad duty on alcohol
providers to prevent their patrons and
guests from becoming intoxicated.
 Appendix 2 Settled alcohol service liability cases 35

Porter was held 85% at fault and the Legion was
held only 15% at fault. However, since the
defendants were jointly and severally liable, the
plaintiffs could recover 100% of their $400,000
claim from either party. If Porter had no money,
the Legion, although a minor negligent party,
could end up paying the entire claim.
Niblock v. Pacific National Exhibition
and City of Vancouver (1981)
In Niblock v. Pacific National Exhibition and
City of Vancouver, the intoxicated plaintiff fell
over a low railing on a high staircase and was
seriously injured. The plaintiff sued the defend-
ants under the British Columbia Occupier’s
Liability Act, which requires an occupier to take
reasonable steps to ensure that the premises
are reasonably safe under the circumstances.
The defendants argued that they had never had
problems before with these railings and that
the accident was due solely to the plaintiff’s
intoxication. The court stated that since the
exhibition grounds had several alcohol outlets,
the defendant should have foreseen that intox-
icated people would be present. In holding the
defendants liable, the court emphasized that
the premises had to be reasonably safe
for not only the sober, but also the
intoxicated.
Schmidt v. Sharpe and the
Arlington House Hotel (1983)
This case provides another example of the broad
duty that alcohol providers must carry. Sharpe
consumed a small percentage of the alcohol
causing his intoxication at the hotel. The staff
had no special knowledge of his susceptibility
to alcohol, and they did not eject him.
The evidence did not establish that Sharpe was
visibly intoxicated when he was served. Rather,
the expert witnesses, based on Sharpe’s blood
alcohol level, stated that properly trained
staff should have been able to recognize
some signs of Sharpe’s intoxication when
he was served. It was on this basis that the
hotel was held liable for $1.75 million.
Host liability is hard to
demonstrate by case law
in B.C. Law suits are rare.
ICBC has taken some
licensees to court in order to
recover damages paid on
behalf of insureds who,
being impaired, were in
breach of their policies.
However, most cases are
settled out of court, so B.C.
precedents are few.

Shortly after finishing his last beer and leaving

the Arlington House Hotel, Sharpe failed to
negotiate a curve in the road. Sharpe suffered
minor injuries but his passenger, Schmidt, was
rendered a quadriplegic. Schmidt and his family
sued the hotel for $13 million.
36 Serving It Right — Server Program Manual
Schmidt was held 30% contributorily negligent
for accepting a ride with Sharpe and for not
wearing his seatbelt. The court rejected the
defence of voluntary assumption of risk because
Schmidt had not expressly or implicitly agreed
to assume legal responsibility for the risks of
driving with Sharpe. Moreover, the judge noted
that the hotel could not even raise this defence.
The hotel had violated a statutory provision
designed to protect the plaintiff — namely,
section 43 of the Liquor Control and Licensing
Act, which prohibits serving alcohol to the
intoxicated.
Hague et al. v. Billings et al.
(1989)
The issue before the court in this case was
whether either of the defendant taverns would
be liable to the plaintiff for damages that
happened as a result of a motor vehicle accident.
Jacqueline Hague and her daughter were driving
in a car struck by the defendant, Billings.
Jacqueline Hague was killed and her daughter
was seriously injured. Billings was convicted of
negligence causing death and sentenced to jail.
From about 9 a.m. until shortly before the
accident at about 10:30 p.m., Billings and two
companions had been drinking and driving the
back roads of the Haliburton area.
They arrived at the Oasis Tavern, along the high-
way, about 7:00 p.m. Billings and one of his
companions went in and were served a beer.
They were refused further service when the
bartender observed that they were intoxicated.
They were joined by the third member of the
group who was served only food. The staff of
the tavern agreed that Billings was intoxicated
and should not drive. The owner tried to
persuade Billings to give his key to the third
member of the group. The staff and owner
perceived this third member as relatively sober
when compared to Billings and the other man.
Billings left in his car and there was no further
action taken by the Oasis Tavern. The highway
police were not called even knowing that Billings
was endangering other drivers.
It was established that between 9:00 p.m. and
10:30 p.m., the three men were each served four
bottles of beer at the Ship & Shore Hotel. Shortly
upon leaving, the two companions demanded
that Billings stop the car; they got out because
his driving was so erratic. Billings drove on,
crossed the median line, and hit the Hague car.
Billings was described as obviously drunk by all
the people who dealt with him after the accident.
A Breathalyzer test given to Billings at 12:16 a.m.
and 12:36 a.m. yielded readings of .265 and .260.
This represents 13.7 beers or 20.9 oz. of liquor
in his system at the time of the tests.
The plaintiffs were unable to show that the
omission of action on the part of the Oasis
Tavern was the cause of, or contributed to their
damages. Accordingly, the action against the
Oasis Tavern were dismissed.
However, the court found that although
Billings voluntarily became intoxicated,
the actions of the Ship & Shore Hotel in
allowing him to increase or at least
maintain his level of intoxication was
equally to blame. Accordingly the Ship &
Shore Hotel was found equally responsible and
liability was apportioned 50% to Billings and
50% to the Ship & Shore Hotel.

Appendix 3
Managing duty of care —
identifying the signs of intoxication
When you know how much and how fast a
person is drinking, you have a way of estimating
that person’s degree of intoxication. You are
ready to move into the second part of the
foreseeability equation. In addition to keeping
track of HOW MUCH and HOW FAST a person
is drinking, it is also necessary to notice how a
person’s BEHAVIOUR CHANGES as he or she
drinks.
It is important to notice your customer’s
behaviour on arrival. Any change in
behaviour as “average” drinks are consumed
will give you the “reasonable foreseeability” of
intoxication. HOW MUCH, HOW FAST, and
CHANGE IN BEHAVIOUR are key points you
need to observe. If you have accurate accounts
of these key points, you have taken the first step
in satisfying your responsibilities under the law.
If you observe signs of intoxication, you should
adjust your service, even if the patron’s probable
blood alcohol content is below the limit. Research
has shown that a cluster of signs mark a person’s
progress toward intoxication. Servers should
recognize these signals. The signs, which can
appear in any order among drinkers, include the
following:
1. Fine motor control

deterioration of skill requiring “fine motor
coordination” and hand-eye coordination

examples: fumbling with cigarettes,
difficulty picking up change, difficulty
removing cards from wallet or purse
37
2. Change in speech volume

inappropriate volume for the situation

voice may go from low to high volume
(or vice versa) when there is no reason
to suggest that a change is necessary.
For example, the patron may be too loud
with no competing background noise,
too soft with no reason to be secretive.
3. Pace of speech

change in the rate of speaking (racing,
then slow or vice versa)

consistently slow or fast speech
4. Slurred speech

difficulty in speaking distinctly

may be a single error — a word that the
patron cannot get out

may be several words that are indistin-
guishable, blurred, or otherwise run
together
5. Red eyes

eyes bloodshot to any degree
6. Sweating

excessive sweating, not consistent
with the surrounding temperature or
conditions

too profuse to be nervousness, physical
exertion, or other logical factors
38 Serving It Right — Server Program Manual

7. Decreased alertness

takes too long to respond to questions

or to react to events (example: when
asked to place an order)

difficulty paying attention to conver-
sation — comes in and out of discussions

difficulty “hearing you” or understanding
what is said; easily “muddled”

8. Gross motor control

deterioration of skills requiring “gross

motor coordination”

difficulty standing upright

difficulty walking a straight line

bumps into furniture and other patrons

9. Slow or shallow respiration

breathing noticeably slower than your

own rate or that of others nearby

weakness of effort in breathing —
shallow — very low volume of air
inhaled and exhaled

10. Sleepiness

tired, heavy, or closed eyes

placid, fixed gaze

“nodding off” then jerking head upright

One problem you may notice is that by the time

changes in behaviour are obvious, the patron
may already be intoxicated.

Your mission is to be able to spot the subtle

changes in your customers as they drink,
so you can identify when they have had
enough, before they are intoxicated.

Appendix 4
House Policy and responsible
alcohol service
The need for a House Policy
The success of your efforts to promote respon-
sible service depends to a large extent on how
clearly your workplace’s House Policy with
respect to responsible alcohol service is
communicated. Such a policy provides you with
formal support and back-up that:

Specifies what procedures and practical tactics
are to be used in different alcohol service
situations.

Makes your alcohol service responsibilities
easier to carry out.
This House Policy can be effectively communicated
through:

Easy-to-use House Policy Booklets given to
you by your employer.

Training sessions for you on the reasons
behind responsible alcohol service and the
need to follow House Policy.

Public signage, “table talkers”, and notices
emphasizing critical House Policies to you
and your patrons.
39
Elements of a House Policy
Once a House Policy has been adopted, it becomes
part of the environment in which you work. It
will go a long way toward shaping your actions
as well as those of your fellow workers and
patrons. A Responsible Alcohol Service House
Policy typically covers one or more of the
following subjects:
Monitoring the door
How the management and you will go about
refusing entry to anyone who is a minor,
intoxicated, or potentially troublesome.
Actively promoting and marketing
food
How management and you will go about
encouraging patrons to consume foods and
snacks that slow the pace and amount of drinking
and reduce the rate of alcohol absorption into
the bloodstream.
Pricing away from intoxication
How management and you will use pricing
strategies to encourage moderation and dis-
courage excessive consumption through the
use of such tactics as “daily special” non-alcoholic
rounds; “breather” or “spacer” rounds of non-
alcoholic drinks; “light” wines, beers, mixed
drinks with lower than normal alcohol content;
graduated “alcohol content” pricing policies;
discouraging volume purchase discounting
practices.
40 Serving It Right — Server Program Manual

Server training Setting a drink limit for patrons

How management will emphasize the seriousness
of their commitment to responsible serving
through such tactics as training you and other
workers (including non-servers) on a regular
basis, making completion of responsible serving
training a condition of employment, compen-
sating you for participating in related service
training programs, and providing a written policy
to you to increase awareness of critical items.
Discretionary powers to staff
What back-up tools management will provide
for you in their efforts to address potential or
actual patron intoxication issues (e.g., intoxicated
patron home transportation taxi vouchers, free
food or non-alcoholic drink distribution to in-
toxicated patrons, free overnight parking for
intoxicated patrons agreeing to use alternative
forms of safer transportation).
How you will monitor and limit the number of
Standard Drinks patrons will be permitted to have.
Promote the service of one Standard Drink at
a time. Recognize the signs of intoxication and
follow the guidelines for dealing with intoxicated
patrons.
Publicizing the establishment’s
responsible alcohol service position
How management will help you to integrate a
responsible alcohol service program into its
corporate image inside and outside the establish-
ment. Potential tactics include the use of “table
talkers” and posters and having servers
communicate your program’s objectives to
patrons.

Safe home transportation

How management with your support will ensure
the safe home transportation of intoxicated
patrons. Tactics to be considered as alternative
strategies include staff members calling friends
of the patrons for rides, partly and/or fully
subsidized taxi rides, adopting a registered
Designated Driver program.
 Appendix 4 House Policy and responsible alcohol service
Knowing the House
Policy
In order to practice effective
identification, prevention and
intervention methods, it is
important to clarify your work-
place’s approach to dealing
with various alcohol service
situations. The rules and
procedures that your managers
use are often referred to as the
House Policy. It is up to you to
understand your establishment’s
official House Policy, as this
will let you know what kind of
“back-up” you will receive from
them in dealing with your
patrons. Here are some typical
House Policy issues to discuss
and clarify with management.
41
Identification
What are the types of ID we accept?
How do we make sure ID is not false?
When should the manager be called?
What do we say to deny entrance or refuse service to
an inherited drunk or troublemaker?
Should I have a witness when I deny entry or refuse
service?
Prevention
Who should I check with if I am unsure about a
person’s state of intoxication?
What kinds of questions can I ask to tactfully
determine a patron’s state of intoxication?
What are the procedures for handling “designated
drivers”?
What can I say to patrons to encourage them to choose
alternatives when I suspect they may have had enough?
If another server has over-served a patron, whose
responsibility is it to refuse further service?
What is your policy on serving more than one drink at
a time to a patron?
Intervention
When should I attempt to handle a situation alone and
when should I ask for assistance?
If I have to call the police, what information is necessary
and what is appropriate to say on the phone and in person?
Am I supposed to try and take away a patron’s car keys?
If so, what is the best way of doing it?
What’s our policy regarding taxis? Who do we call?
Who pays? What do we do about the patron’s car?
What is the limit on physical force I can use if a situation
gets out of hand?
Where should I write down the details of an incident?
42 Serving It Right — Server Program Manual
Appendix 5
Glossary
absorption The way alcohol enters the
bloodstream. Alcohol is absorbed into the blood
through the stomach and small intestine.
addiction Physical dependence upon a drug,
characterized by withdrawal symptoms in the
absence of the drug.
alcohol A toxic drug. A depressant drug that
slows activity in the central nervous system,
resulting in impaired mental and physical
performance.
alcoholism The condition characterized by
a person’s inability to control or stop drinking.
Addiction or dependence upon the drug alcohol.
alternative transportation The means
to prevent the intoxicated person from driving.
Taxi, ride with a sober friend, etc.
Blood alcohol concentration The
amount of alcohol in the blood, determined by
the percentage of alcohol in relation to other
blood components. For example, .08% blood
alcohol concentration means there are eight
parts of alcohol per 10,000 parts of blood. Many
law enforcement agencies use breath tests to
determine a person’s alcohol content.
central nervous system The brain and
the spinal cord, which collects, processes, and
transmits information.
dependence The need for a drug, resulting
from continuous use, characterized by physical
or mental withdrawal in the absence of the drug.
depressant A chemical that slows down
the processes of the central nervous system
distillation A heating and cooling process
that concentrates alcohol in a solution.
drug A chemical substance that produces
a physical, mental, emotional, or
behavioural change in the user.
fermentation The chemical process of yeast
acting on sugars that produce ethyl alcohol.
Fetal Alcohol Syndrome/ Fetal
Alcohol Effects The adverse affects on
the unborn baby by alcohol consumed by a
woman during pregnancy can lead to alcohol-
related birth defects.
ID Identification used to verify a person’s age.
(Current legal age is 19 years of age.)
impaired driving The legal standard for
impaired driving is a blood alcohol content of
.08%. This offence includes being under
the influence of alcohol and/or other drugs.
impairment A decrease in physical and mental
abilities.

incident log A daily record of any events
occurring in a establishment that could result
in legal action.
intervention The alcohol server’s legal and
professional responsibility to control and limit
the customer’s consumption of alcohol to
prevent drinking to intoxication, to prevent
minors from drinking alcohol, or to prevent
the intoxicated person from driving.
intoxication The condition of physical and
mental impairment resulting from consumption
of alcohol and/or other drugs.
licence The licence or permit issued under
the Liquor Control and Licensing Act that
permits the licensee to sell beverage alcohol by
the glass. There are different kinds of licences
issued for different types of licensed establish-
ments, e.g., neighbourhood pub, cabaret, hotel
lounge, dining room.
licensed establishment An establishment
licensed under the Liquor Control and Licensing
Act to sell beverage alcohol by the glass.
licensee A person or entity granted the
privilege of selling alcoholic beverages.
malted beverage An alcoholic beverage
made from malted barley (corn or rice), with
an alcohol content of 3 to 8%. Beer, ale, etc.
minor Any person less than 19 years of age.
oxidation The process by which the body
burns alcohol for elimination. The liver oxidizes
90% of alcohol, at a rate equal to about one
average drink per hour.
Appendix 5 Glossary 43
problem drinker A person who uses
alcohol to the extent that it causes problems such
as disruptive, abusive, or violent behaviour
resulting in arrest, divorce, job loss. May or may
not be physically dependent/addicted to alcohol.
proof The alcohol content of a distilled liquor.
Equal to two times the percentage of alcohol.
For example, 100 proof equals 50% alcohol
content.
responsible alcohol service The legal
and professional responsibility of alcohol servers
to consistently take care that customers do not
drink to intoxication, minors do not drink, and
intoxicated customers do not drive.
sale Includes selling, supplying, or distributing
liquor by any means.
server An alcohol server. Any person
employed by a licensee who participates in the
mixing, selling, or service of alcoholic liquor
for consumption on the premises.
SOL (Special Occasion Licence) When
organizing and managing a private or public
event for an association or organized group,
you must have obtained an SOL for
consumption of beverage alcohol at the event,
and have completed the licensee certification
under the Liquor Control and Licensing Act.
spirits Alcoholic beverages made by distilling
the product of fermented grains, fruits, and
vegetables. Alcohol content is 40 to 50% or 80
to 100 proof. Commonly called “hard liquor”.
stimulant A chemical that speeds up the
processes of the central nervous system.
44 Serving It Right — Server Program Manual

third-party liability A law that allows a

victim to sue a server or licensee for damages
and injuries resulting from the actions of a
customer. Third-party liability applies when the
server or licensee violated the law by serving a
minor or a visibly intoxicated person. The first
party is the licensee/server, the second party is
the customer, and the third party is the victim.

tolerance The condition wherein a drug

user requires increasingly larger amounts of the
drug to produce the same effect. A change in the
system of the user, developing with prolonged
or increased use of a drug.

toxic Poisonous; causing death, harm, or

impairment.

tranquilizer A depressant drug that slows

down the central nervous system. “Downers.”
Used in combination with alcohol, the de-
pressant effects of both drugs are intensified,
sometimes resulting in coma or death.

visibly intoxicated person The standard

used by alcohol servers to determine if a customer
is intoxicated. A person who exhibits the visible
signs of intoxication.

wine An alcoholic beverage made by the

process of fermentation of grape or other fruit
juices. The alcohol content is 12 to 20%.

withdrawal The physical effects of the

absence of a drug to which an individual is
addicted. Symptoms include vomiting, tremors,
sweating, insomnia, and convulsions.
 45

Self quiz
The following questions are designed to help you review the important points
of this manual. Answer the following questions and then check your answers in
Quiz. This quiz is not to be submitted to Serving It Right.
Answers to Self Quiz
You should only submit the Final Ex am
Exam
am.

1. To what does the term “occupier” of a premises refer?

2. What does the Occupier’s Liability Act govern?

3. Name three important issues that the server must understand.

4. Discuss the relationship between a person’s blood alcohol level and impairment.

5. Ouellet v. Uranium City Hotel Ltd., 1979.

A tavern patron shoved the lit end of a cigarette into the eye of the plaintiff, apparently
because he refused to buy her a drink. This woman had been barred from the tavern on
previous occasions but had never been violent before.
Did the licensee or employee know or should they have known that the patron was likely to
cause injury to other patrons?
46 Serving It Right — Server Program Manual

6. Stanton v. Twack, 1982.

Case arising from an assault on the plaintiff. Prior to assaulting the plaintiff, the other patron
had verbally abused and threatened a member of the plaintiff’s party, within earshot of the
tavern’s employees, who ignored the situation.

Were there reasonable and foreseeable circumstances that the licensee or employee could have
avoided this incident?

7. Arbeau v. Dalhousie Tavern Ltd., 1974.

The plaintiff, Mr. Arbeau, had a reputation for drinking more than he should and was previously
barred out of the Dalhousie Tavern for “99 years”. In spite of this, he went into the tavern and
was served two draft beers by a waiter named Landray, who did not know Arbeau. Shortly
after, another waiter arrived, recognized Arbeau, and told Landray that Arbeau was barred.
Landray asked Arbeau to leave.

Arbeau (the plaintiff) claims he left and that Landray followed him to the door and hit him,
resulting in “five stitches in the face” and that he, the plaintiff, went out the door backwards.
The plaintiff’s testimony was somewhat vague.

Landray argues that he asked Arbeau to leave on two occasions; each time Arbeau moved to
another table. Landray went on to serve other customers and next saw the plaintiff scuffling
with another person. Landray testified that he used “a little force to push” Arbeau out the door
because he resisted leaving. There is some debate as to the plaintiff’s actual condition but he
“wasn’t too steady”. Landray could not offer a standard he used in determining intoxication.

When Landray pushed the plaintiff out the door, Arbeau fell, fractured his leg, and cut his left
eye. He was in a cast for over three and a half months but suffered no permanent disability.
The doctor, however, testified that the fracture was “fairly bad”.

The defendant argues that in ejecting the plaintiff they were complying with the Liquor Control
and Licensing Act not to permit drunkenness or disorderly conduct on their premises.

Questions
A. What topic of what Act applies mainly in this case?
 Self quiz 47

B. What are your findings?

C. Would you award damages?

8. What is an average drink?

9. Using BAC, how many drinks would it take for a 200 lb. person to be legally intoxicated?

10. The traffic-light method for monitoring alcohol service indicates what signal (and action) if a
guest is drinking quickly but not yet intoxicated?

11. In what circumstances are you required to either request a person to leave, or forbid a person
to enter a licensed establishment? Provide the applicable section number of the Liquor Control
and Licensing Act or Regulations for each circumstance.

12. Under what circumstances may a licensed establishment be immediately closed for up to 24
hours? Provide the applicable section number of the Liquor Control and Licensing Act or Regulations.
48 Serving It Right — Server Program Manual

13. What are your responsibilities with respect to unlawful activities on a licensed premise
(e.g., drug dealing/usage)? Provide the applicable section number of the Liquor Control
and Licensing Act or Regulations.

14. Is it permissible to have U-brewed liquor in a licensed establishment? If not, why not? Provide
the applicable section number of the Liquor Control and Licensing Act or Regulations.

15. The prohibition against discrimination contained in the Human Rights Act has a specific
application with respect to the operation of licensed establishments. What section of the Liquor
Control and Licensing Act refers to the Human Rights Act? Under what circumstances must
you be mindful of the Human Rights provisions?

16. May an employee consume liquor while working? Provide the applicable section number of
the Liquor Control and Licensing Act or Regulations.
 Self quiz 49

17. May patrons bring their own liquor into a licensed establishment for consumption there?
Provide the applicable section number of the Liquor Control and Licensing Act or Regulations.
50 Serving It Right — Server Program Manual
Answers to self quiz
1. The term “occupier” of the premises refers
to a person who is responsible for and has
control over the activities conducted on those
premises and the persons allowed to enter
those premises.
2. Occupier’s Liability Act governs the care that
a licensee is required to show towards a person.
3. Three important issues discussed that a server
must understand are:
• Rights
• Responsibilities
• Liabilities
4. Impairment is behavioural while blood
alcohol content readings are a chemical
matter and not necessarily behavioural.
Frequent drinkers often show fewer signs
of impairment. That is why the drinking-
driving laws make it illegal to be impaired
when operating a motor vehicle as well as
being over .08 mg% blood alcohol concen-
tration. People can be impaired below .08
mg% blood alcohol concentration and can
be charged with drinking driving. It is
important for you to realize that impairment
can occur at any level of, so you should look
for behavioural signs of impairment.
5. Ouellet v. Uranium City Hotel Ltd., 1979.
The court held that although the individual
defendant was known to the tavern as a
person with a drinking problem, and had been
barred from the premises in the past, she had
not previously demonstrated a potential for
violence. As a result, the court concluded
that it was not foreseeable that the plaintiff
would be exposed to injury at her hands.
6. Stanton v. Twack, 1982.
The tavern owner was held liable for damages
arising from an assault on the plaintiff by
another patron. The court held that the
patron’s behaviour gave notice to the tavern,
through its servers, that the patron was likely
to become violent and, in failing to take
action, the tavern had breached the duty of
reasonable care owed to the plaintiff under
the Occupier’s Liability Act and the Liquor
Control and Licensing Act.
7. Arbeau v. Dalhousie Tavern Ltd., 1974.
A. Occupier’s Liability Act, Vicarious Liability
for actions of employees — Duty of Care on
premises.
B. Decision: Excessive force was used. Injuries
resulted from the use of excessive force. Any
duty or right of a tavern owner to eject a
person is qualified by a duty not to use
excessive force. Landray not only subjected
the plaintiff to damage of personal injury, he
inflicted such injury upon him.
C. Award: Judgment against the defendant.

8. Average drink:
• 1 1/2-ounce distilled spirits
• 5-ounce glass of wine
• 12-ounce bottle of regular beer
9. After four drinks, a 200 lb. person would be
legally impaired and you would have broken
the law by serving them irresponsibly.
10. The traffic-light system for monitoring
alcohol service on page 22 suggests that the
patron is in the yellow or caution zone and
that the server should be cautious about
serving further drinks.
11. Section 35 - Shall not permit minors to enter
or be on premises unless licence category
permits.
Section 43 - Shall not allow an intoxicated
person to remain in the establishment.
Section 47.1 - Shall not permit a person
carrying a knife, firearm, or weapon to enter
or remain in licensed establishment.
Section 46 - Request to leave or forbid to
enter a person who is intoxicated or undesirable.
12. Section 22 - An establishment may be im-
mediately closed if employees or patrons are:
• riotous, violent, drunken, or disorderly, or,
• one or more persons’ safety is
threatened
Answers to self quiz 51
13. Section 36 - A licensee or employee must not
permit gambling or any unlawful activities
or conduct in a licensed establishment.
14. Section 38 - All liquor sold or supplied in a
licensed premise must be purchased from
a liquor store designated by the Liquor
Control and Licensing Branch general
manager or the Liquor Distribution
branch.
15. Section 46 - A licensee must request a person
to leave, or deny entry to a person, if that
person is intoxicated or considered to be
undesirable. However, a patron may not be
refused entry or ejected if the considerations
that are assessed in determining a patron’s
undesirability are discriminatory. A person
may not be ejected or denied entry because
of her/his race, colour, ancestry, place of
origin, religion, marital status, family status,
physical or mental disability, sex, or sexual
orientation. For example, you may not refuse
entry to or eject a person simply because he
or she is coloured or homosexual.
16. Regulation 42 prohibits employees from
drinking while on duty.
17. Regulation 42 prohibits any liquor not
purchased from the licensee from being
consumed in a licensed premise. Patrons
must purchase all liquor from the licensed
establishment.
Resource list

It is recommended that as a server you become * Available from :

very familiar with the following documents
Hospitality Industry Education
available for reference, which your employer
Advisory Committee
should have:
Suite 306, 15225 - 104th Avenue

Liquor Control and Licensing Act Surrey, B.C. V3R 6Y8

Liquor Control and Licensing Regulations Phone (604) 930-9770; Fax (604) 930-9771
info@hieac.com www.hieac.com
A Guide for Liquor Licensees in B.C.
Avoiding Problems: A 30-Point Plan
A Guide for Liquor Manufacturers and their It is critical that you read
Representatives in B.C. - Avoiding Problems:
and understand the
A 20-Point Plan
material contained in this

Occupier’s Liability Act
manual.

Human Rights Act

Serving It Right Manuals* Before being qualified for a
Serving It Right certificate,
These may be obtained from:
you will be required to

Crown Publications
successfully pass an open
521 Fort Street
Victoria, B.C. V8W 1E7 book examination on the
Phone (250) 386-4636; Fax (250) 386-0221 material contained in this

online www.pssg.gov.bc.ca/lclb document.
The following sources were used for statistics You will also be required to
contained in this manual: sign your examination

Fatal effects of alcohol: The real facts on answer sheet declaring
Alcohol Use, Injuries & Deaths; G. Dingle, that you have read and
P. Samtani, J. Kraatz and R. Solomon,
understood the material
August, 2002

Fetal Alcolol Syndrome: Prevention Source
and have completed the
BC exam on your own and in

Traffic Collision Statistics 2000, ICBC good faith.