Training To Do
Training To Do
INTRODUCTION
The “It’s Our Business Program”, is a course about changing views of alcohol
service in the tourism/hospitality industry. The drinkers have changed. Public
attitudes have changed. What is acceptable and what is not acceptable when it comes
to alcohol has changed. People who work serving alcohol need to understand their
part in the industry’s response to this new business environment.
Hotel, restaurants, clubs and bars are looking at new plans for keeping or improving
profits with lower alcohol sales. All licensed establishments are required by law to
provide responsible alcohol service. The goal is to run a profitable business while
reducing alcohol related problems. The main concerns include over serving, service
to minors, impaired driving as well as alcohol related law suits against both servers
and licensed premises.
A PDF version of this training content is available for you to use as a reference or if
you prefer to have it available in a printed form or to review when you are not online.
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IMPORTANT NOTE: if you chose to work with the PDF version you will still have
to click through and review each of the 77 Steps in the online course to reach the final
exam required to complete this training. There is a time delay on the Next button for
each page to allow time to read the training material.
LEARNING OBJECTIVES
o The program will help you to understand new approaches to alcohol sales and
service.
o Types of Licenses
o Legal Rights, responsibilities and liabilities
o You will learn how to identify and deal with minors.
o Identifying minors
o Prevention and intervention techniques
o Understand the effects of alcohol on the body, by itself and when used with
other intoxicants like cannabis
o Recognize signs of intoxication
o Recognize signs of co-use of alcohol and cannabis
o Your first goal should be to pull out the ideas that will work the best for you
and the place you work.
o Your second goal is to get to know methods that may be useful in future work
situations.
o Be creative and open minded. “How could I use this where I work?”
The program provides servers, managers and licensees with the knowledge necessary
to meet their responsibilities, including eliminating the sale and service of liquor to
minors and reducing over-consumption of alcohol by itself and in relation to other
drugs like cannabis in licensed establishments.
Remember, that your goal is to acquire information on what will work for you, your
establishment and your customers. You will also need the support of your
management. In most cases, they will have taken this course already, and they will
either have policies in place or be developing them. Talk to your supervisor so you
know your establishment’s policies and priorities.
Whether this is your first time working in the industry or if you have been working for
many years you have to serve each drink responsibly.
The combination of alcohol and cannabis can increase the effects of intoxication
compared to either one on its own.
This may lead to a new wave of cases going to court, relating to incidents arising from
the co-use of alcohol and cannabis. Cases outside PEI such as in Ontario, have already
found that commercial establishments must be vigilant for both alcohol and other
intoxicants like cannabis when monitoring patrons. Legalization and resultant
legislative changes may therefore place greater scrutiny on commercial establishments
in providing responsible beverage service.
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Alcohol and the Law
Learning Objectives:
This module will help you understand your legal rights, responsibilities, and
obligations as a server, licensee or manager of a specialized establishment.
Many factors make this a frustrating problem; however, while arguments rage over
the fairness of the whole issue, smart operators and servers are acting to reduce
risk. That is the goal. You may not be able to eliminate this risk any more than you
can eliminate the risk of a fire in your kitchen; however, you can take steps to manage
and reduce the chances of a legal suit. Fortunately, this action will also reduce the
risk of your patrons being involved in mishaps and accidents.
LEGAL RESPONSIBILITIES
PROVIDER’S LIABILITY
A person who serves or provides alcohol may be held responsible under common law
principles, provincial laws or a provincial civil code.
OCCUPIER’S LIABILITY
An occupier (any person who has immediate care and control of the premises and the
power to admit or exclude others) can be held liable for alcohol related injuries.
The marketing and selling of alcohol is governed by laws and regulations set by each
province or territory.
PEI”s Liquor Control Act/Regulations govern the sale and service of alcohol in
licensed establishments. The Act and Regulations stipulate:
o Requirements for obtaining a license, permit or authorization
o Application processes and the role of local government
o Operating terms and conditions such as training requirements, advertising
requirements and marketing restrictions
o Inspections and enforcement of establishments and event sites
Servers have rights and responsibilities that are designed to protect themselves and the
establishment
o Person is intoxicated
o Person is disruptive
o Person is underage
o Premises are over capacity
o A person under 19 years of age when the license states no entry to minors
o Previously barred patrons
o Previously asked to leave patrons that return
o Belligerent patrons
o Patrons selling illegal drugs
o Intoxicated people
It is important to remember that although you are allowed to use reasonable force
when removing a guest from your premises you may be held responsible for a
foreseeable injury suffered by your guest or others because of being ejected.
PROVIDER’S LIABILITY
CASE #1
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 (the defendant) drank to visible intoxication and was ejected from the Jordan
House Hotel. As he walked along the highway, he was hit by a car. Menow
successfully sued the driver and the hotel. Menow, the driver and the hotel were each
held one-third at fault.
PROVIDER’S LIABILITY
CASE #2
The issue was whether either of the defendant taverns would be liable to the plaintiff
for the damages that happened as a result of an accident caused by an intoxicated
driver.
Billings (the defendant) killed J. Hague and seriously injured her daughter. Billings
had been served at two taverns before the accident. The staff at the Oasis Tavern
refused service after one drink when they agreed he was intoxicated. The staff at the
Ship and Shore served several drinks to the Billings party.
Action against the Oasis Tavern was dismissed. Billings and the Ship and Shore were
found equally responsible. The Hague family was awarded damages of $1,890,000.
OCCUPIER'S LIABILITY
CASE #3
The foreseeability of a guest being distracted so as not to avoid a hazard formed part
of the Court’s consideration of whether the occupier’s “Duty of Care” had been met in
Roberts vs. Prince Edward Hotel & Convention Centre Inc. decided under the Prince
Edward Island Occupier’s Liability Legislation which imposed a Duty of Care.
This case involved a woman who fell from a 30 inch dais upon which the head table at
a banquet had been placed. There was found to have been a combination of a physical
hazard and a distraction here. The Court noted that “the attention of the guests would
usually be distracted by the flurry of concluding activity and conversation: as they
prepared to descend from the dais. The plaintiff was said to have been “obviously
sober” and was not an “accident seeker”.
The Hotel should have foreseen that this situation existed and taken steps to ensure the
safety of its guest. The Hotel was found liable, with no split in liability.
DUTY OF CARE
CASE #4
The vehicle owner and the club called the police. The defendant re-entered the club in
an effort to escape before the police arrived. He was stopped by the vehicle owner
who blocked his exit from the premises and a fight followed during which Walton
threw a chair hitting the plaintiff Cormier on the hand. Cormier was injured to the
extent that she was not able to resume her normal daily activity because of damage to
her hand
o The plaintiff’s injuries were caused by the fault of the two defendants.
o The bar Lecopo Ltd., had knowledge of Walton’s reputation as a fighter and
knew how intoxicated he was, such that what happened, or at least the danger
of what happened, could reasonably have been anticipated or foreseen.
o The defendant S. Walton, was negligent and; therefore, liable to the Plaintiff
for the injuries sustained by the plaintiff as the chair throwing was not only
negligent, but an assault.
The Court found the defendants at fault and attributed 60% fault to Walton and a 40%
fault to Lecopo Ltd. In a settlement of approximately $162, 000
o Patrons are stopped from engaging in activities that are predictably harmful to
themselves or others
o Patrons are stopped from smuggling alcohol into the premises – i.e. via coats,
purses, etc.
o Be vigilant for patrons who consume cannabis to ensure they do not overdrink in
relation to their cannabis use
Environmental Health
Phone: 902-368-6414
Fax: 902-368-4121
DeptHW@[Link]
FIRE PREVENTION & FIRE SAFETY (REMINDER
CHECK LIST)
Management Checklist for Licensed Facilities: Items to be checked before opening to
the public:
EXITS
o Are there two remote exits from each floor area? Readily visible?
o Do all doors swing to outside?
o Panic hardware maintained? (No dead bolts)
o Doors open easily?
o Doors unobstructed?
AISLE
o Operable?
o Tested routinely?
o Light path of exits sufficiently?
o Lights non-self illuminated signs?
EXIT DISCHARGES
DECORATIONS
o Are all fire extinguishers wall mounted not more than four feet above floor
area?
o Easily identified? (Check tags for last inspection)
o Are sprinklers 18" from all obstructions?
o Staff trained to use?
OCCUPANTS LOAD
REMODELLING
HOUSEKEEPING
STAFF TRAINING
To sell liquor by the glass and beer and wine by the glass or open bottle or other
container with meals
To sell liquor by the glass and beer and wine by the glass or open bottle or other
container, with or without meals
To sell liquor by the glass and beer and wine by the glass or open bottle or other
container, with or without meals, to registered guests of the tourist home
Caterer’s License
May be issued to the holder of a dining room license, club license or submitted
special premises license, and authorizes the licensee to sell, to a person who has
taken a meal at the licensed premises, in an unopened package for consumption off
the licensed premises, liquor of the class, variety or brand, and in the quantity,
specified on the package sales license
The brew pub can only sell draft or bulk beer by the glass for consumption in its
adjacent, totally segregated, licensed premises and one other location which is
owned and operated by the holder of the brew pub license
Allows for a winery retail outlet on and/or off the premises of the winery for the
display, sale, tasting and storage of alcohol
Distillers License
Allows for a distillery retail outlet on and/or off the premises of the distillery for
the display, sale, tasting and storage of alcohol
Micro-Brewery License
Allows for a brewery retail outlet on and/or off the premises of the micro-brewery
for the display, sale tasting and storage of alcohol
Ferment on Premises
Class I Permit
Event must take place in a premise owned or occupied by a school board, church,
municipality or public authority, or in respect of an event taking place on any other
premises that meets Commission approval
Class II Permit
A summary of the Regulations are as follows, and for greater accuracy and detail
you should refer to the Liquor Control Act Regulations and Commission Policies
o All year round licenses expire on the 31st day of May of each year
o Six month licenses expire either October 31st or November 30th of each year
o Every license granted shall be a license only to the person named there-in and
for the premises specified in the license. If a change occurs, the Commission
may revoke the license and request a new application
o A licensee shall not make renovations to the licensed premises without prior
written approval by the Commission.
o All liquor sold or kept for sale by a licensee shall be purchased from or
through the Commission and shall be dispensed from the original container in
which it was purchased.
o A licensee shall not permit any liquor to be taken from or into the licensed
premise; home brewed products are not permitted in licensed premises.
o A licensee shall not permit disorderly conduct by any person in his licensed
premises.
o A licensee shall not admit more persons to his licensed premises than the
capacity established by the Fire Marshal.
o Video lottery terminals, table top video games, pool tables and other games
may be operated only in licensed lounges, clubs, military canteens and special
premises, in age restricted areas. Only video gambling machines approved by
the PEI Lottery Commission are permitted in licensed premises.
o A licensee shall NOT permit any employee to consume liquor while on duty or
during his working hours.
o A licensee shall not employ any person under19 years of age in the handling of
liquor in his licensed premises.
o A licensee shall not let or sublet any portion of his licensed premises or permit
the operation or conduct of any service provided to the public on his licensed
premises to be controlled or conducted by any other person without the
permission of the Commission.
o All licensed premises must be vacated not later than one half-hour after the
prescribed closing hour.
o All licensees may open every day of the year at 9:00 a.m. except on Christmas
Day.
o Only dining room licensees may open on Christmas Day.
o Licensees must comply with the Public Health Act and Fire Prevention Act
o A licensee shall be in personal charge of the licensed premise or appoint a
responsible person to oversee the licensed premises during the hours liquor is
being sold or consumed in the licensed premise. All regulations which are
binding on the licensee are also binding on the person appointed to be in
charge.
o Advertising of alcoholic beverages is permitted.
o Minors are not permitted in lounges, clubs, military canteens or special
premises unless authorized by the Act, Regulations and Commission Policy
o It shall be the duty and responsibility of the licensee or person in charge to
enforce and demand such evidence as may be required to establish age to be
shown by anyone suspected of being under19 years of age before permitting
that person to enter the licensed premises.
Subject to the Smoke-Free Places Act and Regulations an owner of a public place or
workplace or an employer at a workplace may designate an outdoor area of the public
place or workplace as a designated smoking area.
o with no patio: the designated smoking area must be 4.5m (15ft) from any
entrance & 4.5m (15ft) from fresh air intake
o where all or part of the designated area is a patio the designated area must be
2.4m (8ft) from any entrance and 4.5m (15ft) from any outdoor air intake
(includes windows).
o the above distances shall be measured from the side of the entrance or intake
that is closest to the designated smoking area
Effective September 15, 2009 smoking is not permitted on outdoor patios and decks.
However, an exception will permit patrons to smoke on the designated area of the
patio or deck after 10:00 pm. This time was chosen to coincide with restrictions in
the Liquor Control Act for minors present in a licensed area accompanied by an adult.
Therefore, smoking is permitted for patrons from 10:00 pm until the prescribed
closing time set by the PEI Liquor Control Commission.
For more information about the Smoke Free Places Act and Regulations call 1-800-
958-6400 or visit the website of Environmental
Health: [Link]/health/index.php3?number=1020688&lang=E
Alcohol Effects
Learning Objectives:
o How to recognize intoxication and the over-consumption of alcohol
o The effects of alcohol in combination with drugs, particularly cannabis
o What is blood alcohol concentration and a standard drink
o How intoxication from alcohol in conjunction with cannabis is measured
ALCOHOL EFFECTS
For centuries alcohol attracted people. Alcohol helps people relax. It eases social
tensions and changes mood and feelings. Every day, you work you serve people
alcohol, but it is a substance that many people do not understand very well. This
section shows something of what happens when alcohol and people come together.
All contain approximately 0.6 oz of alcohol and will have equal effect on the
body.
By law, no one in PEI can sell or serve alcohol to a person who is intoxicated or
apparently intoxicated. The term "apparently intoxicated" places a great deal of
responsibility on you to judge when a person is approaching intoxication or is already
intoxicated. This includes considering cannabis consumption in conjunction with
alcohol consumption.
Assess guests as they enter your establishment. Are they already showing signs of
intoxication? What factors (like their gender, weight, or age) might affect their
impairment level? Try to determine ahead of time approximately how many drinks to
serve to individual customers before discontinuing service.
The liver is the organ which breaks down or “metabolizes” alcohol. The liver works
slowly and at a constant rate. There are slight differences from one person to the next,
but it takes most people about an hour and twenty minutes to break down a standard
drink.
The short-term effects of alcohol on the body depend on how much alcohol you have
in your bloodstream - the “Blood Alcohol Concentration” or “BAC”. BAC levels will
depend mainly on how much has been drunk and how long the drinking has been
going on.
For example, 125 lbs (57kg) male is drinking beer. If he drinks one bottle in one hour
he might feel quite relaxed. If he drank two bottles in one hour, his judgement and
coordination would be a bit faulty. At this point, he would have a BAC of
approximately 0.05%. One more drink would put him over the legal limit - 0.08%.
Measuring THC
There is no Breathalyzer like instrument for cannabis. The only way of accurately
measuring THC is conducting a blood test. Nevertheless, since commercial
establishments will not be allowed to sell or permit the consumption of cannabis on
their premises, observation will be key. The smell of cannabis is undoubtedly a sign to
vigilantly observe a particular patron’s drinking patterns. It is important to note that
use of edible forms of cannabis may leave no trace of smell.
Sipping one drink over an hour or more, will not suddenly jolt the brain. On the
other hand, gulping drinks will produce rapid intoxicating effects. Slowing the
intake of alcohol allows the body more time to remove alcohol from the
blood. The rising BAC will slow down.
For the same number of drinks, a smaller person reaches a higher BAC than a larger
person.
Remember to judge by the lean body mass. Weight due to excess fat does not
increase the body’s ability to absorb alcohol.
Male or Female*
Women will have a higher BAC than men when drinking equal amounts of
alcohol. While this is not fully understood, one reason may be that women generally
have more fat and less water than men of the same weight.
Food Consumed
High protein, non-salty food in the stomach before drinking will slow the rate at
which alcohol is absorbed into the bloodstream. However, the impact on intoxication
is relatively minor. Eating should replace drinking alcohol to be effective in reducing
BAC.
INDIVIDUAL RESPONSE
Not everyone reacts to the same BAC in the same way. These factors affect an
individual’s response to alcohol.
Mood
The way a person reacts to alcohol in the system changes with mood. Nervous,
depressed, or tired moods may be accentuated by the alcohol.
Other drugs
Many other drugs interact with alcohol to increase the level of impairment. These
include antihistamines for colds, some prescription drugs, cannabis and cocaine. Also
consider changes related to cannabis consumption. A person is more likely to become
intoxicated when consuming alcohol if they have already consumed cannabis. If a
patron comes in or starts smelling like cannabis, you should consider the possibility of
intoxication.
Experience
A person who had more time drinking will be used to the effects of alcohol and have
more control. A younger or less experienced drinker will have less predictable
reactions. BAC, is determined by the amount of alcohol and is not affected by
experience. The BAC is masked as the individuals train themselves to compensate for
the effects of the intoxication, therefore impairment is not as noticeable.
ENERGY DRINKS
o Under no circumstances are bar staff to mix energy drinks with alcohol
o Remind patrons of the warning label
o Increase observation of customers mixing alcohol with energy drinks
TIME FOR THE BODY TO REMOVE THE ALCOHOL IS THE ONLY WAY TO GET
RID OF INTOXICATION
You will be introduced to methods other servers have found useful. Look for ways to
either use them directly yourself or adapt them to your situation. You might want to
discuss some of these points with your supervisor or manager after the program.
Drugs, such as cannabis, and prescription medicines, such as cough syrups, can
increase intoxication levels significantly, making people appear more intoxicated than
they should for the amount of alcohol consumed. Driving after combining alcohol
with other drugs can substantially increase the risk of a motor vehicle accident.
Symptoms
Possible Interaction
Symptoms
Intensified sedation
Loss of consciousness
Possible Interaction
Severe drowsiness
Possible Interaction
Symptoms
Possible Interaction
Symptoms
Intensified euphoria
Possible Interaction
Symptoms
Reduced drowsiness due to caffeine acting as a stimulant (wide awake and drunk)
Possible Interaction
Alcohol and energy drinks
This allows the server to set the pace and tone of the service to avoid trouble.
This allows the server to make note of customers who are depressed, aggressive, out
to get drunk, or who are already showing signs of intoxication
LISTENING
Granted, there are many situations where listening and chatting is impossible. Places
where there is loud music, where many people are talking at once, or where people do
not want to talk are examples.
▪ Posture, gestures.
These clues can tell a server about the condition of their customers. This means
condition in terms of:
▪ How much alcohol they have already had.
So, how do servers know how much they can serve someone before their blood
alcohol level gets too high? On-the-job experience is one way to learn this, but staff
can sort this out much faster using a simple guideline.
Customers that are driving will be over the legal limit if they leave at this level or
higher. Visible intoxication may or may not be evident.
If a patron has been drinking right up to the time that they leave the premises, the peak
BAC may not have been reached. A patron may leave at 0.07, but when the peak
alcohol blood level is reached, the level could be 0.09% or over the legal limit.
It will make sure back-up staff are available if needed. Other staff will know the
situation coming in.
When everyone is working together, someone may notice a development others have
missed or overlooked.
o Usually is clear liquid form or mixed with water but can be in pill or powder
form.
o Is odourless but has a salty taste.
o Causes impaired judgment, loss of self-control, increased sexual desires,
intoxication.
o Causes amnesia, blackouts, vomiting, drowsiness, slowed breathing, slowed
heart rate, muscle spasms, seizure like activity, and coma.
o Has also gained popularity as a “club drug” for it’s euphoric and relaxing
effects – use in this instance is voluntary and recreational.
Ketamine
Rohypnol
o Looks like a white dime sized pill.
o Odourless, colorless, tasteless, dissolves quickly in drinks.
o Within 10 minutes creates a drunk like effect lasting about 8 hours.
o Causes loss of inhibition, impaired motor skills, and impaired judgment.
CLUB DRUGS
The club drugs, ecstasy and methamphetamines, are no less dangerous. While both
ecstasy and methamphetamines can create a sense of euphoria, these drugs have
serious negative side effects. Ecstasy can cause increased blood pressure, blurred
vision, paranoia, depression, memory impairment, sleep disturbances, and
confusion. Methamphetamines can cause dizziness, hallucinations, increased heart
rate and blood pressure, heart attack, stroke, death or can induce violent
behaviour. Mixing any club or date rape drug with other substances, including
alcohol, can cause dangerous interactions.
o Be on the look out for a customer or a group of customers, who are unknown to
you, coming into the bar. Are they moving or looking around a fair bit? Do
they seem to be there to “case the joint” instead of enjoying the venue? Are
they approaching other customers, offering to get them a drink directly from
the bar? Are they buying a drink and then bringing this drink to another
customer without the customer’s consent or knowledge? If you have
suspicions about such a customer or groups of customers, politely speak to that
customer, express your concerns cautiously and continue to keep an eye on
them.
Often this brief encounter will motivate the potential perpetrator to give up or
leave. When doing this, it is important not to interfere with a person’s civil
right to be in the bar.
o Customers wanting more information about these drugs or in need of assistance
are encouraged to contact the PEI Rape & Sexual Crisis Centre
GENERAL INQUIRIES:
Sometimes prevention is not enough to stop someone from putting these drugs into a
customer’s drink. So, while at work, if you observe a customer in your bar
experiencing any of the following symptoms, it is very important to intervene to
protect that person from any potential harm. These symptoms include:
o The customer suddenly appears very intoxicated despite the number of drinks
served
o The customer is also dizzy, disoriented and confused; is experiencing weakness
and staggering, feels simultaneously too hot and too cold and nauseous, is
having difficulty speaking and may even pass out.
If you observe any of these symptoms, (whether they are drug related or not)
here is a list of actions to take:
Safe Workplace
Learning Objectives
o How to demonstrate a professional environment
o Creating and implementing a house policy
o Providing a pleasant service experience
o Publicizing and marketing the RBS program
o How to implement coordinated teamwork
o Identifying and managing problem customers
o Recording incidents and sharing information
o How to intervene and deal with difficult situations
o Monitoring customer behaviour and slowing down service
o Seeking assistance and discontinuing service
o Ensuring that customers arrive home safely
Notes:
Licensees can lose their liquor license and staff can be charged and fined for
selling to underage patrons. However, the penalties for underage persons are
minimal and as a result, they are able to embark upon all manner of deceits and
enterprises to effect entry to your premises without fear of any serious
retribution. Underage persons are subject to penalties. Some are listed further in the
course.
DENYING ENTRY
The Liquor Control Act and Regulations provide you, as Licensee, the right to refuse
entry of any person your premises under the following conditions:
UNDERAGE PERSON
Section 40 (3) Liquor Control Act:
“The holder of a liquor license shall not permit any person under the age of 19 years
to enter, be in, or remain in the licensed premises except as provided by the Act or
Regulations”.
INTOXICATION
Section 39 (2) Liquor Control Act:
“A licensee shall not admit more persons in his licensed premises than the capacity
established and posted by the Fire Marshal’s Office”.
It is recommended that a licensee who experiences difficulty with persons who create
trouble in their premises or refuse to leave when asked should consider taking steps to
bar the individual from the premises.
A licensee should seek legal advice on the appropriate manner for barring persons
from their premises and action to be taken after the person is barred.
It is recommended that licensees contact the police for assistance if persons cause
trouble on the premises or return to the premises after being barred. In such instances,
licensees may wish to consider under the Trespass to Property Act having a Trespass
Order served on the person and have it also cover all licensed establishments.
You may also refuse entry to persons you feel may be CONDUCTING ILLEGAL
ACTIVITIES on your premises, i.e. selling drugs, soliciting for the sale or purchase
of drugs, illegal alcohol, etc.
You may refuse entry if you have an established, written dress code of which the
public is aware. If the patron does not meet this code, then you could
refuse entry.
PENALTIES
PENALTIES FOR THE SALE OF ALCOHOL TO MINORS AND FOR
MINORS ATTEMPTING TO ENTER OR ENTERING PREMISE
The duty charged to licensees and their employees under the Liquor Control Act is not
to sell or provide liquor to minors and not to admit minors to their premises. The
penalties for these offences are:
o The licensee will be subject to license suspension for selling liquor to minors or
allowing minor to enter their premises except as provided by the Act &
Regulations.
o A minor entering premise or falsely claiming to be over the age of 19 years to
obtain alcohol is subject to the following penalties:
A FINE OF NOT LESS THAN $200 NOR MORE THAN $400 ON FIRST
OFFENSE AND ANY SUBSEQUENT OFFENCE OF NOT LESS THAN $400
NOR MORE THAN $700.
The use of fake ID’s are a serious offence and under provisions of the Highway
Traffic Act. The penalties are:
Section 89
a) Display or possession of fictitious, defaced, altered, cancelled or suspended
license $200-$1,000
b) Defacing or altering driver’s license $200-$1,000
c) Lending driver’s license $200-$1,000
d) Person representing as his own driver’s license not issued to him $200-$1,000
e) Failure to surrender suspended or cancelled driver’s license $200-$1,000
f) Giving false name or address in application for driver’s license $200-$1,000
g) Failing to comply with restriction or condition, other than one respecting
ignition interlock, imposed by Registrar on driver’s license of person $200-
$1,000
Section 290
Doing any act forbidden or failing to perform any act required by this Act or the
regulations $100-$500
Section 6.1(2)
a) Presenting false document to obtain photographic identification $200- $1,000
b) Permitting another to use photo identification issued to first person $200-
$1,000
c) Using photo identification for purpose of making false representation $200-
$1,000
d) Defacing or altering photo identification $200- $1,000
e) Possessing defaced or altered photo identification $200- $1,000
In addition, some offences are also subject to the Demerit Point system as follows:
Section 89
a) of the Highway Traffic Act Defacing or altering driver’s license 12 Demerit
Points
b) of the Highway Traffic Act Lending driver’s license 12 Demerit Points
c) of the Highway Traffic Act Person representing another’s driver’s license as
the person’s own 12 Demerit Points
d) of the Highway Traffic Act Giving false information in driver’s license
application or to Registrar 12 Demerit Points
e) of the Highway Traffic Act Failing to comply with restriction or condition,
other than one respecting ignition interlock, imposed by Registrar on driver’s
license of person 3 Demerit Points.
Minors, when attempting to gain entrance to licensed premises, will display certain
characteristics and try ploys to put the staff off guard. Some of these are:
o Minors will generally try to look older.
o Minors will try to dress like your regular clientele to blend in.
o They will be nervous and usually be resorting to joking and horseplay.
o They will travel in groups and arrive at busy periods. The minor will generally
be at the end of the group.
o They will carry other people’s ID’s or the ID of a sibling.
o They will try and use student ID’s.
The important thing to remember is that if you are not satisfied that the person is l9
years of age, or is the person indicated on the ID, then IT IS YOUR
RESPONSIBILITY TO REFUSE ENTRY. It is strongly recommended licensees
use Check 30 – Any person not appearing to be at least 30 years of age; ask for valid
government issued ID with photo.
You do not have the right to seize IDs, only the police and liquor inspectors do.
The following are acceptable forms of photo identification - provided they have not
been altered in any fashion: Do Not Accept Student Cards of Any Type
1) Driver’s License
2) Voluntary ID
3) Passport
6) Military Photo ID
7) Firearms License
9) Nexus Card
o If a licensee suspects an individual has presented false ID, the licensee shall
refuse the individual entry into the premises.
o When presented with suspected false identification, the licensee shall
immediately endeavour to either photocopy the ID or record all relevant
information from the ID, including the name, date of birth, address, as well as
the expiry date and ID number (i.e. license number).
o If, upon challenge, an individual abandons the ID, the licensee shall ensure
that the ID is promptly provided to the Commission or to the Registrar of
Motor Vehicles.
o If an individual demands the return of the ID, the licensee shall return the ID to
the individual, even if the licensee did not have an opportunity to copy the ID
or record its information. A licensee should not detain any individual
suspected of presenting false ID from leaving the premises.
o Any intoxicated patron is a potential source of risk. Make sure you know the
procedure for dealing with such a situation.
o If you feel a customer is approaching intoxication, remember that what is
needed most is TIME. Employ stalling tactics.
o Speak to the customer privately. Allow the person to save face.
o Have someone with you to witness what you say and do.
o Show concern for the patron’s safety. Offer alternatives and safe
transportation.
o Do not allow the person to drive away. Involve management and call the
police if necessary. Check to see if the patron is traveling with
anyone. Strongly suggest to the companion that they accompany the
intoxicated patron home and watch them. Also recommend they do not
consume alcohol for sometime.
SOME POINTS TO CONSIDER
Alert a backup. You may need help at the time, and you may need a witness
later. Establishments may wish to consider installing surveillance cameras and if in
place deal with the patron in view of a camera.
Talk privately and directly to the customer, using their name when you have to refuse
further service.
Express regret, cite a higher authority when cutting off a patron. “I’m sorry, I’ll lose
my job”, or “I’m sorry, it is against the law for me to serve you another drink”.
Get help from a friend of the intoxicated customer. Advice from a friend is often
accepted.
Don’t bargain, or be drawn into an argument with someone whom you are cutting
off. Use closed statements such as, “I am sorry, but there is nothing that I can do”.
Responsibilities for dealing with each part of the problem should be clear and
understood by all the staff. For example:
o Server will handle the situation until they feel it is getting out of control.
o The manager is called and will decide to call the police or not.
o If the patron is allowed to remain, all staff will be alerted and be responsible to
make sure no more alcohol is served.
o Server is responsible for making sure safe transportation is provided.
o An intoxicated patron should only be allowed to stay in exception basis:
waiting for a ride or weather conditions.
You have broken the law by serving alcohol that resulted in the person’s intoxication.
If the intoxicated person is injured, or causes a third party injury, you and your
establishment can be held responsible.
Make sure you have a strategy to minimize damages and manage the intoxicated
person.
Use the house policy for safe transport. Do not allow a patron with signs of
intoxication to drive.
In many instances, it will not be practical, nor legal, to allow the patron to remain on
the premises while they sober up. Your only option is to get your patron home safely.
SOME SUGGESTIONS
o Offer to call a cab. This could mean picking up the cab fare depending on
house policy. Arrange for safe storage of the patron’s car.
o Offer to enlist a friend to drive the intoxicated person home.
o Some operators are providing a limousine service as part of a complete meal
package.
o Some establishments have set up a “safe ride home” fund. Customers deposit
their loose change in a canister at the bar. If need arises, taxi fare is paid out of
the fund. This is most practical in a club or membership situation where all
customers are known to management
o Some operations have organized their own taxi service.
o Promote the use of a “designated driver” program, whereby one member of the
group abstains from drinking alcohol and agrees to drive the others home. The
“designated driver” program is used to augment your responsible service
program. Over-service to patrons because they have a designated driver is still
unacceptable, and against liquor regulations.
Hopefully, the patron will accept one of your suggestions. If the patron still insists on
driving, as a last resort, the manager and finally the police might be called to
intervene. It is important to carry out any suggestions you make.
The likelihood of an accident and resulting law suit involving your customer cannot
be known. Your best defence is to prevent the intoxicated person from driving.
As you can see, drinking and driving is treated very seriously by the legal
system. The consequences of a conviction can affect your entire life. A summary of
the possible results of drinking and driving are as follows:
RIGHT TO EJECT
o The Liquor Control Act and Regulations provide you with the right to eject
patrons from your premises under the following conditions:
o Persons who have been barred and given proper notice.
o Persons who are intoxicated.
o Persons who are engaging in illegal activities on your premises.
o Underage persons.
o Persons who are engaging in activities that are harmful to themselves or others.
You should follow the following procedure when ejecting an individual from
your premises:
Include details such as time, place, date, nature of the incident, description of parties
involved, action taken, witnesses, whether police were called, and any other pertinent
information.
On the Next page you will see a sample Incident Report form.
You can also click to Show Menus and then click on the link to Resources which will
list all of the PDF documents which are included in this training course and then open
as a PDF in a new browser window.
SUPERVISION
After completing this program, you will have new ideas for both business
development and responsible service practices. To carry out those ideas you will need
the cooperation and participation of your staff.
Here are some points to remember as you bring your staff on side and put your plans
to work.
o Talk to a selection of the staff who will be affected by your plans. Learn about
the benefits and problems from the servers point of view. Are there reasons
why they will either support or resist your new procedures? Plan accordingly.
o Don’t expect staff to read your mind. Orient staff thoroughly to new policies
and procedures. In many situations, staff misread the management’s
intentions.
o Have procedures to train new staff regarding your marketing and responsible
service policies.
o Communicate your policies and procedures frequently in day-to-day
interactions with staff and in written notices.
o Make your standards clear. For example, the word intoxication is quite
vague. At what point do you separate acceptable service from over
service? Do your staff understand this?
o Be prepared to support staff who are trying to carry out your policies. Staff
often expect to lose if a customer complains, and if they see that management
backs down in face of customer pressure, your policy will be undermined.
It is important to:
Even if you are not able to carry out the policy yourself, you can create draft
statements to discuss with colleagues and superiors.
The following pages provide samples of the topics and formats your policies and
plans might include. Use them as a starting point. Firm up your own statements
about how you will respond to the challenge of successful business with responsible
service.
To make the course a real benefit to your establishment keep the process
moving:
o Continue to creatively evolve your business plans. Take advantage of the new
trends and optimize profits in ways that are consistent with responsible service.
o Take the policy ideas you considered in the training program and develop them
fully. Involve senior staff in the process and consider getting overall staff input.
o Try new approaches in both marketing and service. Look for solutions that will
work for you.
o Make sure your staff understand your new goals and methods. Orient all new
staff to your system.
o Take these ideas all the way to full implementation in the program specifically
tailored to your operation.
o For more information, contact the Prince Edward Island Liquor Control
Commission’s website: [Link]
We hope the program has been beneficial. Remember to pass along any ideas you
have for making it better. Your suggestions are both welcome and appreciated!
Thank you
NOTE!
When you click Next you will see a video. Some of the video content has been
used for the questions on the Final Exam.
Servers are legally responsible to ensure that patrons are not served alcohol to the point of intoxication and can be held liable for harm resulting from the service of alcohol to an intoxicated person, both on and off the premises. The principle of provider's liability, reinforced by cases like Jordan House Hotel Ltd. v. Menow and Honsberger (1973), establishes a duty of care for establishments to prevent harm to intoxicated individuals and others. Moreover, provincial laws and Liquor Control Acts specify that servers have the right to deny entry or service to intoxicated individuals. This legal framework requires servers to actively monitor patrons' levels of intoxication and take steps such as refusing service or ensuring safe transportation if necessary .
The combination of alcohol and cannabis significantly increases the level of intoxication compared to either substance alone, due to the additive effects on the central nervous system. This heightened intoxication poses greater risks for motor vehicle accidents and erratic behavior in licensed establishments. As a result, establishments must be vigilant in recognizing and managing cases where patrons may have consumed both substances. This responsibility has been emphasized by legal changes following the legalization of cannabis, which placed greater scrutiny on establishments to prevent over-intoxication and ensure safety .
The licensing system and regulatory framework ensure accountability and safety by imposing specific requirements and restrictions on the sale and service of alcohol. Licensees must comply with regulations that cover areas such as employee training, advertising restrictions, and safety measures, including fire capacity limits and prohibitions on permitting disorderly conduct. The framework mandates that alcohol is sourced through approved channels, monitored for quality, and that licensed venues enforce age restrictions and deny service to intoxicated individuals. This comprehensive oversight is designed to minimize risks and promote responsible practices across establishments .
Failure to adhere to liquor control regulations can lead to several consequences for a licensed establishment, including fines, suspension or revocation of licenses, and potential legal liability for incidents that occur due to non-compliance. Non-compliance can also damage the establishment's reputation and result in increased scrutiny from authorities, higher insurance costs, and potential loss of patronage. Adhering to regulations, such as ensuring alcohol is not served to minors and managing the premises according to the stipulated capacity and safety protocols, is critical to avoiding such risks .
Stricter regulations on mixing energy drinks with alcohol in licensed establishments could mitigate health risks associated with this practice, such as masking the effects of intoxication and increasing the risk of over-consumption. By enforcing these regulations, establishments would reduce incidents of impaired judgment and potential accidents. Such measures also enhance public safety perceptions, aligning with wider efforts to foster responsible drinking. However, they may also impact the profitability of businesses catering to younger demographics drawn to such high-energy concoctions, necessitating alternative beverage offerings to offset potential revenue impacts .
Individual factors like gender and drinking experience significantly influence BAC and intoxication levels. Due to physiological differences, women generally have higher BAC than men when consuming equal amounts of alcohol, potentially due to lower water content and higher body fat percentage. Experience also affects intoxication levels; seasoned drinkers often compensate behaviorally for higher BAC, making their level of impairment less noticeable. Such individual variations require servers to tailor their service approach, attentively monitoring each patron's alcohol intake and response during service .
To balance the cultural shift towards health-consciousness with their business model, licensed premises could adapt by placing greater emphasis on offering a diverse range of non-alcoholic beverages and promoting responsible drinking practices. Establishments might explore creating atmospheres that cater to enjoyment beyond alcohol consumption, like hosting social events without heavy alcohol emphasis or offering activities and environments that are not solely alcohol-centric. Marketing strategies can highlight these offerings to attract a broader clientele, aligning business interests with the rising demand for healthier lifestyle choices .
Servers can prevent over-service by assessing customer condition regularly, implementing a team approach to monitor patron intake, and promoting low or non-alcoholic beverage alternatives. They should observe customer behavior for signs of intoxication such as changes in conversation volume, body language, and expressions. Communication with the customer to gather information and active management of service based on customer mood and prior alcohol consumption also help in adjusting service appropriately. Effective prevention of over-service balances responsible hospitality with customer satisfaction .
Servers can effectively use non-verbal cues such as observing a patron's posture, gestures, and facial expressions to assess intoxication levels. For example, slurred speech, unsteady movements, and loud or erratic conversation can indicate varying levels of inebriation. By engaging with the patron through small talk and asking clarifying questions, servers can better understand a patron's previous alcohol consumption. These techniques help gather crucial information, enabling servers to make informed decisions about continuing service or implementing measures to reduce further alcohol intake .
Alcohol licensing requirements differ for commercial and non-profit events to ensure the responsible and legally compliant service of alcohol based on the nature and purpose of the event. For non-profit events, a specific Class II permit is required, which allows the sale of alcohol only in venues operated by public authorities or with Commission approval, such as schools or churches. This reflects a stricter control environment due to the non-commercial nature of these activities. On the other hand, commercial events have standard licensing requirements focused on revenue generation and must comply with commercial standards as detailed in local liquor laws and regulations .