A standard drink is a measure to estimate alcohol consumption.
Beer: 12 ounces (341 mL) with 5% alcohol.
Wine: 5 ounces (142 mL) with 12% alcohol.
Spirits: 1.5 ounces (43 mL) with 40% alcohol.
Each standard drink contains 0.6 ounces (17 mL) of pure alcohol, having the same effect on the body.
Formula: 60 ÷ \text{Alcohol Percentage} = \text{Amount (in ounces)}
Example: A drink with 40% alcohol requires 1.5 ounces to be a standard drink: 60 ÷ 40 = 1.5
Intoxication impairs thinking, acting, and movement due to alcohol, cannabis, or other drugs.
Changes in appearance, movements, and vital signs:
Breathing: Slower/shallower.
Sweating: Excessive; smell of alcohol or cannabis.
Face: Flushed/red.
Eyes: Red/glassy/expressionless; dilated pupils.
Energy: Tired, sleepy, passing out.
Hand-eye coordination: Unable to pick up change, spilling drinks, fumbling with phone.
Motor control and balance: Unable to sit straight, swaying, stumbling, holding onto things, falling, difficulty walking.
Loss of self-control, inhibitions, memory, and decision-making ability:
Speech: Louder, slurred, foul language, too slow/fast.
Memory: Leaving drinks, forgetting location/names, repeating stories.
Alertness: Slower responses, losing train of thought, lacking concentration.
Changes in interactions with others:
Interactions: Overly friendly, argumentative, aggressive, making sexual advances, annoying others.
Self-control: Drinking faster, animated, talking to strangers, complaining about prices.
Decision-making: Careless with money, ordering doubles, wanting to drive while intoxicated, unable to do simple calculations.
Unable to do simple calculations (for example, paying the bill)
Counting drinks is not a reliable way to judge intoxication.
Use a "red, yellow, and green" system to determine if service is safe.
Stop.
Multiple signs of intoxication.
Do not serve alcohol.
Responsible for the customer's safety until sober.
Caution/slow down.
Beginning to show signs of intoxication.
Go.
No signs of intoxication.
BAC level of 0.05 or less.
Can be served alcohol.
Body Size, Body Fat, Fitness, Age, Food, Carbonated Drinks, and Medication/Drugs.
Blood Alcohol Concentration (BAC) is the amount of alcohol in the bloodstream.
BAC is affected by the number of drinks and how quickly they are consumed.
More drinks in a shorter time = higher BAC.
The body eliminates approximately one standard drink per hour.
BAC continues to rise after drinking stops.
Elimination rate of alcohol from the body: 0.015 mg/100 ml/hr (may vary between 0.01 and 0.025 mg per 100ml/hr).
Guideline to estimate BAC levels based on standard drinks consumed over time, considering body weight.
Chart assumes an elimination rate of alcohol from the body of 0.015 mg/100 ml/hr. Rates may vary between 0.01 and 0.025 mg per 100ml/hr.
Guideline to estimate BAC levels based on standard drinks consumed over time, considering body weight.
Chart assumes an elimination rate of alcohol from the body of 0.015 mg/100 ml/hr. Rates may vary between 0.01 and 0.025 mg per 100ml/hr.
Smaller person = higher BAC (alcohol concentrates in smaller body mass).
Higher body fat = higher BAC (alcohol not absorbed into fatty tissue).
Muscular people have more body water = lower BAC (alcohol distributes in water, not fat).
Example: A more muscular 175-pound (79.4 kg) male will have a lower BAC than an unfit 175-pound (79.4 kg) male.
Older people metabolize alcohol slower = higher BAC.
Females have more fatty tissue and less body water = higher BAC.
If a female and male weigh the same, and consume the same number of Standard Drinks in the same amount of time, the female will likely have a higher BAC.
High-fat and protein foods slow alcohol absorption.
Alcohol-free drinks slow the rate of alcohol consumption.
Can cause thirst, leading to increased drinking.
Legal/illegal drugs, cannabis, prescription drugs, and over-the-counter medications can increase alcohol effects.
Stimulants mask alcohol effects.
Health Canada requires energy drink labels to state "do not mix with alcohol."
Increase alcohol absorption rate.
Carbonation builds pressure, forcing alcohol into the stomach lining.
All licensees selling, serving, or delivering alcohol in Ontario are subject of the act and its regulations.
Monday to Sunday: 9:00 am to 2:00 am.
New Year's Eve (December 31st): 9:00 am to 3:00 am.
Sale and delivery of liquor with food: Monday to Sunday: 9:00 am to 11:00 pm.
No minimum drink purchase required for entry/stay.
All alcohol orders must be served before stop-service time.
All alcohol and containers must be cleared within 45 minutes of stop-service time.
Only sell/serve alcohol purchased on licence from LCBO, The Beer Store, and/or manufacturer's retail stores.
Do not substitute alcohol types without consent.
Do not water down or alter drinks without permission.
Only sell/serve to customers 19+.
Ensure staff selling/serving alcohol are 18+.
Monitor alcohol consumption.
Never serve to the point of intoxication.
Never allow intoxicated individuals to enter or remain.
Licensees can apply the Liquor Sales Licence to the whole premises (ancillary areas).
Customers can move around with alcoholic beverages in approved areas.
Displayed on Liquor Sales Licence.
Total number of customers and employees allowed.
Separate areas may have individual limits.
AGCO Inspectors, law enforcement, firefighters, and government inspectors must be allowed entry, even when at maximum capacity.
Sign warning about drinking alcohol during pregnancy (FASD) must be displayed.
Serve drinks in self-supporting, flat-bottomed containers.
Offer light meals during alcohol service (recommended).
Allow licensed establishments to sell and serve alcohol under specific circumstances.
Each type is subject to specific regulations and standards.
Sell/serve beer manufactured on-premises for consumption on-premises.
No take-out allowed.
Sell/serve wine manufactured on-premises for consumption on-premises.
No take-out allowed (unless with food).
Sell/serve alcohol off-licensed premises.
Event must be sponsored by someone other than the licence holder.
Only licensee employees can sell/serve.
Unserved alcohol must return to the caterer's licensed premises.
Sell/serve alcohol to registered guests in overnight rooms.
Sell alcohol from mini-bar in overnight rooms.
Mini-bar must also include non-alcoholic beverages.
Sell/serve alcohol on the playing area of a golf course.
Alcohol may be sold and served from a mobile vending cart.
No alcohol outside of licensed areas (parking lots, public walkways, or roadways).
Customers can have open alcohol in a golf cart, they cannot hold or drink the alcohol while driving the cart.
Customers can bring commercially made wine for on-premises consumption.
Bottle must be sealed and unopened upon entry and opened by an employee.
Unopened or unfinished wine can be taken home if securely closed by the licensee.
A type of public event for which you can obtain a Special Occasion Permit (SOP) called a Tailgate Event Permit.
Outdoor social gathering where attendees bring their own food, beverages (including alcohol), and vehicles.
The tailgate event must be held in connection with, and in proximity to, one of the following types of live sporting events:
Professional
Semi-professional
Post-secondary
Held at an outdoor space, at ground level (e.g. parking lot). Be in proximity to where the live sporting event is taking place.
Attendees 19+ can BYOB for consumption within the permitted area.
Only the Permit Holder may sell alcohol purchased under the permit.
Attendees can bring and consume homemade alcohol or alcohol made at a brew or ferment on premise facility, but the Permit Holder cannot sell or serve this type of alcohol.
Permit Holders (or a designated Responsible Person) are responsible for the safety of all individuals attending the event. It is their responsibility to not allow intoxication, regardless of whether alcohol is sold or served by the Permit Holder or is brought by the attendee.
Responsible Person must be 19+.
Hours: 9:00 a.m. and 2:00 a.m. the following day, except for New Year's Eve (December 31) when sale, service, and consumption must cease by 3:00 a.m. on January 1.
Attendees cannot leave with unsealed or opened alcohol.
Alcohol must be sealed and unopened, or packed in baggage if departing in a motorized vehicle.
Attendees leaving by foot must transport unfinished alcohol in a closed container.
Required for serving alcohol at events in locations other than licensed establishments, private places, or residences, except when alcohol is sold at a private place.
Private: Invited guests only (e.g., weddings, birthday parties).
Public: Open to the public; fundraising/profit allowed (e.g., charity events, festivals).
Industry Promotional: Promote a manufacturer's product through sampling; no profit from alcohol sales.
"No Sale Permit":
Event held outside private place or residence.
Alcohol served free of charge.
"Sale Permit":
Alcohol sold (cash bar or tickets).
Admission charged.
Cannot be advertised (including social media).
Only invited guests.
No profit from alcohol sales.
Cannot be used for personal gain or to help a business.
No drinking contests/games leading to excessive drinking.
Permit holder (or designate) must be present at all times.
Sell/serve alcohol only to guests 19+.
Staff selling/serving alcohol must be 18+ (Smart Serve recommended).
Alcohol must be purchased from LCBO, The Beer Store, and/or manufacturers' retail stores.
Homemade wine/beer can be served at private events if not sold.
Food should be available (recommended).
Amendment to LLCA only applying to wine.
Allows customers to take home a resealed, partially-consumed bottle of wine.
1.The customer must not be intoxicated.
The wine must have been opened and partially consumed.
The wine must be commercially made and bought at the establishment or
brought in by the customer under the Bring Your Own Wine (BYOW)
endorsement.
The wine bottle must be securely resealed by an employee of the
establishment.
Wine from another bottle must not be
combined into the bottle that will be
resealed.
A customer must not be allowed to
take home an unopened bottle of wine
purchased from the licensed establishment unless food is ordered
for take out with it.
Subject to LLCA rules, regulations, and standards.
Licensee ensures proper in-store conditions.
Sell alcohol only to customers 19+.
Ensure all staff selling alcohol are 18+ and Smart Serve certified.
Never sell alcohol to intoxicated individuals.
Never sell to second-party purchasers (buying for underage or intoxicated persons).
Display Sandy's Law poster about FASD.
Provide full access to police and AGCO inspectors.
Can sell beer, cider, and wine.
Hours: 7:00 am to 11:00 pm, Monday to Sunday.
Stores can further limit alcohol sales hours.
Eligible products (wine, beer, or cider) can be sold.
Hours: 9:00 am to 11:00 pm, Monday to Sunday.
Manufacturers can sell 100% Ontario wine or cider made from 100% Ontario apples.
Spirits may also be sold at a farmers' market if at least 50% of the volume in the container is made, from start to finish, at a production site in Ontario.
Beer is eligible to be sold at a farmers' market only if the full brewing process takes place at a production site in Ontario.
Licensed stores must ensure alcohol is not available outside permissible hours.
Methods:
Locking refrigerators.
Creating partitions around alcohol aisles.
Locking point-of-sale system.
Ensuring employee understanding of store policies.
Display beer and cider together; wine can be separate.
A proportion of beer, wine, or cider must be from small breweries, cideries, and wineries.
Alcohol not on display must be in a secure, inaccessible area.
No exchanges for other alcohol products outside legal hours.
Refunds are allowed at any time.
Licensed stores allowing self-checkout for alcohol must:
Ensure staff monitoring are 18+ and Smart Serve certified.
Ensure staff can effectively determine age and assess intoxication.
Ensure staff know the store policy on refusing sales (intoxicated, underage, or second-party purchasers).
Licensed stores may offer sampling.
Staff must be 18+ and Smart Serve certified.
Licensee ensures proper conditions.
Never provide samples to underage or intoxicated individuals.
Never allow customers to remove samples from the sampling area.
Samples only in an area adjacent to the alcohol display.
Grocery stores: samples must be consumed in the area where the sample was provided.
Manufacturer's On-site retail stores: customers may carry a sample and consume it anywhere within the store shopping area.
Schedule sampling only during permissible alcohol sales hours.
Only provide samples of products the store is licensed to sell.
Never sell samples at a profit; only to recover costs.
Ensure marketing adheres to AGCO advertising guidelines.
Subject to LLCA rules, regulations, and standards.
Licensees ensure compliance before, during, and after delivery.
Alcohol must be delivered only to a private place or residence and must be delivered to, and accepted by, an individual who is 19 years or older.
The person delivering alcohol must be at least 18 years of age and Smart Serve certified.
Never deliver alcohol to a person who is intoxicated. Know how to recognize signs of intoxication for alcohol, cannabis, other substances, or a combination of all.
Never deliver alcohol to a second-party purchaser. A second-party purchaser is someone over the age of 19 who attempts to buy alcohol on behalf of another individual who is either intoxicated or under the age of 19.
Liquor sales licensees must make sure liquor is delivered in a securely sealed container.
Licensees must always keep records of liquor deliveries and these records must be made available to the AGCO if requested.
All liquor must be purchased from the LCBO, an LCBO Agency Store, The Beer Store, a licensed grocery store, a manufacturer's retail store, or an eligible liquor sales licensee.
Liquor may be sold for delivery from a liquor sales licensee using a licensed liquor delivery service (such as a food delivery service or ordering platform), as long as the liquor delivery service licensee is acting under an arrangement with the liquor sales licensee.
Eligible liquor sales licensees are allowed to sell liquor for takeout or delivery along with food.
There is no limit on the amount of liquor that may be sold for takeout or delivery but it must be purchased together with food.
The permitted hours for the sale and delivery of liquor are from 9 a.m. to 11 p.m.
Licensees must ensure that any staff involved in the sale or delivery of liquor have successfully completed Smart Serve training.
A mnemonic to remember key steps in retail alcohol sales.
Never sell alcohol to someone who is or appears intoxicated.
Government-issued ID with photo and date of birth.
Ensure I.D. is valid and has not been tampered with.
Monitor what's going on around you.
Look for signs that would indicate a customer should not be sold alcohol or provided with alcohol samples
Prevent customers from purchasing alcohol if they are underage or intoxicated.
Be aware of customers who may be purchasing alcohol for a minor, or for any customer whose sale was already refused.
Let your manager and co-workers know if you have refused a sale to a customer.
This helps them be on the lookout in case that customer attempts to purchase alcohol from another cashier after being refused the sale.
Evaluate the best way to respond to a situation.
Inform your manager, co-workers, and the police as required.
Arises when alcohol negatively impacts a person's thoughts, actions, and movements.
Differing from criminal liability, civil liability involves being sued for damages.
Negligence may result in responsibility for property damage or personal injury.
Includes lawsuits from third parties injured by an intoxicated guest.
Prohibits selling, serving, or delivering alcohol to intoxicated persons.
Requires ensuring guests are not in danger due to intoxication.
By a court ruling of negligence, or failure to provide "Duty of Care": Servers have a duty of care to their guests to keep them safe from harm.
Servers cannot encourage drunkenness or serve drinks to guests who
are intoxicated. They must also take steps to prevent an intoxicated
guest from driving.
Additionally, as a cashier, you cannot sell alcohol to a customer who is
intoxicated.
Under the Occupier's Liability Act (OLA): The OLA deals with injuries caused by the condition of the premises or the activities that take place on the premises.
In other words, the occupier (licence holder) needs to
ensure that the premises are reasonably safe for guests. The occupier
must also ensure that the conduct of both staff and guests does not
result in injury.
Vicarious Liability: Employers can be held responsible for the negligent conduct of their employees.
Employees also remain personally liable for their actions.
The Liquor Licence and Control Act, 2019 (LLCA) is the law, regulations and standards that are designed to protect you and your establishment from harm. These include the obligation to deny entry or remove guests.
The licence holder shall ensure that reasonable measures are in place and reasonable efforts are made to deter disorderly conduct on the premises.
A licensee has the obligation to deny entry for the following reasons.
Deny entry to anyone who is exhibiting signs of intoxication.
The LLCA does not specifically prevent underage customers from entering a licensed establishment. The terms and conditions of a licence could prohibit minors, as could a licensee's house policies.
The LLCA states that "The licence holder shall not permit intoxication, unlawful gambling or disorderly conduct to occur on the premises… under the exclusive control of the licence holder."
A person who has been asked to leave or was removed, but returns the same day, must be denied entry.
A person who has been barred from the establishment must be denied entry.
Every licensed establishment has a maximum capacity that it must not exceed.
It is the responsibility of the licensee to ensure that the total number of customers and employees does not exceed the establishment's licensed maximum capacity.
Entry cannot be denied to on-duty: AGCO Inspectors, Police Officers, Firefighters, Government Inspectors (i.e., building code inspectors, health inspectors).
The Liquor Licence and Control Act, 2019 (LLCA) is the law, regulations and standards that are designed to protect you and your establishment from harm. These include the obligation to deny entry or remove customers.
Customers who become violent, aggressive or out of control are not allowed on the premises. Under the LLCA, you have the obligation to remove an individual from the licensed establishment if you reasonably believe that the person falls into one of two categories:
Persons Not Permitted By Law to Be On The Premises
intoxicated individuals
previously asked to leave, but returns the same day
previously barred
under 19 years of age when a condition of the licence states no entry to minors
not permitted to be in the establishment at any time according to a condition on the licence
Persons On The Premises For Unlawful Reason(S) Or Breaking The Law On The Premises
rowdy or disorderly
quarrelsome or riotous behaviour, or intent on causing a fight
selling or using illegal products
gambling illegally
soliciting for prostitution
Use no more force than is necessary
If a customer does not leave as requested, he or she can be removed with "no more force than is necessary."
This means force can only be used to remove an individual, not to cause harm.
All force must stop once an individual has been removed, otherwise, you could be held responsible for a forseeable injury suffered by the customer or others.
An establishment has a duty of care to protect an intoxicated customer from injuring themselves or others.
An establishment cannot permit intoxication on the premises.
Once a customer has been identified as intoxicated, they should be monitored until arrangements can be made to get the customer home safely.
You are responsible for the customer until they are sober again.
Ensure you are aware of your establishment's house policy on the correct procedure when removing a guest.
Key legal case illustrating liability related to serving alcohol.
Sundance Resort held a dangerous tubing competition.
Crocker drank before and at the resort, entered the competition, and signed a waiver without reading it.
Visibly drunk, he was injured in the first heat but was not stopped from competing in the second heat, where he sustained a severe neck injury.
Whether the Resort had a positive duty at law to take certain steps to prevent a visibly intoxicated person from competing in the Resort's dangerous tubing competition.
The court found the Resort liable for organizing a dangerous event and providing Crocker with alcohol while knowing he had been drinking.
The resort should have disqualified Crocker but only suggested he not race.
The court rejected the defense of voluntary assumption of risk because Crocker was incapable of understanding the risks and the waiver was not properly presented.
The Sundance Resort was held liable for 75% of Crocker's damages, with Crocker 25% liable.
Key legal case illustrating liability related to serving alcohol.
Andrew Grigg visited a University pub after visiting other bars.
After consuming drinks at the pub, he drove and severely injured Andrea McIntyre.
Whether the University Pub could be held liable for Grigg's actions, claiming he did not appear intoxicated.
The jury found the pub liable for increasing Grigg's intoxication and serving him to the point of intoxication.
The pub showed poor enforcement of Smart Serve protocols.
The Court of Appeal upheld the decision, emphasizing the commercial vendor's obligation to monitor patrons' alcohol consumption and prevent intoxicated patrons from driving.
The pub cannot avoid liability by structuring the environment so it's impossible to know if intervention is necessary.
Grigg's BAC levels two hours after the accident were .178 and .174, and expert testimony suggested he consumed up to 18 drinks at the pub.
A tavern's standards are too low if drinks are only refused if a patron exhibits signs of impairment such as being too loud, starting arguments, knocking over drinks, falling down, creating problems for the staff, or upsetting other patrons.
Taverns have a duty also to take affirmative action to prevent intoxicated patrons from driving.
In circumstances where it is reasonable to expect that a patron has come by car, there is a heavier duty on tavern staff to keep an eye on the patron when they depart to check to see if the patron is driving and to arrange safe transportation, if necessary.
The original division of liability was upheld, with the pub 30% liable and Grigg 70% liable.
A mnemonic to remember key steps in handling customers at different stages.
S - Check for Signs of intoxication
I - Ensure I.D. is valid
M - Monitor alcohol consumption
P - Prevent over-service
Determine LEVEL of intoxication
Evaluate risk before departure
Strategies to pace alcohol consumption of customers.
Count the number of drinks you serve
Know how much you can safely serve and how many drinks you
have already served the customer. You can check their tab or, if,
they are paying for drinks as they order them, carry a small pad of
paper and note each drink served. You could also make note of
the time they started consuming alcohol.
Serve one drink at a time
Avoid serving a customer multiple drinks at a time. Do not encourage
customers to reorder while they still have a partially filled drink on
the table.
Slow the rate of service
Be less available for service by passing the table less frequently. Don't
ignore your customer, but don't rush to serve them alcohol.
Manage the buying of rounds
When a customer orders a round for the table, acknowledge the
order, then politely ask each person if they would like to have the
drink ordered for them. Some may turn down the offer.
Serve a glass of water
Serve a glass of water and refill water glasses often.
Offer Food
Food helps slow the rate at which alcohol is absorbed. Some foods do
this better than others. Eating foods that are high in fat and protein,
before or while drinking, will keep alcohol in the stomach longer and
slow down absorption. Avoid salty foods such as chips, pretzels, or
peanuts as these can make customers thirsty and increase the
amount of alcohol they drink.
Offer alcohol-free beverages
Providing alternatives like soft drinks, mocktails, coffee or juice
will allow time for the customer's body to process some of the
alcohol consumed. Use different glasses to identify alcohol-free
drinks from alcoholic drinks. This is especially important when
minors are permitted on the premises and are being served alcohol-
free beverages.
Communicate
Let your manager and co-workers know when you begin to slow
down service to a customer. Be sure to do this before you go on
break, when your shift ends, or when you change sections. This
will prevent the customer from undermining your decision by trying
to get served by other staff members.
Strategies to refuse service to intoxicated customers.
Alert a backup person
A back-up person should be ready to provide help in case a customer becomes
hostile or violent. Your manager is a good example of a back-up person and can also
be a valuable witness.
Seek privacy
Be discreet. You can minimize confrontations by speaking to the
customer in private to avoid embarrassing them. If necessary,
inform a sober individual in the same party that you have
stopped service, as the customer may be willing to accept this
decision from a friend.
Watch your body language
Crossed arms, frowns, pursed lips, or standing 'toe-to-toe' with a customer suggests
an aggressive approach that could encourage hostility. Always maintain an open but firm
manner and posture when talking to a customer.
Avoid being judgemental
Statements such as 'I think you've had enough to drink' or 'You're drunk' are likely to offend the
customer and make them hostile. Instead, take a calm and firm approach. Let the customer
know that you cannot, by law, serve them any more alcohol. Statements such as 'I'm sorry but
I could get in a lot of trouble if I serve you
another drink' can take the focus off the
customer, and help minimize the risk of
confrontation.
Show Concern and Empathy
Statements like "We want to make sure you get home safely" will show customers that
you are concerned about them. Maintaining eye contact or nodding your head will let customers know you are listening to
them.
Be Firm
Be calm, firm, and keep it simple. Do not get
into lengthy explanations, bargaining, or
defending your decision.
If the customer tries
to talk you out of your decision, stand firm and
repeat your decision.
Communicate Your Decision
Let your co-workers know that you have
stopped service to a customer. This will
prevent the customer from getting drinks
from another server.
Stay on Guard
If you have stopped service to one
customer at a table,