The holiday season, a time of cheer and celebration, often involves increased visits to bars and taverns across Ontario. While this period brings festive opportunities, it also presents unique legal challenges for establishments. Specifically, with an increased number of patrons, your duty of care may increase in importance too. Understanding the intricate web of liability laws governing alcohol service is crucial for ensuring the safety of patrons and mitigating potential legal risks.
The Liquor License Act of Ontario
The cornerstone of alcohol regulation in Ontario, the Liquor License Act, outlines the duties and responsibilities of licensees, including bar and tavern owners. A key component of this legislation is the concept of commercial host liability, which imposes a duty of care on establishments to prevent intoxication and minimize the risk of harm to patrons and the public.
Duty of Care is a Balancing Act
The duty of care owed by bar and tavern owners is multifaceted. It encompasses:
Responsible Service
Licensees must ensure that alcohol is served responsibly, avoiding over-service to intoxicated individuals. This involves training staff to recognize signs of intoxication and implementing strategies to limit alcohol consumption. Pacing drinks, diluting drinks with non-alcoholic mixers, offering non-alcoholic alternatives, and promoting designated driver programs are all effective strategies for preventing over-service and reducing the risk of alcohol-related incidents. By taking these proactive measures, establishments can help to create a safer environment for everyone.
Prevention of Intoxication
Business owners should take proactive measures to prevent patrons from becoming excessively intoxicated. This can be achieved through a combination of strategies, including limiting the number of drinks served to an individual, refusing service to visibly impaired patrons, cutting off service to those who have consumed too much, and offering non-alcoholic alternatives. Additionally, staff should be trained to recognize the signs of intoxication and to intervene if a patron appears to be impaired. By taking these proactive measures, establishments can help to prevent over-service and reduce the risk of alcohol-related incidents.
Minimizing Risk of Harm
Establishments have a duty to take reasonable steps to minimize the risk of harm to patrons and the public. This may involve providing safe transportation options, such as partnering with taxi services or ride-sharing companies, or ensuring that intoxicated patrons are escorted to a safe location. Additionally, establishments can implement policies and procedures to monitor and control the behaviour of intoxicated patrons, such as limiting their access to certain areas of the establishment or assigning staff to monitor their behaviour. By taking these proactive measures, establishments can help to create a safer environment for everyone.
Heightened Risk for the Holidays
The holiday season, with its increased social gatherings and festive atmosphere, can lead to elevated levels of alcohol consumption. To mitigate risks and fulfill duty of care obligations during this period, bar and tavern owners should implement additional precautions:
Enhanced Staff Training
Conduct specialized training sessions to equip staff with the skills to recognize signs of intoxication and intervene appropriately. This may include training on how to assess a patron’s level of intoxication, how to intervene safely and effectively, and how to de-escalate potentially volatile situations. Additionally, staff should be trained on the establishment’s policies and procedures for handling intoxicated patrons, including cutting off service, refusing service, and escorting patrons to a safe location.
Stricter Monitoring
Increase surveillance of patrons to identify those who may be at risk of overconsumption. Assign staff to monitor the bar area, observe patron behaviour, and intervene when necessary. This may involve limiting the number of drinks served to an individual, diluting drinks with non-alcoholic mixers, or offering non-alcoholic alternatives. Additionally, staff should be trained to recognize the signs of intoxication and to intervene if a patron appears to be impaired. By taking these proactive measures, establishments can help to prevent over-service and reduce the risk of alcohol-related incidents.
Limited Drink Specials
Avoid offering excessive drink specials or promotions that encourage excessive consumption. Instead, focus on creating a festive atmosphere through other means, such as live music, themed decorations, or special food menus. This can help to attract customers without relying on alcohol-fueled promotions.
Designated Driver Programs
Promote designated driver programs and offer incentives to encourage responsible choices. Establishments can offer a variety of incentives to encourage patrons to choose a designated driver. For example, they could offer free non-alcoholic drinks, discounted food, or even free transportation vouchers. Additionally, establishments can partner with local taxi and ride-sharing services to provide discounted rides for patrons.
Partnership with Local Authorities
Collaborate with local law enforcement and emergency services to ensure a coordinated response to incidents involving intoxicated patrons. This can involve sharing information about potentially problematic patrons, coordinating security efforts, and developing joint response plans for incidents involving alcohol-related violence or disorder. By working together, law enforcement, emergency services, and bar and tavern owners can create a safer environment for everyone.
Liability for Third-Party Injuries
A significant area of concern for bar and tavern owners is liability for injuries caused by intoxicated patrons. Specifically, section 39 of the Liquor License Act states:
“If the person to or for whom the liquor is sold causes injury or damage to another person or the property of another person while so intoxicated the other person is entitled to recover an amount as compensation for the injury or damage from the person who or whose employee or agent sold the liquor.”
If an intoxicated patron leaves an establishment and causes harm to a third party, the establishment may be held liable. This is particularly concerning if it can be proven the establishment knew or should have known about the patron’s intoxication.
To mitigate this risk, establishments should implement robust policies and procedures to prevent intoxicated patrons from leaving the premises.
Mitigating Risk of Liability Could Look Like:
- Refusing Service: Denying service to visibly intoxicated individuals. Refusing service to a visibly intoxicated patron is a clear and effective way to prevent over-service and potential harm. It demonstrates a commitment to responsible alcohol service and helps to protect the safety of the patron and the public.
- Cutting Off Service: Interrupting service to patrons who have consumed too much alcohol. This may involve refusing to serve additional drinks, diluting drinks with non-alcoholic mixers, or offering non-alcoholic alternatives.
- Monitoring Exit: Actively monitoring the exit to prevent intoxicated patrons from leaving. This can be done by assigning staff to monitor the exit area, using security cameras, or installing physical barriers to slow down patrons and discourage them from leaving.
- Encouraging Designated Drivers: Promoting the use of designated drivers or ride-sharing services is essential. Establishments can offer incentives, such as free non-alcoholic drinks or discounted food, to encourage patrons to choose a designated driver. They can also partner with local taxi and ride-sharing services to provide discounted rides for patrons.
Create Festive Memories and Avoid Risk
The holiday season presents both opportunities and challenges for bar and tavern owners in Ontario. By understanding the legal obligations imposed by the Liquor License Act and implementing effective strategies to prevent over-service and intoxication, establishments can mitigate liability risks and create a safe and enjoyable environment for their patrons.
Contact the Personal Injury Lawyers at Campbell Litigation for Advice on Premise Liability Claims
The experienced personal injury lawyers at Campbell Litigation in Waterloo have the resources and knowledge to help you navigate the complexities of commercial host liability. We’ll thoroughly evaluate your case, determine the responsible parties, and vigorously advocate for your rights, whether through settlement discussions, mediation, arbitration, or court proceedings. To arrange a free initial consultation to discuss your injury and potential claim, call us at 519-886-1204 or contact us online.
