A patron consumes several drinks, appearing visibly intoxicated. A server refuses further service. The patron then insists on driving home, stating they are 'fine.' What is the server's and licensee's primary legal obligation and most effective course of action in this situation, beyond refusing service?

Question: A patron consumes several drinks, appearing visibly intoxicated. A server refuses further service. The patron then insists on driving home, stating they are 'fine.' What is the server's and licensee's primary legal obligation and most effective course of action in this situation, beyond refusing service?

Answer options:

• Advise the patron not to drive, and suggest alternatives such as a taxi or designated driver, but allow them to leave if they insist. ✅ Alert the police to prevent the patron from driving away, providing their description and vehicle information.
• Offer to hold the patron's car keys and call them a taxi, only allowing them to retrieve keys the next day.
• Ask the patron's companions to intervene and ensure the patron does not drive.

Correct answer: Alert the police to prevent the patron from driving away, providing their description and vehicle information.

Explanation: In Alberta, under common law and the AGLC's emphasis on public safety, if a licensee or server knows or reasonably ought to know that an intoxicated patron intends to drive, they have a heightened duty of care to prevent that intoxicated patron from causing harm. Calling the police is often the most effective and legally defensible action to prevent impaired driving when other de-escalation or intervention efforts have failed or are not possible. Merely advising them or asking companions may not be sufficient to fulfill this duty of care, and physically detaining them or their keys can lead to legal issues.