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Smart Serve Practice Test · Question

You are closing down your establishment for the night. A visibly intoxicated patron who has been refused service earlier is now attempting to gather their belongings. They insist on driving themselves home. What is your immediate and paramount responsibility?

The licensee and servers have a legal duty of care to prevent an intoxicated patron from harming themselves or others, including impaired driving. The first ste

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Question: You are closing down your establishment for the night. A visibly intoxicated patron who has been refused service earlier is now attempting to gather their belongings. They insist on driving themselves home. What is your immediate and paramount responsibility?

Answer options:

  • Tell them politely to leave the premises but avoid physical intervention.
  • Call the police immediately to report impaired driving.
  • Attempt to take their keys away from them or physically prevent them from leaving in their car. ✅ Call a sober friend or family member for them, offer a taxi, or escort them to alternative transportation, while taking reasonable steps to prevent them from driving.

Correct answer: Call a sober friend or family member for them, offer a taxi, or escort them to alternative transportation, while taking reasonable steps to prevent them from driving.

Explanation: The licensee and servers have a legal duty of care to prevent an intoxicated patron from harming themselves or others, including impaired driving. The first steps should be to offer alternative transportation or contact a sober individual. While calling the police (B) is an option if other attempts fail or if they insist on driving, attempting to physically restrain them or take keys (C) can lead to legal issues for the server unless it's an absolute last resort to prevent imminent harm and done safely. Simply telling them to leave (A) is insufficient to meet the duty of care.

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