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Smart Serve Practice Test · Question

Your licensed establishment is hosting a corporate event where the client has requested an 'open bar' policy, meaning all drinks are paid for by the corporation. A server notices a guest who is clearly over-intoxicated but is ordering drinks for a table of colleagues. The server approaches the guest directly to refuse service. What is the MOST likely implication of this refusal for the establishment?

Regardless of payment method or client preferences, a licensed establishment and its staff are legally obligated under the LLCA to refuse service to intoxicated

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Question: Your licensed establishment is hosting a corporate event where the client has requested an 'open bar' policy, meaning all drinks are paid for by the corporation. A server notices a guest who is clearly over-intoxicated but is ordering drinks for a table of colleagues. The server approaches the guest directly to refuse service. What is the MOST likely implication of this refusal for the establishment?

Answer options:

  • The establishment could face a breach of contract claim from the corporate client for refusing service to their guest.
  • The server is protected by the LLCA and AGCO regulations, so there are no negative implications for the establishment.
  • The refusal could lead to a 'liquor licence suspension' if the AGCO determines the corporate event was poorly managed. ✅ The establishment is fulfilling its legal obligation under the LLCA, prioritizing safety over potential client dissatisfaction.

Correct answer: The establishment is fulfilling its legal obligation under the LLCA, prioritizing safety over potential client dissatisfaction.

Explanation: Regardless of payment method or client preferences, a licensed establishment and its staff are legally obligated under the LLCA to refuse service to intoxicated individuals. Prioritizing safety and adherence to the law (e.g., preventing over-service) takes precedence over contractual arrangements or potential client dissatisfaction. While a client might be unhappy, fulfilling this legal obligation protects the establishment from significant AGCO penalties and civil liability. A breach of contract claim is unlikely given the legal mandates around over-service. Suspension is a consequence of failing to refuse service, not for doing so.

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