An 18-year-old friend of a licensee is working as a server in their licensed premise. This individual occasionally serves alcohol to patrons. What is the legal implication under the LLCA?

Question: An 18-year-old friend of a licensee is working as a server in their licensed premise. This individual occasionally serves alcohol to patrons. What is the legal implication under the LLCA?

Answer options:

• This is permissible, as long as the licensee supervises them directly.
• This is permissible, as they are a friend of the licensee and not a direct employee. ✅ This is a serious contravention of the LLCA, as servers of alcohol must be at least 18 years of age AND Smart Serve certified.
• This is a serious contravention of the LLCA, as servers of alcohol must be at least 19 years of age.

Correct answer: This is a serious contravention of the LLCA, as servers of alcohol must be at least 18 years of age AND Smart Serve certified.

Explanation: While individuals can be employed at 18 in licensed establishments, anyone serving alcohol in Ontario must be at least 18 years of age AND be Smart Serve certified. Option D incorrectly states the age requirement is 19 for servers. Options A and B are incorrect as they overlook the mandatory Smart Serve certification and minimum age for service, regardless of relationship to the licensee or supervision.