You work at an establishment that has a 'take-away' wine and beer endorsement on its liquor licence. A restaurant patron, who is visibly intoxicated, requests to purchase a bottle of wine to take home. What is your primary legal obligation in this situation?

Question: You work at an establishment that has a 'take-away' wine and beer endorsement on its liquor licence. A restaurant patron, who is visibly intoxicated, requests to purchase a bottle of wine to take home. What is your primary legal obligation in this situation?

Answer options:

• Sell them the wine, as 'take-away' sales are treated differently from 'on-premise' consumption. ✅ Refuse the sale of the take-away wine, as it is illegal to sell alcohol to an intoxicated person, regardless of intent for consumption.
• Allow them to purchase the wine, but instruct them not to open it until they are home.
• Inform them that take-away alcohol can only be purchased by patrons who have also purchased food.

Correct answer: Refuse the sale of the take-away wine, as it is illegal to sell alcohol to an intoxicated person, regardless of intent for consumption.

Explanation: The prohibition against selling or serving alcohol to an intoxicated person applies universally, whether the alcohol is for immediate on-premise consumption or for take-away. The LLCA makes no distinction in this regard. Therefore, refusing the sale is the only legally permissible action. The 'take-away' endorsement conditions (like food purchase) are separate from the core prohibition against serving intoxicated individuals. Instructing them not to open it does not absolve the seller of responsibility.