Smart Serve Practice Test · Question
A customer is visibly intoxicated and has become disruptive, yelling at other patrons. What is your employer's liability regarding this situation?
Licensees and their staff have a legal duty of care to ensure public safety. If a customer is visibly intoxicated and causing disruption, the licensee can be he
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Question: A customer is visibly intoxicated and has become disruptive, yelling at other patrons. What is your employer's liability regarding this situation?
Answer options:
- They are only liable if the customer is served more alcohol after showing signs of intoxication.
- They hold no liability, as the customer's actions are their own responsibility. ✅ They could be held liable for damages or injuries caused by the intoxicated customer.
- Their liability is limited to removing the customer from the premises.
Correct answer: They could be held liable for damages or injuries caused by the intoxicated customer.
Explanation: Licensees and their staff have a legal duty of care to ensure public safety. If a customer is visibly intoxicated and causing disruption, the licensee can be held liable for any damages or injuries that result, especially if proper steps were not taken to remove them or prevent harm (option C). Liability extends beyond just serving more alcohol (option A). While removing the customer is crucial, it's part of preventing broader liability (option D). Option B is incorrect as licensees do bear liability for patrons' actions to a degree.
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Question explanations
- In Ontario, what is the minimum legal drinking age?
- What is considered a 'standard drink' in Ontario for regular beer (5% alcohol)?
- What is considered a 'standard drink' of beer in Ontario for purposes of measuring alcohol intake?
- What is a major indicator that a person may be serving alcohol illegally?
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