Smart Serve Safe and Legal Practices — Questions and Answers
Question 1: Under Ontario's Liquor Licence Act, what are the standard hours during which alcohol can be legally served in a licensed establishment?
- 6:00 AM to 11:00 PM
- 9:00 AM to 2:00 AM
- 11:00 AM to 2:00 AM (Correct answer)
- All hours if the licence permits
Correct answer: 11:00 AM to 2:00 AM
Standard liquor service hours in Ontario are 11:00 AM to 2:00 AM. Extended hours may be granted in specific circumstances, but no alcohol may be served outside these times without special permission.
Question 2: What does 'duty of care' mean for a licensed establishment under Ontario law?
- The obligation to clean the establishment to health code standards
- The legal obligation to take reasonable steps to prevent foreseeable harm to patrons and the public (Correct answer)
- A requirement to provide medical assistance in all emergencies
- The duty to train staff in first aid
Correct answer: The legal obligation to take reasonable steps to prevent foreseeable harm to patrons and the public
Duty of care is the legal obligation on establishments and their staff to take reasonable precautions to prevent harm that is foreseeable from their actions—including harm caused by an intoxicated patron who was over-served.
Question 3: What is the legal consequence of selling alcohol to a person under 19 in Ontario?
- A written warning from the AGCO on the first offence
- Fines, possible criminal charges, and risk of licence suspension or revocation (Correct answer)
- A mandatory refresher training for the server only
- Temporary suspension of the server's Smart Serve certificate
Correct answer: Fines, possible criminal charges, and risk of licence suspension or revocation
Selling alcohol to a minor is a serious offence under the Liquor Licence Act. Consequences can include substantial fines for both the server and the licence holder, criminal charges, and suspension or revocation of the liquor licence.
Question 4: Which of the following is a legal requirement for displaying alcohol at a licensed premises?
- Alcohol must always be displayed at eye level to prevent theft
- Alcohol must be stored behind a locked counter accessible only to staff
- Alcoholic and non-alcoholic beverages may be displayed freely together
- Alcohol may only be consumed in areas designated on the licence (Correct answer)
Correct answer: Alcohol may only be consumed in areas designated on the licence
A liquor licence specifies the areas of a premises where alcohol may be sold, served, and consumed. Patrons must consume alcohol only in the licensed areas designated on the establishment's licence.
Question 5: A patron asks a server to bring a bottle of wine to a different table in an unlicensed area of the restaurant. What should the server do?
- Bring the wine since the patron paid for it
- Refuse because alcohol may only be consumed in licensed areas of the premises (Correct answer)
- Ask the manager to make the decision
- Allow it if the patron shows valid ID
Correct answer: Refuse because alcohol may only be consumed in licensed areas of the premises
Liquor licences specify the areas where alcohol may be consumed. Moving alcohol into an unlicensed area of the premises is a violation of the Liquor Licence Act, regardless of who paid for it.
Question 6: What is 'last call' and why is it an important responsible service practice?
- A promotional deal offered in the last hour of service to increase sales
- The final opportunity for patrons to order drinks before service ends, giving them time to finish before closing (Correct answer)
- A police code for an incident at a licensed premises
- A requirement to offer free coffee at the end of every shift
Correct answer: The final opportunity for patrons to order drinks before service ends, giving them time to finish before closing
Last call signals to patrons that service will be ending, giving them time to finish their drinks before the establishment closes. It is also an opportunity for staff to assess patrons' states and arrange safe transportation.
Smart Serve Safe and Legal Practices
Under Ontario's Liquor Licence Act, what are the standard hours during which alcohol can be legally served in a licensed establishment?