CH. 7: The Restaurant Sector- Alcohol

Question 1

what % of the population is estimated to have a psychological predisposition of addiction?

Answer 1

20%

Question 2

4 ways 1 can be liable for alcohol misuse

Answer 2

1. Criminal Code (DUI)
2. Liquor License Act (licensed alc. provider can be charged for serving any1 that appears intoxicated/ underaged)
3. Licensed alcohol provider may be liable for negligence
4. Alcohol provider may be liable under common law for breach of contract/ negligence for breach of duty of care

Question 3

what is the underlying principle concerning the duty of care required of any1 who stands to gain from the provision of alcohol?

Answer 3

Person who gains should contribute to the losses suffered by others resulting from that provision

Question 4

why don’t liquor stores incur the same duty of care?

Answer 4

customers are prevented from opening the bottles on the premises

Question 5

why is the rational of voluntary assumption of risk not a defence of the servers of alcohol

Answer 5

servers have responsibility to supply the inhibitions the alcohol has removed

Question 6

when are you considered too intoxicated to drive

Answer 6

.05% (BAL)

Question 7

provisions under the BC Liquor Control & Licensing Act

Answer 7

• operators must not serve patrons who appear intoxicated
• right to refuse entry for potential patrons who seem intoxicated
• those intoxicated should not be permitted to remain on premises (take reasonable steps for a safe passage)

Question 8

how can an employer escape alcohol misuse liability?

Answer 8

If employer demonstrates that

• they gave clear instructions not to serve the customer
• server continued to serve alcohol out of frdship/infatuation
• server did not charge customer

Question 9

3 subtle signs of intoxication

Answer 9

• behavioural changes
• changes in speech
• loss of co-ordination

Question 10

can a bar evict someone who is apparently intoxicated under any circumstances?

Answer 10

Alcohol provider maybe liable for negligence if evicting the patron endangers patron & public, need to provide safe passage

Question 11

the Trilogy?

the result of the Trilogy?

Answer 11

3 cases in 1978- Supreme court tried to cap general damage awards @ 100000, prevent ruinous awards

Question 12

Precautions that need to be taken when planning a company party w. alcohol:

Answer 12

• provide overnight accommodation
• provide transportation to residence of the employees
• design & institute a designated driver policy