Staying Compliant: Alcohol Control Laws And Your Business

Alcohol control laws are a combination of federal, state, and local laws that govern the sale, distribution, and consumption of alcoholic beverages. These laws aim to prevent underage drinking, drunk driving, and other alcohol-related problems. To prevent breaking alcohol control laws, it is important for businesses and individuals to be aware of the applicable regulations and take proactive measures to ensure compliance. This includes training staff, maintaining adequate staffing levels, and implementing responsible promotions. Additionally, enforcing restrictions on alcohol availability, advancing drink-driving countermeasures, and facilitating access to screening and treatment can help reduce alcohol-related harm.

Understand the laws and your liabilities

Understanding the laws and your liabilities is crucial to preventing the breaking of alcohol control laws. This involves knowing the rights, responsibilities, and liabilities that apply to those working in licensed businesses. While rights are actions that individuals can choose to take, such as refusing service if someone fails to show adequate identification, responsibilities are actions that must be taken under specified circumstances, with many outlined in the law.

Liability occurs when an individual is held responsible for injury or damage occurring to their patrons or caused by them. This could include injury or damage from slips, falls, fights, or drunk driving collisions. It is important to note that licensees are generally liable for all activities that occur at the licensed business and are responsible for the actions of their agents and employees.

The liability of licensees and their employees can fall into three areas of law: criminal, administrative, and civil. For example, the sale of alcohol to a minor could result in all three types of liability. Criminal liability holds the individual seller responsible for the crime observed by a law enforcement officer. Administrative liability can result in fines ranging from $750 to $20,000, suspension of license, or revocation of license, with penalties decided on a case-by-case basis. Civil liability refers to the potential civil legal liability of licensees and their sellers for injuries caused by their intoxicated patrons.

In addition to statutory civil liability, common law duties of care also play a role. Under common law, licensees have a duty to exercise reasonable care for the safety of their patrons. If a licensee is negligent in exercising reasonable care, an aggrieved party may file a common law action in court, resulting in civil damages. Reckless conduct, which involves intentionally performing an act of an unreasonable character and disregarding known or foreseeable risks, can also give rise to a lawsuit under common law.

To reduce the risk of liability, it is recommended to have responsible promotions, provide staff training, maintain adequate staffing, implement written policies, hire qualified employees, and support employees' decisions. By understanding the laws and liabilities, businesses can take proactive measures to avoid breaking the law and protect themselves from legal consequences.

Train your staff

Training your staff is a crucial aspect of preventing alcohol control law breaches. Here are some detailed instructions for training your staff:

Firstly, ensure that all staff members are aware of the relevant alcohol control laws and regulations. This includes understanding the minimum legal drinking age, restrictions on alcohol availability, drink-driving laws, and advertising guidelines. Staff should also be familiar with the potential consequences of breaking these laws, such as fines, suspension, or revocation of licenses.

Secondly, provide regular training sessions on responsible alcohol service practices. This includes teaching staff to recognise signs of intoxication, implementing strategies to refuse service to intoxicated customers, and knowing how to handle difficult situations. Role-playing and scenario-based training can be particularly effective in preparing staff for real-world situations.

Thirdly, establish clear policies and procedures for your business regarding alcohol service. This includes having written policies on checking identification, refusing service, handling customer complaints, and dealing with intoxicated individuals. Ensure that all staff members are familiar with these policies and provide regular updates and refresher training.

Additionally, promote a culture of responsibility and safety within your staff team. Encourage open communication and ensure that staff feel comfortable raising concerns or asking for help. Foster a supportive environment where staff can look out for each other and intervene if they notice a colleague is struggling to handle a situation.

Finally, maintain adequate staffing levels at all times. Ensure that there are enough staff members on duty to handle customer service, monitor alcohol service, and respond to any incidents that may arise. Supervise your staff regularly and provide feedback to help them improve their performance and decision-making skills.

By following these training guidelines, you can empower your staff with the knowledge, skills, and confidence to prevent alcohol control law breaches and promote responsible alcohol service.

Refuse service to minors

Refusing service to minors is a crucial aspect of complying with alcohol control laws and preventing underage drinking. Here are some detailed instructions and guidelines to ensure your business effectively refuses service to minors:

Training and Education:

• Implement regular and comprehensive training for all staff, including bartenders, servers, and managers. Train them to recognize signs of intoxication, strategies to deal with intoxicated and underage patrons, and the legal consequences of serving minors.
• Educate staff about the legal drinking age and the importance of checking identification. Train them to check IDs for all customers who appear under the age of 25, or even older if there is any doubt.
• Familiarize staff with the appearance of valid forms of identification, such as driver's licenses, passports, or military IDs, and teach them to spot fake IDs.

ID Checking Procedures:

• Establish a strict policy of checking IDs for all customers who look under 25. Display signs at the entrance and around the premises to inform customers of this policy.
• Train staff to politely and confidently ask for identification and to use ID scanners or UV lights if available.
• Implement a clear procedure for handling refused service, such as denying entry or service, and ensure staff are comfortable executing this procedure.

Refusal Techniques:

• Instruct staff to be assertive and consistent when refusing service to minors. They should remain calm, state the facts, and avoid being accusatory or aggressive.
• Train staff to use phrases like, "I'm sorry, but I cannot serve you as you do not meet the legal drinking age requirement."
• If a minor is accompanied by an adult, staff should still refuse service to the minor directly and not rely on the adult to prevent the minor from drinking.

Managing Difficult Situations:

• Prepare staff to handle difficult situations, such as aggressive or persistent minors, by role-playing various scenarios during training.
• Establish a protocol for escalating issues, such as involving a manager or security staff if a minor becomes unruly or attempts to use a fake ID.
• Ensure staff know their rights and the legal repercussions of serving minors, to empower them to confidently refuse service.

Consistent Application:

• Ensure that the refusal of service to minors is consistently applied across all staff members and shifts.
• Regularly review and audit your establishment's performance in refusing service to minors, and provide feedback and additional training as needed.

By following these guidelines, your business can effectively refuse service to minors, comply with alcohol control laws, and contribute to preventing underage drinking.

Refuse service to intoxicated patrons

Refusing to serve intoxicated patrons is a crucial aspect of complying with alcohol control laws and maintaining a safe environment. Here are some detailed guidelines for refusing service to intoxicated patrons:

Recognising Signs of Intoxication:

It is essential to train staff to recognise signs of intoxication, such as loud and agitated speech, difficulty walking straight, argumentative behaviour, or incoherent conversation. Staff should also be aware of potential physical or mental disabilities that may exhibit similar symptoms to ensure patrons are not unlawfully discriminated against.

Engaging in Conversation:

Before refusing service, staff members should engage in a polite conversation with the patron to identify possible causes for their behaviour. This step is crucial for meeting obligations under the Liquor Act and ensuring patrons are treated respectfully.

Implementing a Refusal of Service Policy:

Licensees should have a written policy on refusing service, outlining the steps staff should take and their responsibilities. This policy should be communicated to all staff to ensure a consistent message is delivered to patrons.

Dos and Don'ts of Service Refusal:

When refusing service, staff should be polite, avoid value judgments, and tactfully inform the patron that they will not be served any more alcohol. They should explain the reason for refusal, such as displaying signs of undue intoxication, and offer non-alcoholic beverages or suggest alternative transportation options. It is important to ensure the patron leaves the premises safely and does not loiter outside. Any incidents, especially those involving threats or aggression, should be logged.

Involving Management:

Managers should be informed and involved in the process of refusing service. They should support the decision of their staff and ensure consistent enforcement. Managers should also decide on the appropriate next steps, such as offering food and water or slowing down service.

Not Negotiating:

Staff should be instructed not to negotiate or give in to requests for "one last drink." It is important to remain firm and not put off refusal, as this can increase the risk of overserving and the potential consequences for both the patron and the establishment.

Following Through:

Even after refusing service, staff and management should continue to monitor the situation to ensure the patron does not access alcohol. This includes advising other staff members not to serve the patron and ensuring they do not finish any remaining drinks.

Knowing the Legal Consequences:

It is important to be aware of the legal consequences of serving intoxicated patrons. In many places, it is illegal to serve alcohol to intoxicated individuals, and establishments can face penalties such as higher licence fees, suspension, or cancellation of their licence. Bartenders and servers may also be held legally and civilly liable for overserving.

Regular Training:

Establishments should implement regular and recurring training for employees on how to recognise and deal with intoxicated patrons. This training can help safeguard the business, employees, and customers and reduce the risk of legal challenges.

Knowing State-Specific Laws:

While there are general guidelines, it is crucial to review and comply with specific state laws and regulations regarding refusing service to intoxicated patrons. Some states have additional protections that businesses must adhere to, and understanding these laws can help prevent legal issues.

Avoid drunk driving

Drinking and driving can have serious consequences, including injury, fatality, damage, and legal ramifications. Here are some tips to avoid drunk driving:

• Always choose a non-drinking designated driver, every time you go out.
• If you go out alone, refrain from drinking alcohol. Opt for non-alcoholic beverages such as soft drinks or water.
• Never feel pressured to drink alcohol. If you do plan on drinking, do so responsibly. Eat a substantial meal and drink water to slow alcohol absorption into the bloodstream.
• If you've been drinking, use a taxi or ridesharing service such as Uber or Lyft to get home.
• Never get into a car with a driver who has been drinking.
• If you can do so safely, prevent others from driving under the influence by taking their keys. They may be angry with you, but the alternative is much worse.
• If you're hosting a party, remind your guests to plan ahead. Arrange for alternative transportation or agree on a designated driver who will remain sober. Offer alcohol-free beverages, and ensure all guests leave with a driver who hasn't been drinking.
• If you plan to drink, make arrangements in advance so that you do not have to drive.
• Be aware of the effects of prescription and over-the-counter medications. Many types of medications can impair your ability to drive safely, especially when combined with alcohol. Avoid driving if you're unsure how a medicine may affect you or if your doctor advises against it.

Frequently asked questions