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Tuesday, August 11, 2015
Liquour Liability - 3
Further to my past post on the liability that can be imposed on taverns (bars, restaurants, etc.), he is the relevant statute and regulations.
The Liquor Licence Act, R.S.O. 1990, c. L.19, states:
29. No person shall sell or supply liquor or permit liquor to be sold or supplied to any person who is or appears to be intoxicated.
39. The following rules apply if a person or an agent or employee of a person sells liquor to or for a person whose condition is such that the consumption of liquor would apparently intoxicate the person or increase the person’s intoxication so that he or she would be in danger of causing injury to himself or herself or injury or damage to another person or the property of another person:
1. If the person to or for whom the liquor is sold commits suicide or meets death by accident while so intoxicated, an action under Part V of the Family Law Act lies against the person who or whose employee or agent sold the liquor.
2. If the person to or for whom the liquor is sold causes injury or damage to another person or the property of another person while so intoxicated, the other person is entitled to recover an amount as compensation for the injury or damage from the person who or whose employee or agent sold the liquor.
The regulations under this statute include:
A licence holder must not engage in or permit practices which may tend to encourage patrons’ immoderate alcohol consumption.
A licence holder must inspect an item of identification before serving liquor to a person apparently under the age of nineteen years.
A licence holder must not permit drunkenness, or riotous, quarrelsome, violent or disorderly conduct to occur on the licenced premises or in the adjacent washrooms, liquor and food preparation areas and storage areas.
