What Does the Ontario Liquor License Act (LLA) Outline?

The sad truth is that far too often, people still get injured by drunk drivers. In April 2021, Ontario police laid more than 600 DUI charges, an increase of 20% over last year. Yet, tragic stories of death or personal injury from drunk driving continue in growing numbers.

For many victims, it’s hard to know where to turn for help. But, if you received a personal injury from an intoxicated person, keep reading. This overview of the Ontario Liquor License Act (LLA) will answer questions about your rights.

Changes to Ontario Impaired Driving Laws

Driving while intoxicated now comes with stiffer penalties in Ontario. Fines for offenses when driving drunk are now mandatory. For example, a BAC of 80-119 mg is a minimum $1,000.00 fine.

Police have more authority to demand BAC tests from motorists. Refusal to take a breathalyzer test also comes with mandatory fines.

Laws have strengthened in fines for causing injury or death while driving drunk as well. Mandatory prison terms are a good start, but victims deserve reimbursement. Yet, liability doesn’t always end with the driver.

Still, this preventable crime happens all too frequently. The Ontario Liquor License Act has put more pressure on establishments that serve alcohol. Bars and taverns can show liability for non-compliance with Ontario liquor laws.

So, if you’ve sustained an injury, call a personal injury lawyer. An investigation of events before the drunk driver got into a vehicle can reveal much. Smart Serve rules on the serving of alcohol are explicit.

Understanding Smart Serve

Any public house licensed to serve alcohol in Ontario is subject to strict laws. All employees who serve alcohol need to have Smart Serve certification. Under the Ontario liquor laws, personnel must enforce rules to prevent excessive drinking.

Servers will reduce the amount served to an individual showing signs of intoxication. They will also refuse service to guests who appear intoxicated. In addition, bars and taverns must refuse entry to anyone entering who is already drunk.

The Ontario Liquor License Act protects the intoxicated person and anyone who may be affected by their behavior. As a result, if the person causes personal injury while driving drunk, they may not be the only party liable.

Smart Serve training includes practices for serving at special functions like weddings. The same rules apply, and the licensee for the event is responsible for exercising moderate alcohol consumption. Smart Serve certification is still required whether the alcohol is served free or sold.

Notably, guest safety inside the establishment is also included. Bars must refrain from dangerous activities with guests who are drinking. For example, contests that involve physical activity are not permitted while serving alcohol.

The bar staff must ensure safe transport for intoxicated guests to their homes. The Alcohol and Gaming Regulation and Public Protection Act governs all these regulations. Establishments that don’t follow the safe serving of alcoholic beverages are liable.

In short, the server’s responsibility to an intoxicated guest goes beyond the sidewalk. Ontario liquor laws will protect anyone affected by an intoxicated person.

The Ontario Liquor License Act

The LLA first outlines the requirements for obtaining a license to sell alcohol. Then, the act lists the types of establishments allowed to serve alcohol. Thus, Ontario liquor laws cover a broad range of circumstances.

There are 22 sections in the LLA covering every aspect of selling or serving alcohol to the public. In addition, fomenters and brewing establishments are also part of the licensing law.

Then, the section for Responsible Use instructs on the lawful serving to patrons. Finally, the section outlines age restrictions for serving and times allowed.
Responsible Use also provides detail about the removal of intoxicated patrons. Again, there are clear guidelines on removing a patron and when to allow them to reenter.

Finally, the Compliance section deals with the authority given to the police to carry out the law. For example, section 44 explains the power given to police to detain or impound vehicles. Police also have the right to search the vehicle’s interior.

It’s important to note that the laws discussed are not limited to road vehicles. Boats, farm equipment, and construction machinery are all subject to Ontario impaired driving laws.

Fines and offenses are also outlined in the Ontario Liquor License Act. Every establishment that serves alcohol to the public knows and must follow this act. Ontario liquor laws are strict and clear to operators of bars and taverns.

When granted licenses to serve, each bar owner understands the risks of over-serving. They also know that their liability does not end when a patron leaves the establishment. Virk Personal Injury Lawyers have the resources to investigate these instances.

What It All Means for the Injured

If you experience personal injury from an intoxicated person, you have certain rights. The Ontario Liquor License Act has evolved since its beginnings during prohibition days. Today, Ontario liquor laws reach far beyond the premises of a bar or tavern.

The Ontario impaired driving laws are becoming more effective, and more resources are available to people who suffer personal injury from drunk driving.

Virk Personal Injury Lawyers proudly serves Hamilton, Niagara, Mississauga and the surrounding communities. To make sure you get the results you deserve, contact us first.