Smart Serve Ontario cheat sheet

The Liquor Licence and Control Act, 2019 (LLCA) and its Regulation 746/21 govern the sale, service, and delivery of liquor in Ontario; the Alcohol and Gaming Commission of Ontario (AGCO) administers and enforces them.

A licence holder and every person involved in the sale or service of liquor must not sell or supply liquor to a person who is or appears to be intoxicated.

Selling or supplying liquor to an intoxicated person is a strict liability offence: the Crown need not prove intent, only that the sale or supply occurred.

A person must not sell or supply liquor to a person under 19 years of age; the legal drinking age in Ontario is 19.

Only a person 18 years of age or older may sell, serve, or handle liquor in a licensed establishment, even if that person does not consume it.

Every person who sells or serves liquor must hold a valid Smart Serve certificate; the certificate is valid for five years from the date of certification.

Licensees must post required signage, including the Smart Serve/AGCO signage about the legal drinking age and the prohibition on serving intoxicated persons, in a conspicuous place.

Permitting drunkenness, disorderly conduct, or unlawful gambling on the premises is a violation that can lead to licence suspension, revocation, or monetary penalties.

The LLCA prohibits an intoxicated person from being on the premises of a licensed establishment, except in limited circumstances such as a residence or a facility where the person is receiving care.

Impairment indicators fall into four categories: physical (e.g., slurred speech, bloodshot eyes, poor coordination), behavioural (e.g., loud, aggressive, overly friendly), emotional (e.g., mood swings, crying, anger), and mental (e.g., confusion, slowed reaction, difficulty concentrating).

Alcohol is a central nervous system depressant; its effects increase with the amount consumed, the speed of consumption, and the person's body weight, food intake, and tolerance.

A standard drink in Ontario contains 13.6 grams of pure alcohol: 341 mL (12 oz) of 5% beer, 142 mL (5 oz) of 12% wine, or 43 mL (1.5 oz) of 40% spirits.

The body metabolizes alcohol at roughly one standard drink per hour; nothing (coffee, food, cold showers) speeds this rate up.

Signs of intoxication include: flushed face, bloodshot or glassy eyes, slurred speech, swaying, stumbling, spilling drinks, and difficulty focusing.

Behavioural red flags: ordering multiple drinks at once, switching to stronger drinks, drinking faster than others, becoming unusually loud or quiet, or losing track of conversation.

A person who has consumed cannabis, prescription medication, or other drugs may show impairment combined with alcohol; the signs can be similar but the response (refuse service, arrange safe transport) is the same.

When in doubt about a guest's level of intoxication, err on the side of caution: stop serving alcohol, offer food and water, and monitor the guest.

Documentation of observed indicators (time, behaviour, action taken) supports the server's decision if the incident is later reviewed by the AGCO or in court.

The legal drinking age in Ontario is 19; anyone who appears to be under 25 must be asked for identification before being served alcohol.

Acceptable ID must be government-issued, contain a photograph, date of birth, and the person's name, and be current (not expired): Ontario driver's licence, Ontario photo card, Canadian passport, Canadian Armed Forces ID, or a Secure Indian Status Card.

Unacceptable ID includes: health cards without a photo, student cards, expired documents, photocopies, and any ID that appears altered or tampered with.

Check the ID in good light, compare the photo to the person, verify the date of birth, and check for tampering (peeling laminate, mismatched fonts, altered birth year).

Do not accept ID that belongs to someone else; if the photo does not match the person, refuse service and ask the person to leave.

A person who presents fake or altered ID may be refused service; the establishment may retain the ID only in accordance with the law and should contact the police.

Refusing service to a minor must be done politely but firmly, without embarrassing the guest; offer a non-alcoholic alternative and inform a supervisor.

If a minor is served and later found to have consumed alcohol, the server and licensee may face charges, fines, and licence suspension; the server may also face personal liability.

Second-party sales (an adult buying alcohol for a minor) are prohibited; if you suspect an adult is buying for a minor, refuse the sale and document the incident.

Refuse service as soon as you observe signs of intoxication or a violation; do not wait for a second drink order.

Use a calm, non-confrontational tone and a firm but polite message: "I'm sorry, I can't serve you any more alcohol tonight."

Do not argue with the guest, do not raise your voice, and do not embarrass the guest in front of others; offer a non-alcoholic drink, food, or water instead.

Offer alternatives: coffee, water, food, or a safe ride home; if the guest is intoxicated, arrange transportation (taxi, rideshare, or a sober friend).

If the guest becomes aggressive, disengage, step back, and call a supervisor or security; do not attempt to physically restrain the guest.

Document the refusal: time, guest description, observed behaviour, and action taken; keep the record for the licensee's records.

If the guest refuses to leave, call the police; the licensee has the right to remove a person who is intoxicated or disorderly from the premises.

Never serve a guest who is already intoxicated, even if the guest insists or becomes angry; the legal duty to refuse overrides customer satisfaction.

Intervene early: a guest who is showing early signs of intoxication can often be slowed down with food and water before reaching a dangerous level.

Monitor guests continuously: watch for changes in behaviour, speech, and coordination; check on guests who have been drinking for a while.

Track consumption: note the number and type of drinks served to each guest, and pace service so that guests do not consume too much too quickly.

Offer food and water regularly; food slows alcohol absorption, and water helps guests stay hydrated.

Do not serve doubles, shots, or high-alcohol drinks to guests who are already showing signs of intoxication.

Cut off service when a guest shows clear signs of intoxication: slurred speech, loss of coordination, aggression, or confusion.

After cutting off service, continue to monitor the guest until they leave; do not leave an intoxicated guest unattended.

Ensure the guest leaves safely: arrange a taxi, rideshare, or a sober friend; do not let an intoxicated guest drive.

If the guest is a minor or appears to be a minor, verify ID before serving and refuse service if the ID is invalid.

Keep a written record of incidents, including refusals, cut-offs, and any guest who was asked to leave.

The licence holder is responsible for ensuring that all staff who sell or serve liquor hold a valid Smart Serve certificate.

The licensee must post required signage in a conspicuous place: the legal drinking age sign, the Smart Serve sign, and any other signage required by the AGCO.

The licensee must keep records of staff training, incident reports, and any refusals of service; records must be made available to AGCO inspectors on request.

The licensee must ensure that the premises are safe: adequate lighting, security, and supervision of guests.

Staff must not consume alcohol while on duty; serving staff must remain sober and alert.

The licensee must ensure that no one under 19 is served alcohol and that no one under 18 sells or serves alcohol.

The licensee must cooperate with AGCO inspectors and police; refusing entry or obstructing an inspection is a violation.

The licensee must maintain a current list of staff and their Smart Serve certification dates; expired certificates must be renewed before the staff member continues to serve.

Incident reports should include: date, time, location, names of staff and guests involved, description of the incident, and action taken.

Stay calm and keep your voice low and steady; do not match the guest's aggression.

Maintain a safe distance (at least an arm's length) and keep an exit route open; never let a guest block you in.

Do not touch an aggressive guest unless it is necessary to protect yourself or others; physical contact can escalate the situation.

Call for backup: signal a supervisor, security, or a coworker; never handle an aggressive guest alone if you can avoid it.

If a guest threatens violence, call the police immediately; do not attempt to restrain the guest yourself.

Use de-escalation techniques: acknowledge the guest's frustration, offer a solution (e.g., a taxi home), and avoid arguing about who is right.

After an incident, document what happened and report it to the licensee; keep a record for insurance and legal purposes.

Know the establishment's emergency procedures: location of exits, panic buttons, and the phone number for police.

If you feel unsafe, leave the area and call for help; your personal safety comes before serving the guest.

Private events (e.g., weddings, parties) held in a licensed establishment are subject to the same liquor laws as regular service; the licensee remains responsible for compliance.

For private events, the host may be required to obtain a Special Occasion Permit (SOP) if alcohol is served outside a licensed establishment; the SOP holder must follow AGCO rules.

At private events, staff must still check ID, refuse service to intoxicated guests, and monitor consumption; the host cannot override these duties.

Alcohol delivery must be made by a person 18 or older; the recipient must be 19 or older and must provide valid ID at the time of delivery.

Delivery drivers must verify the recipient's ID and age before handing over alcohol; if the recipient appears intoxicated or underage, the delivery must be refused.

Minors may be present on licensed premises in some circumstances (e.g., restaurants), but they must not be served alcohol; the licensee must ensure that minors do not consume alcohol.

At events where minors are present, staff must be especially vigilant about second-party sales and about adults buying alcohol for minors.

For private events, the licensee should document the event details, the host's name, and the measures taken to prevent service to minors and intoxicated guests.

If alcohol is delivered to a private residence, the driver must ensure that the person receiving the alcohol is of legal age and is not intoxicated.