British Columbia Serving It Right Practice Test

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During what circumstance can a liquor licensee be held liable?

  1. Only when a patron becomes unruly

  2. If they fail to serve food to intoxicated patrons

  3. If an intoxicated patron causes harm to themselves or others

  4. If none of the staff are present

The correct answer is: If an intoxicated patron causes harm to themselves or others

A liquor licensee can be held liable particularly when an intoxicated patron causes harm to themselves or others. This responsibility arises from the legal concept known as "duty of care," which requires licensees to ensure the safety of their patrons and the public. If a licensee serves alcohol to someone who is intoxicated, they may be found liable if that person subsequently harms themselves or others, as the licensee has a legal obligation to prevent such situations from occurring. The emphasis on this liability is rooted in the understanding that serving alcohol carries inherent risks, and establishments have a responsibility to act in a manner that prevents foreseeable harm. This includes monitoring patrons' consumption levels and making decisions that prioritize safety. In contrast, some of the other circumstances mentioned do not establish the same degree of liability. For instance, simply having an unruly patron does not automatically lead to liability if the licensee took appropriate actions to manage the situation. Similarly, failing to serve food to intoxicated patrons, while possibly a breach of best practices, may not directly result in liability unless it leads to a foreseeable negative outcome. Lastly, if no staff are present, this does not typically result in liability in the same manner, since the absence of staff does not imply that the