British Columbia Serving It Right Practice Test

Who is typically charged in a legal case involving injury to an intoxicated patron?

1. The manager of the establishment

2. The licensee of the establishment

3. The bartender serving the liquor

4. Any staff member present

The correct answer is: The licensee of the establishment

In legal cases involving injury to an intoxicated patron, the licensee of the establishment is typically charged because they hold the responsibility for ensuring that the premises are operated in compliance with liquor laws and regulations. The licensee is usually the person or entity that possesses the liquor license and is responsible for the overall management and legality of the establishment's operations regarding alcohol service. The law places a significant duty of care on the licensee to prevent over-serving patrons and to ensure that intoxicated customers are not permitted to continue consuming alcohol on the premises. This legal expectation arises from the principle that the licensee is in the best position to control the actions of the staff, manage the environment, and make decisions regarding the responsible service of alcohol. While other staff members such as the bartender or manager may have roles in the service and management of alcohol, the legal responsibility primarily falls on the licensee because they are the accountable party in terms of adhering to the regulations set forth by licensing authorities. Thus, in cases of injury to an intoxicated patron, it is the licensee who is often implicated legally for not upholding these responsibilities.