Smart Serve overview

Smart Serve: Refusing service and removing patrons

The ban on serving anyone who is or appears intoxicated, refusing entry or service, removing people with no more force than necessary, police orders to vacate and public intoxication.

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Refusing service and removing patrons · Question 1Score 0/0

A couple finishes dinner with half a bottle of wine left, and one of them is clearly intoxicated. May the restaurant reseal it for that patron to take home?

Study reference: Ontario liquor law and AGCO guidance (Oct 2026), Ch. 7 Refusing service — LLCA ss. 31, 32, 44 to 48; O. Reg. 746/21 ss. 10, 39, 43

All 18 questions in this test

Every question and its answer choices. The correct answers and explanations appear when you take the test above.

  1. A couple finishes dinner with half a bottle of wine left, and one of them is clearly intoxicated. May the restaurant reseal it for that patron to take home?

    1. Yes, any opened wine may go home
    2. No, not for a patron who appears intoxicated
    3. Yes, if it is carried in a paper bag
    4. Yes, if the bottle is under half full
  2. A sober patron tries to buy a drink for a friend who is clearly intoxicated. What should the server do?

    1. Serve it if it is a light beer
    2. Refuse, since it is for an intoxicated person
    3. Serve it if the buyer pays cash
    4. Serve it, because the buyer is sober and paying for it
  3. A patron who was refused service becomes angry and loud. Which response fits AGCO guidance?

    1. Stay calm and courteous and call a manager
    2. Refund their tab and serve one more
    3. Argue until they back down
    4. Serve them to avoid a scene
  4. Does a patron only have to appear intoxicated for the service ban to apply?

    1. No, it must first be proved by a roadside breath test
    2. No, the patron must admit being drunk
    3. Only if police are present at the time
    4. Yes, the law covers people who appear intoxicated
  5. What does AGCO suggest posting at the entrance about intoxicated and underage people?

    1. That management may refuse them entry
    2. That they get a free first drink
    3. That they must sign in at the bar
    4. That they may enter after 11 p.m.
  6. A delivery driver finds that the customer at the door appears intoxicated. What must happen?

    1. Leave it at the door instead
    2. The liquor must not be handed over
    3. Hand it over if the customer is 19+
    4. Hand it over since it was prepaid
  7. Under the LLCA, to whom is it illegal to sell or supply liquor?

    1. Anyone who is or appears to be intoxicated
    2. Anyone who arrived without a reservation
    3. Anyone who has already had two drinks
    4. Anyone who is not eating a meal
  8. Where does O. Reg. 746/21 say a licensee must not permit intoxication?

    1. On the premises and adjacent areas it controls
    2. Only at the bar counter
    3. Only inside the building, never on the patio or deck
    4. Only after midnight
  9. When may a police officer arrest without a warrant someone who is intoxicated in a public place?

    1. Whenever the person is over 19
    2. When it is necessary for anyone's safety
    3. Only after a second warning
    4. Only if the person drove there and plans to drive home
  10. Staff ask an unruly patron to leave and he refuses. How much force may they use to remove him under the LLCA?

    1. No more force than is necessary
    2. Enough force to teach him a lesson
    3. No force at all; only police may act
    4. Any force the bouncer decides on
  11. A patron who is slurring and stumbling insists he is fine and offers a big tip for one more beer. What must the server do?

    1. Serve it but water it down
    2. Serve it if he agrees to take a taxi
    3. Refuse, because he appears intoxicated
    4. Serve it, since he says he is fine
  12. Is it legal to be intoxicated in a place the public is invited to, such as a shopping mall?

    1. Yes, during daytime hours
    2. No, the LLCA prohibits it
    3. Yes, if the person arrived on foot
    4. Yes, if the person is over 25
  13. When a server refuses service to an intoxicated patron, what support does AGCO say staff should have?

    1. Permission to serve one more drink
    2. A rule that only owners may refuse
    3. Management backing them up
    4. A cash bonus for every refusal
  14. After police order a bar vacated for public safety, when may patrons re-enter that day?

    1. After 15 minutes
    2. As soon as the fight ends
    3. Once the licensee says it is safe to reopen
    4. Only if a police officer authorizes it
  15. A patron is told to leave a bar for being disruptive. When may they come back, under the LLCA?

    1. When the next shift starts
    2. After 30 minutes
    3. Not on that same day
    4. After one hour
  16. What may a licensee or employee do with a person whose presence they believe is undesirable?

    1. Keep their ID until they pay
    2. Fine them a set amount
    3. Require them to leave or refuse them entry
    4. Hold them in a back room for police
  17. Police order everyone out of a bar because a fight threatens public safety. What must the licensee do?

    1. Let the regulars stay inside
    2. Keep serving the patrons who stay until the police leave
    3. Take all reasonable steps to clear the premises
    4. Close only the patio area
  18. Instead of charging a person found intoxicated in a public place, what may police do under the LLCA?

    1. Hand them over to bar security
    2. Drive them back to the bar
    3. Give them coffee and let them go
    4. Take them to a hospital

Refusing service and removing patrons: key rules to remember

Our summary of what the official handbook says on this topic, in our own words. Read it before or after the practice questions above, then check the original chapter. Read the official chapter ↗

Intoxication

  • No one may be intoxicated in a place the public is invited or permitted, or in common areas of multi-unit residences.
  • Police or conservation officer may arrest without warrant if necessary for anyone's safety.

LLCA s. 32

  • No selling or supplying, or permitting it, to anyone who is or appears to be intoxicated.

Removing persons

  • Licensee/permit holder must not let a person remain if reasonably believed to be there unlawfully, for an unlawful purpose or breaking the law.
  • They or an employee may require the person to leave immediately and remove them using no more force than necessary.
  • s. 45: licensee or employee may require an undesirable person to leave or forbid entry.
  • A person required to leave may not remain or re-enter that day.
  • s. 46: police may order everyone out for a disturbance threatening public safety; licensee must take all reasonable steps to vacate; no re-entry that day unless a police officer authorizes it.
  • s. 47: police may order premises vacated if the Act is being contravened (residents excepted).

LLCA s. 48

  • Police may take a person intoxicated in public to a hospital instead of starting a prosecution.

O. Reg. 746/21 ss. 10, 39 (3), 43 (1)

  • Delivery only to someone not appearing intoxicated.
  • Patron who is or appears intoxicated may not remove (take home) wine.
  • Licensee must not permit intoxication, unlawful gambling or disorderly conduct on the premises or adjacent areas under its exclusive control.

house policies; legal drinking age page

  • Post a sign that management may deny entry to intoxicated or underage people; deny entry to intoxicated people.
  • Staff should know management backs them when they deny service.
  • Upset customer: stay calm, professional and courteous; get a supervisor or manager.

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