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?
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.
- No sign-up
- Every answer explained
- Independent · not a government site
- 18 questions
- Topic drill
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.
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?
- Yes, any opened wine may go home
- No, not for a patron who appears intoxicated
- Yes, if it is carried in a paper bag
- Yes, if the bottle is under half full
A sober patron tries to buy a drink for a friend who is clearly intoxicated. What should the server do?
- Serve it if it is a light beer
- Refuse, since it is for an intoxicated person
- Serve it if the buyer pays cash
- Serve it, because the buyer is sober and paying for it
A patron who was refused service becomes angry and loud. Which response fits AGCO guidance?
- Stay calm and courteous and call a manager
- Refund their tab and serve one more
- Argue until they back down
- Serve them to avoid a scene
Does a patron only have to appear intoxicated for the service ban to apply?
- No, it must first be proved by a roadside breath test
- No, the patron must admit being drunk
- Only if police are present at the time
- Yes, the law covers people who appear intoxicated
What does AGCO suggest posting at the entrance about intoxicated and underage people?
- That management may refuse them entry
- That they get a free first drink
- That they must sign in at the bar
- That they may enter after 11 p.m.
A delivery driver finds that the customer at the door appears intoxicated. What must happen?
- Leave it at the door instead
- The liquor must not be handed over
- Hand it over if the customer is 19+
- Hand it over since it was prepaid
Under the LLCA, to whom is it illegal to sell or supply liquor?
- Anyone who is or appears to be intoxicated
- Anyone who arrived without a reservation
- Anyone who has already had two drinks
- Anyone who is not eating a meal
Where does O. Reg. 746/21 say a licensee must not permit intoxication?
- On the premises and adjacent areas it controls
- Only at the bar counter
- Only inside the building, never on the patio or deck
- Only after midnight
When may a police officer arrest without a warrant someone who is intoxicated in a public place?
- Whenever the person is over 19
- When it is necessary for anyone's safety
- Only after a second warning
- Only if the person drove there and plans to drive home
Staff ask an unruly patron to leave and he refuses. How much force may they use to remove him under the LLCA?
- No more force than is necessary
- Enough force to teach him a lesson
- No force at all; only police may act
- Any force the bouncer decides on
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?
- Serve it but water it down
- Serve it if he agrees to take a taxi
- Refuse, because he appears intoxicated
- Serve it, since he says he is fine
Is it legal to be intoxicated in a place the public is invited to, such as a shopping mall?
- Yes, during daytime hours
- No, the LLCA prohibits it
- Yes, if the person arrived on foot
- Yes, if the person is over 25
When a server refuses service to an intoxicated patron, what support does AGCO say staff should have?
- Permission to serve one more drink
- A rule that only owners may refuse
- Management backing them up
- A cash bonus for every refusal
After police order a bar vacated for public safety, when may patrons re-enter that day?
- After 15 minutes
- As soon as the fight ends
- Once the licensee says it is safe to reopen
- Only if a police officer authorizes it
A patron is told to leave a bar for being disruptive. When may they come back, under the LLCA?
- When the next shift starts
- After 30 minutes
- Not on that same day
- After one hour
What may a licensee or employee do with a person whose presence they believe is undesirable?
- Keep their ID until they pay
- Fine them a set amount
- Require them to leave or refuse them entry
- Hold them in a back room for police
Police order everyone out of a bar because a fight threatens public safety. What must the licensee do?
- Let the regulars stay inside
- Keep serving the patrons who stay until the police leave
- Take all reasonable steps to clear the premises
- Close only the patio area
Instead of charging a person found intoxicated in a public place, what may police do under the LLCA?
- Hand them over to bar security
- Drive them back to the bar
- Give them coffee and let them go
- 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.
Study the Refusing service and removing patrons rules as flashcards →
Other topics
- Training and certificationWho must hold an AGCO Board-approved certificate (servers, bartenders, order-takers, delivery staff, managers, security), the three types of approved programs, five-year renewal and proof of certification.
- Legal age and minorsLegal drinking age 19, minimum age 18 to serve or handle liquor, sale to minors, the parent exception, under-19 entry conditions and the penalties for supplying minors.
- Checking IDWhat counts as valid identification, acceptable ID examples, Ontario driver's licence features, spotting fake ID, when ID must be inspected and how to refuse politely.
- Alcohol and the bodyStandard drinks in Canada, how the body absorbs and removes alcohol, factors that speed intoxication, alcohol poisoning signs and Canada's Guidance on Alcohol and Health.
- Recognizing intoxicationThe AGCO signs of intoxication from alcohol, cannabis or other drugs: speech, motor control, alertness, eyes, breathing, tiredness, plus drink tampering and smoke-free rules.
- Preventing intoxicationMonitoring patrons by stage, offering food and non-alcoholic drinks, checking at the door, drinking games, bottle service, last call and pricing of non-alcoholic options.
- Liability and penaltiesCivil liability under section 52 of the LLCA, fines and jail for offences, AGCO monetary penalties and the wider legal risk of over-serving.
- Hours of sale and serviceService hours of 9 a.m. to 2 a.m., New Year's Eve, the 45-minute clean-up, clock changes, airports, retail, delivery, takeout and permit hours.
- Pricing and promotionsImmoderate consumption, minimum drink prices and standard serving sizes, banned drink deals, uniform pricing, complimentary drinks, contests, substitution and posted drink lists.
- Running licensed premisesCapacity, posting the licence, the Sandy's Law sign, buying liquor from the LCBO, illegal liquor, bring-your-own-wine, takeout and delivery with food, police access, drugs, noise and inspections.
- House policies and incident logsWritten house policies, incident logs, staff drinking, emergency numbers, safe transportation plans, handling fights, signs of drug activity and preparing for an AGCO inspection.
- Impaired driving and carrying liquorOntario's 0.08 and warn-range limits, zero tolerance for young and novice drivers, roadside penalties, carrying liquor in a vehicle or boat and where liquor may be consumed.