Recognizing intoxication

By the end of this lesson you can name the signs of intoxication and spot them at a table. Recognition is how you obey the law on every drink you pour.

What the law asks you to see

The Liquor Licence and Control Act, 2019 states the rule in section 32. No person shall sell or supply liquor, or permit liquor to be sold or supplied, to a person who is or appears to be intoxicated.

Read "appears to be" again. The Act does not ask for a blood alcohol number. It asks what you can see, so your eyes need training.

Section 31 of the same Act makes it an offence for a person to be in an intoxicated condition in a place the general public may enter. A police officer may arrest that person without a warrant if the officer thinks safety requires it.

The AGCO information sheet on recognizing intoxication names the duty on the house. A licence holder must not permit intoxication, unlawful gambling, or disorderly conduct on the licensed premises or in adjacent areas under the holder's exclusive control. The sheet cites section 43(1) of O. Reg. 746/21, made under the Act.

The signs, in four groups

The AGCO sheet lists the signs. Sort them by the part of the guest you are looking at.

Appearance:

• Red eyes. Bloodshot to any degree counts. Cannabis may also bring eyelid tremors or dilated pupils.
• Sweating more than normal for the temperature and conditions.
• Breathing that is noticeably slower or shallower than yours, with little air moving.
• Tiredness. Heavy or closed eyes, or a placid, fixed gaze.

Coordination:

• Fine motor control drops. The guest fumbles papers or a phone, or struggles to pick up change.
• Hand-eye coordination declines, so the guest misjudges distance and depth.
• Gross motor control drops. The guest has trouble standing upright or walking a straight line.
• The guest weaves, missteps, or stumbles into people and furniture, or puts hands out for balance.

Speech:

• Volume that does not fit the moment. Shouting for no reason, or whispering with no secret to keep.
• Volume that swings from low to high with no reason to change.
• Pace that races and then slows, or that runs fast or slow all night.
• Poor enunciation. The guest repeats a stumble over one word, or slurs several words together.

Behaviour:

• Alertness drops. The guest takes longer to answer you or to react to events.
• The guest cannot follow what you say, or becomes muddled.
• You repeat a simple question before you get an answer.

The AGCO sheet notes that alcohol and cannabis are depressants. Health Canada says alcohol slows brain function and can affect breathing. Slow speech, slow answers, and shallow breaths come from that one effect.

One sign is not a verdict

A single sign may not necessarily be linked to intoxication, the AGCO sheet says. Signs may appear in any sequence, or arrive clustered, depending on the person.

Health Canada lists what changes alcohol's effect: the amount, how fast the person drinks, gender and age, body size, food, medications that interact with alcohol, past drinking, health, and mood. Two guests can drink the same and show you different faces.

The sheet also puts the cause beyond your bar: alcohol, cannabis, other substances, or a combination. Section 32 does not ask what caused it, only whether the person appears intoxicated.

How to watch a table

The AGCO sheet puts the monitoring duty on the licence holder. On the floor, that work is yours.

Watch across visits, not in one glance. The sheet tells you to stay alert for the development of other signs after the first one. Change over time is what you look for.

Count what you served, in standard drinks, the way lesson 1-1 taught. A tall craft can is not one drink.

Read the guest before the first order. The sheet tells you to chat with customers first: have they eaten, and have they been drinking elsewhere or using cannabis? That read gives you the person's normal for the night. Steady hands at 8 p.m. and a fumbled phone at 10 p.m. is a change, and the change is your signal.

When the signs add up

The AGCO sheet sets three levels, each with a fixed answer.

• One sign: monitor the guest and stay alert for more. Make food, water, and low-alcohol or non-alcoholic drinks available.
• A few signs: keep monitoring closely. Offer or serve food, water, and low-alcohol or non-alcoholic drinks to slow the drinking down.
• Multiple signs: stop serving alcohol to that guest under any circumstances. Manage the intoxication to lower the chance of injury or damage: make sure the guest has a safe way home, and call the police if needed.

Once the signs pile up, you are past the question of whether to act. What is left is which action, and how to carry it out. Lesson 4-2 trains that part.

The trap to expect on the test

The test likes to raise your burden of proof. An option may tell you to wait until you are sure the guest is drunk. Section 32 says "is or appears to be intoxicated", so appearance is enough.

The test also plays the tab against the signs. A guest with two drinks on your tab may have been drinking elsewhere, or using cannabis. Your count is evidence. The signs decide.

Watch the number of signs in the question. One sign points to monitoring and offering food, water, or non-alcoholic drinks. Multiple signs point to ceasing service, with no exception for a regular or a friend.

Expect a question about the order of signs. There is no set order.

Recap

• Section 32 of the Liquor Licence and Control Act, 2019 forbids selling or supplying liquor to a person who is or appears to be intoxicated. Appearance is the legal test.
• Section 31 makes it an offence to be intoxicated in a place the public may enter. The AGCO sheet cites section 43(1) of O. Reg. 746/21 for the licence holder's duty not to permit intoxication.
• The signs cover appearance, coordination, speech, and behaviour. They appear in any sequence, or in a cluster.
• A single sign may not necessarily be linked to intoxication. Monitor, offer food and non-alcoholic drinks, and compare the guest to how they were earlier.
• Multiple signs mean you cease serving alcohol under any circumstances, and see the guest home safely.