By Rachel MacNeill
Ottawa bar owners wish their patrons were more aware of the regulations governing serving alcohol, and some have suggested the government run a public awareness campaign to publicize them better.
“I accept that we operate in a regulated industry,” says John Couse, owner of the Lieutenant’s Pump on Elgin Street, who says he often has problems with the public not understanding his obligations. “All we want is to make sure the rules are known.”
Ontario’s Liquor Licence Act makes it illegal to serve customers to the point of intoxication, or to serve someone who is already intoxicated.
Establishments that violate this can lose their liquor licence for seven to 45 days, or even permanently. Licensees can also be held liable for the later actions of people who became intoxicated at their establishments.
This issue was brought home on Nov. 1, when Carleton University’s popular watering hole, Oliver’s Pub, lost its liquor licence for 40 days.
The Alcohol and Gaming Commission of Ontario (AGCO) suspended the licence after finding drunken patrons in and outside of the establishment on four separate occasions, as well as one case of intoxicated patrons being served alcohol.
“The difficulty that we face is that the public isn’t aware of that obligation,” says Couse. “The public is coming in expecting to drink as much as they want, and it really makes for a difficult working environment.”
In 2005, a court case in Richmond, B.C. held a hotel bar equally liable for damages caused by a drunk driver as the driver himself.
The Supreme Court ruled in 1995 that bars and restaurants have a “duty of care” to ensure that bar owners exercise care when serving alcohol, to ensure that patrons are not a danger to themselves or third parties.
Couse says the pressure to not serve someone to the point of intoxication is a constant worry. “I’m not in a position to say if it’s right or not, but they’ve put the onus and responsibility on the servers of alcohol,” he says. “There needs to be a corresponding campaign for public education so we don’t meet with resistance when we try to fill that.”
Sean Gurmin, assistant general manager at the Heart and Crown on Preston Street, has met his share of resistance. “When I try to kick somebody out, they say ‘I’m at a bar, aren’t I supposed to be drunk?’” he says. “They don’t understand the (legal) liability that we have.”
Campaigns against drinking and driving in the past several years have been a big success in making the general public aware of the dangers of drinking and driving, Couse says.
“What we need now is another campaign that says ‘you shouldn’t get drunk,’” he says. “It would make my life a whole lot easier.” He says the campaign should come from the province.
Gurmin agrees: “The AGCO could do a better job of informing the public, and it would be great.”
Lori Mellor, executive director of the Preston Street Business Improvement Area, says she thinks an awareness campaign would take some of the pressure off businesses.
“It seems a bit ridiculous that the onus is put on the business owner when these people have to be responsible for their own behaviour,’ she says.
“But at the same time, how people behave outside a bar has a real impact on the quality of life of our residents.”
Mellor also says the commission should go beyond awareness and tighten up their legislation.
“The laws have no teeth,” she says. “From our perspective, enforcement has been terrible.”
Despite the success of drinking and driving campaigns, Couse thinks a campaign to encourage less drinking is unlikely.
“I don’t see it happening,” he says. “It’s not black and white, whether someone is drunk or not. And we’re in the business of keeping people happy.”
The alcohol and gaming commission could not be reached for comment about the possibility of a public awareness campaign.