Case Study

In a local bar called the Spot at about 4:00 p.m. an attractive young lady approaches the bar. The
bartender, Jim, notices her and says, “Hey… and what can I do for you this afternoon?” The young
lady, Dianna, looks Jim in the eye, smiles and says, “Well, I guess if you insist, you could make me a
Cosmopolitan.” “My pleasure,” replies Jim. “Oh… listen I hate to do this, but can I see your ID?”
Dianna answers, “Sure, if you insist. How could a girl resist?” Jim quickly scans the ID. “Dianna,
you’re a long way from home!” She smiles, “Yeah… I just moved here last month. Need to get a new
licence.” Jim is taking a closer look at the ID when Dianna interrupts him, “You from around here?”
Jim looks up. “Yeah, you know the library about a mile north of here?” Dianna responds, “No way!
We’re practically neighbours! You should show me around some time.” Jim responds with a smile.
“That’s what good neighbours are for. That was a Cosmo, right?” “Yeah, thanks” says Dianna.

Dianna returns to her table with her drink. Over the next two hours she drinks three more
Cosmopolitans with her friends, who are also drinking. Just after 6:00 p.m. she walks to the bar and
orders another cocktail from a new bartender, Tony, who has just come on shift. She and her friends,
who are all laughing loudly, drink two more cocktails between 7:00 and 8:00 p.m. Dianna’s eyes look
heavy, and she occasionally nods off. The girls attempt to leave the bar around 8:00 p.m. Tony
notices them leaving and says to Dianna, “Hey, are you OK to drive? You’ve had three Cosmos
tonight.” Dianna looks at the bartender but has trouble focusing, and her eyes are bloodshot. “Yeah,
I’m OK. I’m just going home.” “All right then,” says Tony. “Take care and have a good night.”

Dianna gets in her car with her friends and speeds towards a new nightclub that has just opened. On
the way she hits a curb, loses control of her car and hits another oncoming car.

1. Review Jim’s ID checking technique. What signs did Jim ignore while checking Dianna’s ID, and
what additional techniques could he have used?
ANS:
Out-of-province drivers license; Dianna interrupting Jim while checking ID; did not feel and observe ID
carefully; did not confirm information on ID with Dianna.

2. What could the staff at the bar have done to prevent Dianna’s over-consumption?
ANS:
Staff could have communicated effectively during shift changes, suggested food, slowed down
service, provided a glass of water with the last drinks or sold some non-alcoholic beverages, or
discontinued service.

3. What indications were there of guest intoxication?

ANS:
Loud laughing, nodding off, unfocused vision and bloodshot eyes, number of drinks Dianna consumed
(seven over four hours).

4. What steps could the staff have taken to ensure Dianna did not get behind the wheel and get in
an accident?
ANS:
Promote use of a designated driver; call a taxi or suggest alternative transportation; suggest that she
leave the keys with the staff to pick up the next day. If she did manage to drive away, staff could have
called the police with a description of the car before she gets in an accident.

5. Who might be held liable if Dianna injured or killed someone? Explain why. What legislation might
be referred to in court regarding this case?
ANS:
The staff involved and/or the licensee could be held liable. The staff did not meet their obligations for
the sale and service of alcohol in BC. Always refer to the Liquor Control and Licensing Act (you may
not sell liquor to minors, you must ask for two pieces of ID, and you must not sell liquor to an
intoxicated person) and the BC Occupier’s Liability Act (the duty of care was not met with the patron
and those she may have injured).