Many events provide food or liquor to participants, and an understanding of what the law says about their service is important to event managers.
Food must be of saleable quality and fit for human consumption. It must not contain foreign objects, poisons, or diseases. The law applies a high standard of care on the food service industry and applies such legislation as The Food and Drugs Act, The Sale of Goods Act, and various municipal bylaws.
The liability associated with the sale of alcohol is complex. Liability may be found at least four ways:
- Under the Criminal Code of Canada,
- Under the Liquor License Act,
- Under provincial liquor licence acts, or
- Under common law.
As well as not serving liquor to underage persons, liquor service establishments in Canada have the obligation to not serve alcohol to someone who is intoxicated or will become so. The legal trend is to increase the responsibility of such establishments to manage how alcohol is served because of their "superior knowledge" about the effects of alcohol. The intoxicated guest who drives home represents the greatest liability risk to the serving establishment.
"Bring Your Own Wine," where patrons may bring their own wine to a restaurant, is available in Quebec, Alberta, and New Brunswick, as well as in Australia and several American states. Ontario is presently looking at similar legislation.
The following web resources will help you complete the learning outcomes for this Food and Alcohol Overview:
- Model Alcohol Management Policies: A Guide to Responsible Business Practices for Fairs & Special Events,http://www.abc.ca.gov/FORMS/ABC620C.pdf
- Being Sued Can Ruin a Good Party: The Rise of Alcohol-Related Liability,http://www.apolnet.ca/infopacks/controls/lic/LLA-SummaryofSections.pdf
- APOLNET, Alcohol Policy Network, http://www.apolnet.ca/AboutUsHome.html
- City of London, Ontario Alcohol Risk Management Policy,http://www.london.ca/CommunityServices/Events/alcohol.htm
- City of Grand Prairie Alcohol Management Policy,http://www.cityofgp.com/citygov/dept/cityclerk/policy/proc207-1.htm
- British Columbia Food Products Standards Act, http://www.qp.gov.bc.ca/statreg/stat/F/96153_01.htm
- British Columbia Liquor Control and Licensing Act, http://www.qp.gov.bc.ca/statreg/stat/L/96267_01.htm
- Alberta Gaming and Liquor Commission, http://www.aglc.gov.ab.ca/
- Newfoundland and Labrador Detention of Intoxicated Persons Act,http://www.hoa.gov.nl.ca/hoa/sr/table_of_public_statutes/tableofpublicstatutes_d21.htm
- Newfoundland and Labrador Food and Drug Act,http://www.hoa.gov.nl.ca/hoa/sr/table_of_public_statutes/tableofpublicstatutes_f21.htm
- Newfoundland and Labrador Liquor Licensing Regulations,http://www.hoa.gov.nl.ca/hoa/regulations/rc961162.htm
- Prince Edward Island Liquor Control Act, http://www.gov.pe.ca/law/statutes/pdf/l-14.pdf
- Prince Edward Island Liquor Control Act Regulations, http://www.gov.pe.ca/photos/original/lcc_regulations.pdf
- Nova Scotia Alcohol and Gaming Authority, http://www.gov.ns.ca/enla/agd/
- New Brunswick Liquor Control Act Regulations, http://www.gnb.ca/0062/PDF-regs/89-151.pdf