Appendix 1: Legal References
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1 : Legal References Appendix A number of references are made to the Criminal Code of Canada, the Alberta Gaming and Liquor Act and the Alberta Gaming and Liquor Commission s Licensee Handbook. Familiarity with these documents and knowledge of how these laws can affect you will prove invaluable to doorpersons and managers in the hospitality and liquor industry. The following is a selection of relevant excerpts to use as a reference: Alberta Gaming and Liquor Commission Licensee Handbook (as of April 1, 2007) Occupant Load The Maximum occupant load of licensed premises will normally be established in accordance with the Fire Code, (Certificate of Occupant Load) and must not be exceeded by the total of all individuals on the licensed premises (staff included). Patron Management The licensee must manage patrons. This includes: a) prohibiting the unlawful entry of minors; b) refusing liquor service and consumption of liquor to persons who appear to be intoxicated or under the influence of drugs; c) prohibiting persons who appear to be intoxicated or under the influence of drugs from playing a gaming activity or provincial lottery which is conducted on the licensed premises. d) refusing liquor service and removing individuals whose behaviour becomes quarrelsome, riotous or disorderly, and/or who are involved in illegal activities, such as drug dealing; e) considering barring entry of individuals who have been removed from the premises repeatedly. At the request of the Board, the licensee will provide full particulars on the circumstances surrounding the removal or barring of an individual; and f) cooperating with police authorities Licensees must keep the entry doors to their premises open and accessible to Inspectors and Police Officers when patrons are present. A1-1
2 Unruly Patrons A licensee must hire trained and competent staff in adequate numbers and ensure the premises are under competent and approved management. All licensed premises must be properly staffed and supervised during all operating hours. If police help is requested, the licensee should be prepared to proceed with charges Licensees are required to maintain a high level of supervision and control in licensed premises. Licensees are responsible for overseeing their business to ensure the health and safety of the people within the premises. Illegal Drug Activities Licensees need to be aware that their premises may be a prime location for drug activities, and therefore consider the following precautions: Minors a) watch for any suspicious actions by staff or patrons on a daily basis. Be aware of the clientele being catered to and the character of your staff It is an offence under the GLA to provide liquor to anyone under 18 years of age in licensed premises A licensee will visibly post a No Minors sign at all access routes to premises with a Class A Minors Prohibited licence and other premises where a condition has been imposed on the licence barring minors Persons of questionable age shall provided identification upon each occasion of entry to minors prohibited premises. To prevent the use of false identification, all customers who appear to be under 25 years of age, should be required to provide identification prior to each entry. Liquor service in licensed premises Licensees will not normally allow on-duty staff to consume liquor or be under the influence of liquor, however, it is acceptable for staff to consume a beverage after the end of a shift, and for the manager/owner to consume a beverage while entertaining a client. Hours of Liquor Sales and Consumption At the end of the consumption period all unauthorized people must leave Class A Minors Prohibited premises. Inspections AGLC Inspectors must be given full and unrestricted access to the licensed premises at any reasonable time, that is, when the premises is allowed to be open or at any time when there are people in the licensed premises. Such access is to ensure compliance with the GLA, GLR, Board policies and federal, provincial and municipal legislation. A1-2
3 Gaming and Liquor Act (GLA) (as of June 1, 2003) Minors on licensed premises 74 (2) No minor may enter or be in any licensed premises if the licence prohibits minors from entering into or being in the licensed premises cg-0.5 s71 Duty to intoxicated person 75.1 No liquor licensee may (a) sell or provide liquor in the licensed premises to a person apparently intoxicated by a liquor or a drug, (b) permit a person apparently intoxicated by liquor or a drug to consume liquor in the licensed premises 2002 c15 s19 Conduct on licensed premises 69 (1) No liquor licensee or employee or agent of a liquor licensee may permit any activity in the licensed premises that (a) is contrary to any municipal bylaw or any Act or regulation of Alberta or Canada, (b) is detrimental to the orderly operation of the premises, (c) may be injurious to the health and safety of people in the premises, or (d) is prohibited under the licence or by the regulations. 69 (2) No person may do anything in licensed premises that (a) is detrimental to the orderly operation of the premises, (b) may be injurious to the health and safety of people in the premises, or (c) is prohibited under the licence or by the regulations. RSA 2000 cg-1 s69;2002 c15 s17 Leaving licensed premises when requested 70 No person may (a) remain in the licensed premises after having been requested to leave the premises by the liquor licensee or an employee or agent of the liquor licensee, or (b) enter licensed premises after having been forbidden to enter the premises by the liquor licensee or an employee or agent of the liquor licensee cg-0.5 s67 Leaving licensed premises 71 (1) Except in those licensed premises prescribed in the regulations, every person other than the liquor licensee and the liquor licensee s employees or agents must leave licensed premises when the sale and consumption of liquor in those premises are required to cease under the regulations or stadium bylaws cg-0.5 s68 A1-3
4 Obstruction of Inspector 99 No person my hinder, obstruct or impede an inspector in the performance of the inspector s duties or in the exercise of the inspector s powers cg-0.5 s96 Duty of persons directing work (duty of care) Criminal Code of Canada Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task. 2003, c.21, s.3 Defence of house or real property 41. (1) Every one who is in peaceable possession of a dwelling-house, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or remove a trespasser therefrom, if he uses no more force than is necessary. R.S., c. C-34, s. 41. Protection of persons acting under authority 25. (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law (a) as a private person, (b) as a peace officer or public officer, (c) in aid of a peace officer or public officer, or (d) by virtue of his office, is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do so and in using as much force as is necessary for that purpose. R.S., 1985, c. C-46, s. 25; 1994, c. 12, s. 1. Use of force to prevent commission of offence 27. Every one is justified in using as much force as is reasonably necessary (a) to prevent the commission of an offence (i) for which, if it were committed, the person who committed it might be arrested without warrant, and (ii) that would be likely to cause immediate and serious injury to the person or property of anyone; or (b) to prevent anything being done that, on reasonable grounds, he believes would, if it were done, be an offence mentioned in paragraph (a). R.S., c. C-34, s. 27. A1-4
5 Excessive force 26. Every one who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess. R.S., c. C-34, s. 26. Arrest without warrant 494. (2) Any one who is (a) the owner or a person in lawful possession of property, or (b) the person authorized by the owner or by a person in lawful possession of the property, May arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property. Delivery to peace officer 494. (3) Any one other than a police officer who arrests a person without warrant shall forthwith deliver that person to a peace officer. R.S., c. C-34, s. 449; R.S., c. 2(2 nd Supp.), s. 5. A1-5
- L iq uor to in to xica ted cus tomers - R e mo va l o f l iq u o r fr o m p r e mis e s
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