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-- Golf club, employees and directors charged over crash that killed 3
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Originally posted by activate pretty simple... if someone is visibly drunk, make the decision as to what's more important to you. five more dollars, or your livelihood. I defintely don't agree with all the laws regarding serving alcohol, but the fact is.. the law is the law, and it's pretty fucking easy to follow it.

It is not that easy to tell that someone is drunk. Some people handle it better than others. Also, how is a server supposed to know if someone has been pre-drinking before entering the bar? Maybe bartenders should start giving people the breathalyzer. People(adults) need to be held responsible for their own actions and that's where it should end.

quote:

Originally posted by love_child It is not that easy to tell that someone is drunk. Some people handle it better than others. Also, how is a server supposed to know if someone has been pre-drinking before entering the bar? Maybe bartenders should start giving people the breathalyzer. People(adults) need to be held responsible for their own actions and that's where it should end.

when you invite people into your establishment...whether its a business or even your home....you take on a responsibility and a duty of care towards that person. When the product you are selling is a controlled substance then you owe an even higher duty of care. Yes....adults have to be responsible for their own actions....and in this case they are....both the drinkers and the ones serving the drinks are adults....and both have responsibilities.

edit: if the establishment has trained its staff properly then they can make the decision as to whether or not to serve a person. Bars and other establishments should be cutting more people off then they do...unfortunately, the money they can make on sales is greater then the risks....at least in their eyes.

quote:

Originally posted by DigiNut Please, tell me you're joking. You of all people should understand that criminalizing a non-criminal behaviour simply creates more criminals.

To me its a trade off. If we are going to have this crazy way of thinking, lets use it to our advantage to create fewer criminals. Because right now we have 16 criminals that are nothing more than honest citizens IMO.

Something has got to give either way

quote:

Originally posted by love_child It is not that easy to tell that someone is drunk. Some people handle it better than others. Also, how is a server supposed to know if someone has been pre-drinking before entering the bar? Maybe bartenders should start giving people the breathalyzer. People(adults) need to be held responsible for their own actions and that's where it should end.

The test for this charge is intoxication... in order to prove intoxication the crown will need to provide sufficient evidence that the person was intoxicated... this means witness accounts of the person's behavior as no court will accept that someone was intoxicated based on consumption alone. If witnesses can attest to the fact that an individual was visibly intoxicated then surely to god the server should have been able to make that determination as well.

Interesting story in the globe today --
http://www.theglobeandmail.com/serv.../?query=Muskoka

quote:

Originally posted by Skipper Interesting story in the globe today -- http://www.theglobeandmail.com/serv.../?query=Muskoka

This article has many valid points

"Counting drinks is not enough, says J. Randall Barrs, a criminal lawyer who defends licensed establishments facing Liquor Licence Act charges such as these. Patrons may have been pre-drinking, they may have taken a drug that kicks in while they're in your establishment, or have an extremely low tolerance, he says"

There are just too many variables to take into consideration. In the end I still think it is the individuals responsibility.

quote:

Originally posted by love_child This article has many valid points "Counting drinks is not enough, says J. Randall Barrs, a criminal lawyer who defends licensed establishments facing Liquor Licence Act charges such as these. Patrons may have been pre-drinking, they may have taken a drug that kicks in while they're in your establishment, or have an extremely low tolerance, he says" There are just too many variables to take into consideration. In the end I still think it is the individuals responsibility.

Its the individuals responsibility to not drink and drive but its also the establishments responsibility to not serve someone who may be intoxicated.

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