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An Effective Approach to RBS

The goal of a RBS program like Serving It Right is to reduce alcohol-related problems. An effective approach involves the entire staff working together to create and enforce the establishment’s house policies, including techniques to prevent service to underage and intoxicated patrons. An effective RBS program includes intervention techniques to help you manage your duty of care to patrons, other customers and the public.
House policy
A house policy provides licensees, managers and staff with the procedures and practical tactics appropriate for use in different alcohol-service situations. The success of your efforts to promote responsible service depends to a large extent on these written policies. Writing policies down illustrates their seriousness and encourages careful deliberation by all staff. Written policies also make everyone's role clear in administering them.
House policy and the licensee's duty of care
Much of this section deals with the development and implementation of a house policy tailored to the needs and circumstances of your establishment.
- As you review it, keep in mind what you learned in Section 3 about your legal duties in serving alcohol.
- When creating a house policy, create the procedures that you will use to make sure that you satisfy those duties.
- By proper and consistent implementation of your house policy, you ensure responsible beverage service, and shield your establishment from unwanted lawsuits.
Serving It Wrong
The case: LaFace v. McWilliams (2005, B.C. Supreme Court)
The circumstances: A very intoxicated patron drove away from a pub and injured several people in a serious motor vehicle accident. A friend of the patron had warned the doorman that the patron intended to drive but nothing was done to stop him. At trial, the owner gave evidence that all of the employees were required to be certified by the Serving It Right program and that the establishment had a zero tolerance policy for violations of the Liquor Control and Licensing Act. The evidence revealed that there were numerous instances of violations and the Court concluded that although the employees were familiar with the Serving It Right manual, they did not enforce the program at all.
The decision: The licensee was held 50% liable for the injuries to the people injured by the intoxicated patron.
The lesson: Knowledge of the Liquor Control and Licensing Act and staff with Serving It Right certificates are not enough for a licensee and its employees to avoid liability. All staff should be familiar with the principles of responsible beverage service as well. What is most important is that there is a system in place 'a house policy' so that these principles are implemented. This is the only way a licensee will be able to fulfill its duty and prevent harm coming to the public as a result of over-service of alcohol. The LaFace case demonstrates the importance of having well-trained staff who implement a well thought out house policy.

