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Why Isn’t the Serve Smart Course Mandatory for Bar & Restaurant Staff?

January 21st, 2009

On July 3rd a car crash and drowning led to the deaths of Tyler Mulcahy, 20, Cory Mintz, 20, and Kourosh Totonchian, 19. According to law enforcement, alcohol and speed were factors in this tragedy. The worst part is that this disaster could have been avoided with education and training. Over a period of 3 hours Tyler, Cory, Kourosh, and a female friend who survived the crash were served 31 drinks at the Lake Joseph Club in the Muskoka’s after which Tyler Mulcahy got behind the wheel of a car and changed the lives of 4 families for ever.

A total of 34 charges have now been laid against Clublink Corporation and its officers for allegedly allowing drunkenness and continuing to serve apparently intoxicated individuals. Only the beverage manager and 2 bar tenders were actually there on the day that the tragedy occurred. In case you think that this can’t happen, there is a law in place that states that an establishment can be held responsible if there are consequences resulting later from over-served alcohol. If Clublink is found guilty, the maximum penalty they could face is $250,000. Individuals found guilty could be fined up to $100,000, and/or be imprisoned for up to one year. The Lake Joseph Club could have its liquor license suspended or revoked, with no option to reapply for two years.

I would like to know if the beverage manager and bar tenders had taken Smart Serve Ontario training http://smartserve.org/about_us.asp. Smart Serve Ontario is a non-profit organization that provides responsible service training programs to anyone who serves alcoholic beverages or works where alcohol is served in Ontario. Were the people who served 4 young people 31 drinks in 3 hours thinking of anything else than setting a new sales record or getting a very big tip from a bunch of rich kids? The law is in place and someone must be responsible. The question now is does the law have teeth?