Servers’ Smart Serve struggles

Restauranteur says Smart Serve regulations fall short and don’t protect either staff or patrons. CTV Windsor’s Stefanie Masotti reports.

One local restaurant owner says Smart Serve regulations fall short in adequately protecting both his staff and patrons.

“Smart Serve is a great program but there are some gray areas where things can go wrong,” said Karthikeyan Subramaniam, owner of seven Chuck’s Roadhouse and Grill locations.

As a result, he implemented the “Drink Reduction Rule” at his restaurants, where only three drinks are allowed per person. If a guest wants a fourth drink, the follow needs to be followed strictly, without any excuses:

• Order a food item after third drink.
• The time between the first drink ordered (rang in) and the 4th drink (rang in) in the till should be a minimum of two hours apart.
• A schooner is considered two drinks.
• A pitcher should never be served to one person.
• If you serve a pitcher to two guests, consider it as two drinks per person.

These measures are to protect his business, staff, and customers.

“I’ve been drinking all my life,” said Carlos Pereira, who considers himself a regular at Chucks Roadhouse and Grill.

“I have three to four drinks a day. But you have to be safe.”

“We just want people to get home safe to their families,” said Arianna Belanger, who is Smart Serve certified.

During all shifts, she looks for key signs of intoxication:

• Speech (Is the volume and pace of speech appropriate for setting? Are they slurring words?)
• Physical appearance (Are their eyes red? Are they sweating?)
• Motor Control (Are they spilling drinks?)
• Behaviour (Is their behaviour inappropriate/aggressive?)
• Alertness (Are they alert, drowsy or disoriented?)
• Belanger has other factors to consider:
• Individual Tolerance (What is their body weight and metabolism?)
• Other substances (Could there be a presence of cannabis?)
• Environmental Factors (Is it Game 7 of the NHL championship?)
• Medical Conditions (Some medical conditions can mimic intoxication)

“Let’s be honest, when it’s a busy pack bar and a couple of servers are working, we never know,” said Subramaniam.

“Can I see you walking? You can’t do that. Are we getting two feet close to look at his eyes to see if it changed color? No, that’s not happening. It’s really, really sad that all these response ability falls on a young server or a manager who is running around the store watching over 200, 300 people.”

“It’s not only about earning their income and getting a gratuity it’s about keeping the patrons happy,” said Richard Anderson, executive director of Smart Serve Ontario.

The Smart Serve training program launched in 1995, but the Alcohol and Gaming Commission of Ontario (AGCO) is responsible for enforcing the Liquor Licence and Control Act.

A statement sent to CTV News reads:

“There are clear rules licensed establishments must follow in order to ensure they are operating with integrity and selling and serving alcohol safely and responsibly. That includes rules such as serving only within licensed hours, not serving underage individuals or anyone that appears intoxicated and having staff trained to watch for these potential infractions.”

Some guests don’t support the changes at Chuck’s Roadhouse & Grill.

Karl Cooper said he always arranges a designated driver to ensure his safety.

“They’re going to pick me up and drop me off, so I decide to have three or four drinks. It doesn’t matter because I’m not the one driving,” said Cooper.

“It really is about management, having a conversation with their team members and saying, hey, this is about the safety of our patrons,” said Anderson.

This article is part of a three-part series. Part 3, Legal liability: Servers’ duty to protect intoxicated guests, will air on Friday. CTV news spoke with personal injury lawyer, Greg Monforton, on the legal obligations of establishments serving alcohol, their servers and intoxicated customers who decide to get behind the wheel.