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Guide · Intoxication

Signs of intoxication

In Ontario it’s against the law to sell or serve liquor to anyone who is or appears to be intoxicated. Spotting the signs early lets you slow things down before you have to cut someone off. This guide follows the AGCO’s own information sheet.

The signs to watch for

People react differently, and signs can show up in any order or in clusters. One sign alone doesn’t confirm intoxication, so keep watching.

Paraphrased from the AGCO information sheet on recognizing intoxication.
SignWhat it looks like
Speech volumeMuch louder or softer than the situation calls for, or swinging between the two
Speech paceToo fast, too slow, or switching between rushed and slow
SlurringStumbling over words or running them together
Fine motor controlFumbling with money, cards, phones or paper; misjudging distance
Gross motor controlSwaying, stumbling, bumping into people or furniture, arms out for balance
AlertnessSlow to respond, losing the thread, needing questions repeated
SweatingMore than the room temperature explains
EyesBloodshot; with cannabis, possibly eyelid tremors or dilated pupils
BreathingSlower or shallower than normal
TirednessDrowsy, heavy or closed eyes, a fixed or glassy stare

Alcohol and cannabis are both depressants, and many signs look the same. It’s fair to ask a guest whether they’ve eaten, or have been drinking or using cannabis somewhere else.

What to do at each stage

  1. 1

    First signs

    Keep a close eye on the guest. Offer food, water and low- or no-alcohol drinks to slow things down.

  2. 2

    A few signs

    Keep monitoring closely and keep steering them toward food and lower-alcohol or non-alcoholic choices.

  3. 3

    Multiple signs

    Stop serving alcohol, whatever the circumstances. Make sure they have a safe way home, and call police if necessary.

How to stop service without a scene

  • Be discreet, calm and polite. Speak to the guest, not about them.
  • Make it about the law, not the person: you can’t serve someone who appears intoxicated.
  • Offer water, a non-alcoholic drink or food.
  • Tell your manager and the rest of the team so no one else serves them.
  • Help with a safe ride: a sober friend, a taxi or transit. If they insist on driving, call police.

Why it matters

  • The licensee must not permit intoxication on the premises or in adjacent areas it controls (O. Reg. 746/21, s. 43).
  • If someone is served to the point of danger and then injures someone, the injured person can claim compensation from the seller (LLCA, s. 52).
  • Door staff should refuse entry to anyone who already appears intoxicated.
  • Delivered liquor can only be handed to someone who doesn’t appear intoxicated.

Prevention beats refusal

  • Market food, including low-cost snacks, and promote non-alcoholic drinks at good prices.
  • Limit the number of drinks sold to one person at a time and discourage drinking games.
  • Have a separate policy for bottle service: pour spouts and staff or security nearby.
  • No drinking on the job, for staff or managers.

Questions people ask

+What are the signs of intoxication for Smart Serve?

Changes in speech (volume, pace, slurring), poor fine and gross motor control, low alertness, sweating, bloodshot eyes, slow breathing and tiredness. Watch for clusters; one sign alone isn’t proof.

+Can I serve an intoxicated guest if they have a ride home?

No. The law bars serving anyone who is or appears to be intoxicated, whatever their plans to get home.

+Who is responsible if an intoxicated guest causes harm?

Under section 52 of the Liquor Licence and Control Act, 2019, people injured by an over-served guest can claim compensation from the seller whose employee served the liquor.

Sources

Updated October 26, 2026. Not affiliated with Smart Serve Ontario or the Alcohol and Gaming Commission of Ontario (AGCO).

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