4 of 6 local bars tested served alcohol to minors

Post City report reveals a number of Midtown Toronto establishments breaking rules

With marijuana legalization fast approaching, Post City takes a look at how the city is doing in policing underage drinking in local bars and restaurants and if we are up to the task of additional enforcement activities. But Post City recently uncovered that some of the busiest bars in Midtown Toronto served alcohol to underage patrons.

The Liquor Licence Act of Ontario (LLA), requires a server to ask for identification (ID) if the server suspects a person is underage. Provincial law prohibits anyone under 19 years old from being served or sold alcohol.

On Nov. 23, a Post City editor accompanied two 18-year-old students into several bars to see if the establishments would serve them without asking for their IDs.

For the report, Post City staff followed strict rules: No fake IDs were to be used. The minors were supervised at all times by a Post City employee. Alcohol was ordered, and when it arrived, the minors left the table and were not permitted to touch the alcohol. The adult paid the bill and everyone left. Neither participant was coached by any Post City staff as to what to say or how to act.

In December 2010, Post City published a similar report on our area’s busiest bars for a special story on underage drinking. The results showed that 20 percent of the bars served the minors.

Six years later, the results were surprising: 67 per cent failed to ask for proper ID and served an alcoholic beverage to the underage customers.

“These results seem high, but are not all that surprising,” said Robert Mann, of the Centre for Addiction and Mental Health. “We know that most minors close to the legal drinking age do drink, from our student survey data.”

According to Mann, the 2015 survey data showed that 72.4 per cent of Grade 12 students and 67 per cent of Grade 11 students consumed alcohol in the previous year, although only one per cent of underage drinkers in Grades 7 to 12 said that their “usual source of alcohol” was buying it at a restaurant, bar or club.

For our investigation, when the minors arrived at a bar in Bedford Park, they were greeted by a server who gave them a drink menu. Shortly afterwards, the waitress served one a martini and handed the other participant a bottle of beer.

The next establishment, located in Midtown, was practically empty and well-lit. The waiter approached the table and the first question asked was, “Can I get you something to drink?”

The waiter did not bat an eye when both minors placed their beer orders. 

Asking for ID was not a top priority for the server at a bar in Davisville Village. The server didn’t even give our participants a chance to look over the menu before making them aware that the chardonnay on the wine list was unavailable for the night.

Another bar in Leaside served our minors each a tall can of beer. 

Jeff May, the owner of Scallywags Bar & Restaurant (not a bar Post City visited for this report), said the servers and bartenders at his establishment are trained to watch out for underage patrons trying to buy alcohol. This includes making sure they have asked for ID from everyone that joins the table.

“For instance, we might have a group of people come in, all who are of age and order a pitcher of beer. Then an underage friend comes in after thinking they won’t be asked for ID. We watch out for that,” he said.

Ray Kahnert, a spokesperson with the Alcohol and Gaming Commission of Ontario (AGCO) said the results of our investigation surprised him.

In 2015/16, the AGCO conducted more than 26,000 inspections of licensed premises across the province and continued to register an improvement in licensee compliance. 

Kahnert said any establishment that serves or sells alcohol can be visited by a liquor licence inspector.  

“The inspectors are more likely to go to places that are risk-based,” Kahnert said. “If it’s a karaoke bar that operates until 2 a.m. versus a restaurant that closes at 11 p.m., they are not going to be treated equally.”

Kahnert said bar owners have a responsibility to ensure their employees are working within the LLA. “If you want to stay in the business of serving alcohol, everyone working at your establishment has to comply by the law.” 

According to Lesley Smith, executive director of Smart Serve Ontario, any individual who is selling or serving alcohol must participate in a responsible-serving training course and pass a test with at least 80 per cent. 

“As of July 1, 2017, there will be no waiting period. You must be Smart Serve certified before starting your first day on the job,” he said. Today, if an inspector finds a bar has served a minor, the establishment could receive a warning letter, and if they are found to be in violation again, they could be charged and their liquor licence could be suspended or revoked.

In addition, Smith said an individual is also liable and could face charges.

Barry Goldlist, a local parent, said he was disappointed by the results from the Post investigation.

“I’m surprised the bars would take the chance to make a couple of bucks given what the penalties are for serving underage patrons,” he said. “Some of these kids are new drivers. They don’t quite know their tolerance and obviously lack the best judgment.” 

By the numbers
83 – Percentage of Ontario Grade 12 students who admit to using alcohol, according to Teen Challenge Canada.
10 – The percentage (10 to 12.4) of young Ontario drivers in Grades 10 to 12 who said they drove after drinking, according to a Madd Canada survey.
$50K – The maximum fine for a corporation found to be guilty of selling alcohol to a minor.
13 – The age of first exposure to alcohol, and 14 is the age for first intoxication among Ontario Grade 11 drinkers, according to Teen Challenge Canada.
16 – The legal drinking age for fermented drinks, such as wine and beer, in London, England. For distilled alcohol, it is 18.
$60 – The approximate cost of a so-called “novelty” fake ID that can be purchased at stores in downtown Toronto.

Post City decided not to name establishments found to serve minors as the findings indicate the problems are not specific to individual servers but to the industry.

Article exclusive to STREETS OF TORONTO