By Brother Jamie Taylor, M.M.
Liabilities and Rights
Throwing a house party and serving alcohol can put a homeowner at risk of civil liability, a law suit from an insurance company, if someone is assaulted, harmed, or leaves the party drunk and drives causing property damage, injury or death. It can put your home insurance at risk and your financial stability at risk. It can also involve criminal liability or criminal court proceedings insofar a criminal negligence for over serving alcohol. This is known as Social Host Liability.
As a home owner you have a responsibility for the safety of guests and right to demand a guest leave your premises at any time for any reason. If they don't leave they are trespassing.
Intoxication is not a legal defense for disruptive or criminal behaviour. If you create a disruption, damage property, assault, or kill someone while you are intoxicated you will be held criminally and civilly responsible. If convicted under the Criminal Code, Highway Traffic Act or Provincial Offences Act you can be fined or jailed or both. If you are sued in Civil Court and Judgment is brought against you, you will be responsible for monetary compensation.
Serving Alcohol
Alcohol makes people vulnerable. It reduces inhibitions, impairs judgment, provokes depression, anger and aggravates our negative side. Don't serve alcohol at peace talks.
For large gatherings it may be worth assigning a responsible person to a bar area who has recent Smartserve training. Smartserve can be obtained online. It will allow a responsible person or persons to monitor alcohol consumption.
Serve food and have water, coffee, tea, juice and soft drinks. Food will slow the absorption of alcohol and prevent rapid intoxication. It will not prevent intoxication.
Try to stick to wine and beer at 5 to 12 per cent alcohol volume. Most hard alcohol is 40 per cent alcohol volume and people can become more severely impaired in a shorter amount of time.
Segregate children and pets away from the area where alcohol is being consumed.
Limiting Risk to Guests and Dealing with Conflict
Don't invite people to the party that don't get along or have a "beef" with each other. Don't invite people that are habitually aggressive or violent, or that have been convicted of impaired driving or may be under a Court or Probationary Order to not consume alcohol.
If someone is undergoing a stressful, self-destructive or unhappy period of their life, alcohol is not going to help them.
Verbal conflict will most likely lead to physical violence when alcohol is being served. If people are being obnoxious toward one another ask them to leave and have someone who has not been drinking drive them to their home.
Things may calm down for a time but will inevitably re-escalate.
If a physical confrontation is imminent or erupts, have six to eight people form a two sided barrier between the individuals. Demand that they leave, escort them separately to a vehicle and have someone who has not been drinking drive each of them home separately.
Keep the adversaries separate and out of sight from one another when removing them from the premises
Use of force and excessive force. Unlawful confinement. Assault and battery. Do not handcuff anyone, hit anyone, taser anyone, bind them with duct tape or administer drugs. Do everything you can to prevent physical harm to yourself, your guests, and the people you are removing from the party. You have the right to block or deflect punches or restrain people as long as you don't harm them or confine them or otherwise tie them up.
Never challenge a drunk person. They will escalate. Don't tell them to calm down, it is a confrontation that may cause them to escalate. Avoid touching them, however gently. Simply tell them that they've had too much to drink and you're driving them home to sleep it off.
Coffee will not help. The alcohol is infused in the blood stream and can take between 3 and 36 hours to leave the blood depending upon many factors.
Have someone prepared to phone police. Always mention that if they don't cooperate that you will involve the police.
If the adversaries are escalating, uncooperative, violent then call the police. The police may send several officers and take statements from the home owner and guests.
Don't let anyone who is intoxicated drive away from the party. If someone is not driving but is severely intoxicated have them stay over, or have someone sober escort them home.
Signs of Intoxication
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• glassy eyes
• bloodshot eyes
• slurred speech
• alcohol on breath
• problems with balance and coordination
• difficulty holding their head straight
• sudden bursts of anger or sadness
• out of character behaviour such as swearing or inappropriate sexual conduct or sexual language
• obnoxious behaviour, insults and threats
Masonic Behaviour at Parties Where Alcohol is Being Served
As Freemasons we are to exercise restraint, dignity, self-discipline, good judgment, and self-respect whether in Lodge, at work, in public and at home. In the event where we over-indulge and become intoxicated we still must behave as Gentlemen and Masons. We should refrain from criminal behaviour, obnoxious behaviour, offensive behaviour, adulterous behaviour, insulting or provoking others, or fighting. We should not drive impaired. It hurts our personal reputation and the reputation of Freemasonry.
The following sections refer to Masonic Behaviour and Offences as defined in Constitution of the Grand Lodge of A.F. & A.M. Of Canada in the Province of Ontario
Part IV. Rules Respecting Trials for Masonic Offences, Masonic Offences defined section 410, subsections (l) and (m) and section 423 "Punishment."
Part VI. The Charges of a Mason, subsection (1) "Of Behaviour" and "Summary of the Ancient Charges and Regulations."
Woodville, Ontario, May 9, 2017
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