THE GRADUATION

The graduating students of a one-year Dental hygienist program at Maple Ridge College in Southern Ontario have planned a graduating party at a local brewpub.The Hops Pub has a total capacity of 200 guests and a patio, which holds another 75 guests.The graduating class is expecting 175 graduates and guests as well as about 10 faculty members.The pub has decided to give them exclusive access to the entire public portion of the pub, including the patio.The graduating committee signed a standard private party event agreement with the Hops Pub, which consists of all the regulations regarding private functions. This event will include a buffet dinner as well as a welcome beverage tickets for the reception and cash bar service for the evening.The Hops Pub has a standard Ontario liquor license for on premise brewed beer, wine and liquor.On the big day, all participants were dressed in formal wear and the weather was glorious. The party started around 5 p.m. and everything was turning out to be a great success.The committee was aware that although the majority of the graduates and their guests were of age there was a small number of underage participants at the event.The pub staff consisted of four servers to clear plates and restock buffet tables. They had two bars one inside and one on the patio.Each bars had two bartenders and a bar back and the security team consisted of one doorman on the front door one inside and one on the patio, all staff were under the supervision of one manager.The responsibility to I.D. was left to the bartenders.During the reception, many participants took advantage of their free beverage ticket and purchased beverages as well.The extra tickets from non-drinking graduates were made available to a lucky few.After dinner the DJ started the music and dancing which was contained to the inside portion of the pub. Outside on the patio it was getting extremely busy with the majority of the participants going out due to the overwhelming heat inside.Around 11:30 p.m. that evening, Gloria considered the baby of the graduating class as she was turning nineteen the day after the graduation, started acting a little out of control.Typically, Gloria was quiet and withdrawn, this was mainly due to her age but on this night, she had become the life of the party.She was dancing up a storm and at one point; she had set up a make-believe kissing booth and was charging a shot for a kiss. Many of the boys took notice of her and were buying her shots and encouraging her behavior.This made Gloria less popular with the other girl's at the graduation and drew very little concerns for her wellbeing.Shortly after 12:30 am, Gloria became nauseous and made her way to the washroom where she threw up repeatedly.No one came to her rescue as she found herself disoriented and confused. A doorman remembers her leaving alone at approximately 1:30 am heading towards the main road across the dimly lit parking lot behind the pub. Although she was stumbling a little, she did seem to be able to guide herself.Gloria was found the next morning unconscious with contusions and cuts all over her body, she had been sexually assaulted and left for dead in some shrubs at the end of the parking lot. Gloria does not remember anything past vomiting in the women's washroom. Although Gloria made a full recovery, her parents are suing the Hops Pub for damages.

DISCUSS ALL CIRCUMSTANCES FULLY.

1.Write opinion of the incident and list all possible issues that ultimately led to the incident.

2.List the possible infractions that could apply in this case under; tort liability, regulatory liability (Liquor Act).

3.Explain how this event should have been managed in order to avoid or limit liability and possibly prevent this tragic accident from occurring.