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Q&A - Drinking Alcohol in a Limousine

Thu, 2009-05-21 08:01 — DriveSmartBC

Q&A ImageI drive stretch limousine part time. One of the attractions of renting a stretch limo is for the customers being able to relax in the rear having a social drink in relative privacy (because the windows are heavily tinted and the barrier can be up to separate the driver from the guests) while a professional chauffeur cruises them around. I am wondering how legal such a scenario is and if the driver, limo company or the drinking riders in the back can be charged if stopped by an officer of the law?

I am fairly comfortable with the above situation but one that makes me very uneasy is to be hired to transport a half a dozen young people around, liquor is present, and the majority of them are under the legal drinking age. Again, who is responsible in such a case: the driver, the limo owner or those in the back that are over 19 and are drinking with the minors?

In both cases the liquor is brought on board by the customer so the driver nor the limo owner do not supply the booze. A small table and glasses are provided in the back to enable the customers to enjoy their refreshments, either non-alcoholic or otherwise.

Comments

Thu, 2009-05-21 08:15 — DriveSmartBC

Answer

The British Columbia Liquor Control and Licensing Act is the law in this situation:

Liquor in motor vehicle

44. (1.) In this section:
"motor home" has the same meaning as in the Motor Vehicle Act;
"motor vehicle" has the same meaning as in the Motor Vehicle Act, and includes an all terrain vehicle as defined in the Motor Vehicle (All Terrain) Act.
(2.) Subject to subsection (3), a person must not drive or otherwise exercise control over the operation of a motor vehicle, whether or not it is in motion, while there is liquor in the person’s possession or in the motor vehicle.
(3.) Subsection (2) does not apply

(a) if the liquor is in a container that is unopened and has an unbroken seal,
(b) if the liquor is being transported or used in accordance with a licence issued under this Act, or
(c) in any other case, if the motor vehicle

(i) is a motor home and the liquor is kept in a cabinet away from the driver’s area,
(ii) is a station wagon or hatchback and the liquor is behind the rear seat, whether or not that seat is in an upright position,
(iii) is a pickup truck and the liquor is in an exterior compartment, a space designed for the carriage of baggage or parcels or any other location that is not readily accessible to any person in the motor vehicle,
(iv) is a motorcycle and the liquor is not readily accessible to the operator, or
(v) is not one referred to in subparagraphs (i) to (iv) and the liquor is in the trunk or space designed for the carriage of baggage or parcels.

This would make it an offence where the driver of the limousine could be charged if the passengers in the back were consuming liquor, whether the driver was aware of the fact or not.

The passengers would be liable as well:

"public place" includes
(a) a place, building, passenger conveyance, boat or land to which the public resort or are permitted access, and
(b) a motor vehicle located on land to which the public resort or are permitted access;

Consumption of liquor in public

40. (1.) Except for liquor purchased and consumed in accordance with a licence that permits consumption in a public place, a person must not consume liquor in a public place.
(2.) Despite subsection (1), but subject to terms and conditions approved by the general manager not inconsistent with this Act and the regulations, a public beach, public park or public campground, or part of it, may be designated by

(a) an order of the government of Canada or of British Columbia, or
(b) a bylaw of a municipality or regional district having jurisdiction over it as a place where liquor may be consumed.

(3.) Subsection (1) does not apply to a place designated under subsection (2).
(4.) This section does not affect section 41, and subsection (2) does not apply to an offence under section 48 (1) in respect of a contravention of section 41.

Both the driver and any minors would also be in contravention of this section:

Supplying liquor to minors

33 (1) A person must not

(a) sell, give or otherwise supply liquor to a minor,

(b) have liquor in his or her possession for the purpose of selling, giving or otherwise supplying it to a minor, or

(c) in or at a place under his or her control, permit a minor to consume liquor.

(2) Subsection (1) does not apply if liquor is

(a) given to a minor by his or her parent, spouse or guardian in a residence for consumption in the residence,

(b) administered to a minor by or under the authority of a medical practitioner or dentist for medicinal purposes, or

(c) given or otherwise supplied to a minor in accordance with the regulations.

(3) A person has liquor in his or her possession when the person has it in his or her personal possession or knowingly

(a) has it in the actual possession or custody of another person, or

(b) has it in or at a place, whether or not that place belongs to or is occupied by the person, for the use or benefit of the person or another person.

(4) If one of 2 or more persons, with the knowledge and consent of the rest, has liquor in his or her possession, it is deemed to be in the possession of each of them.

(5) It is a defence to a charge under this section if the defendant satisfies the court that, in reaching the conclusion that the person was not a minor, the defendant

(a) required that the person produce identification, and

(b) examined and acted on the authenticity of the identification.

(6) A person who contravenes this section commits an offence and is liable on conviction to a fine of not less than $500.

In all instances the offenders would be issued a Violation Ticket.

Reference Link:

Liquor Control and Licencing Act