What does "complicity" require to establish liability?

Complicity in the context of liability, particularly in serving alcohol, requires proof of active contribution to intoxication. This means that for someone to be held liable under the doctrine of complicity, it must be demonstrated that they played an integral role in enabling or facilitating an intoxicated person's condition.

Active contribution might include actions such as directly serving alcohol to someone who is already intoxicated or encouraging excessive drinking. This aspect is crucial, as complicity is not merely about being present or negligent but involves a level of involvement that directly influences or exacerbates another person's intoxication.

In contrast, allegations of negligence in serving would focus on a failure to follow responsible serving protocols but do not necessarily indicate active participation. Refusal of service would imply that the individual took steps to prevent further intoxication, which negates complicity. Serving minors is a separate offense with its own legal implications and does not pertain directly to the concept of complicity in intoxication among adults. Thus, establishing liability through complicity hinges on demonstrating direct involvement in contributing to someone's intoxicated state.