Navigating Complexities: How Bartenders Can Responsibly Handle Intoxicated Patrons

Navigating Complexities: How Bartenders Can Responsibly Handle Intoxicated Patrons

Restaurants and bars confront unique risks and legal challenges, especially when serving alcohol. For establishments that pour drinks and serve up good times, vigilance is key. From understanding when to halt service to recognizing the signs of intoxication, bartenders are on the frontline of managing customer safety and maintaining a positive atmosphere.

When Does a Bartender Have the Right to Refuse Service to a Patron?

Every experienced bartender will encounter a moment when it’s necessary to refuse service to a patron. Legally, there are a few legitimate reasons to deny a customer another round, including:

• Patrons under the legal drinking age
• Customers showing signs of overconsumption or visible intoxication
• Individuals displaying unruly or disruptive behavior
• People who are harassing staff or other patrons
• Establishments reaching maximum capacity for safety standards

These guidelines ensure a safe environment for everyone present and can protect the establishment from potential legal issues.

Steps for Refusing Service to a Patron

Once a bartender spots an issue, the first step is to act carefully and involve a manager. Slowing down service, perhaps by offering water or food, can help avoid confrontation and ease the situation. For serious concerns, always consult a manager. At no point should an intoxicated person attempt to drive, and if a patron has been overserved, involving a manager early can ensure the best course of action is taken.

What to Say When Refusing Service

Refusing service doesn’t need to be confrontational. If possible, avoid cutting someone off in front of others, as this can escalate the situation. Politely ask the customer to step aside with the manager and calmly explain the decision without blame or aggression. Keep it straightforward: “I think it’s best to call it a night. We won’t be serving you any more drinks. Do you have a ride, or can we arrange one for you?” From there, instruct bartenders not to serve that patron further, and avoid negotiating. Staying calm and collected can prevent misunderstandings and hostility.

Recognizing Signs of Intoxication

Bartenders should be familiar with the warning signs of intoxication, such as:

• Slurred or agitated speech
• Loud behavior or rapid ordering of drinks
• Unsteady movements or stumbling
• Spilled drinks
• Drowsiness or a bloodshot appearance

Recognizing these signs can help bartenders make informed decisions about whether to serve a patron another drink.

The Right to Refuse Service: Boundaries and Protections

The right to refuse service comes with important boundaries. Under the Civil Rights Act of 1964, businesses may not refuse service based on:

• Race, color or nationality
• Religion or creed
• Gender, sexual orientation or age (unless a minor)
• Disability, pregnancy or genetic information
• Veteran status

Bartenders and managers should familiarize themselves with federal law and additional protections under state laws to ensure their right to refuse service is exercised lawfully and ethically.

The Consequences of Over-Serving Customers

Bartenders who serve visibly intoxicated patrons risk exposing their establishment to legal repercussions. Many states have Dram Shop laws, which allow establishments to be held legally accountable if an intoxicated patron causes harm or death due to over-service. As such, a bar or restaurant can face both criminal and civil liability. Dram Shop liability laws underscore the critical need for responsible alcohol service and highlight the importance of training.

Regular Training: A Crucial Safeguard for Businesses and Employees

Ongoing training for bartenders and staff is essential in mitigating these risks. Society Insurance partners with ServSafe to provide discounted training opportunities for policyholders, which includes specialized alcohol service training. Training empowers employees to handle potentially volatile situations with care and confidence, creating a safer environment for patrons and staff.

For more information on managing risks in your establishment, visit Society Insurance’s risk management library.

Society Insurance was recently named in the Business Insurance Best Places to Work in Insurance 2023 program, which recognizes employers for establishing exceptional workplaces where employees can thrive, enjoy their work and help their companies grow. The company is known throughout the industry as a leader in providing superior restaurant and bar insurance, custom-tailored to fit each operation's unique needs. To learn more, visit societyinsurance.com/georgia.

This information is provided as a convenience for informational purposes only and does not constitute legal or professional advice. It is provided to assist you in recognizing potential unsafe work problems or conditions and not to establish compliance with any law, rule or regulation.