SMART TACTICS

Every shift , bartenders must create a welcoming environment , while keeping patrons out of harm ’ s way . Excessive drinking can lead to verbal altercations on-site , physical harm to oneself and others , not to mention widespread issues once a patron has left an establishment .

Here are a few tips on how restaurants and bars can avoid over-serving guests .

UNDERSTAND YOUR STATE ’ S DRAM LAWS . Local authorities establish and enforce laws regarding the sale and consumption of alcohol . So the specific guidelines as to who can sell , purchase and consume alcohol and under what conditions ( and the punishments for violation ) vary widely across jurisdictions .

Failure to manage the commercial sale of alcohol could threaten the success of a business due to increased liability exposure , both criminal and civil .

A variety of laws and regulations could impact a business in relation to alcoholic beverages . One is a Dram Shop Act that may allow third parties or others to recover for damages caused by alleged over-service of alcohol .

Currently 43 states and the District of Columbia have some sort of dram shop law in effect . Those states without dram shop laws are Delaware , Kansas , Louisiana , Maryland , Nebraska , Nevada , South Dakota and Virginia .

In addition to Dram , some states allow for the criminal prosecution of servers in cases where the alleged over-service caused damage to property or injury to people . Failure to follow the appropriate laws and regulations for your business could result in fines , jail , license revocation and / or bad publicity .

DON ’ T BE AFRAID TO REFUSE SERVICE . Make sure your bartenders know when to stop serving patrons . Potential signs of an intoxicated person include loud or agitated speech , ordering drinks rapidly , slurred

PHOTO CREDIT : © DRAZEN - STOCK . ADOBE . COM speech , stumbling , spilling drinks , appearing drowsy , aggressive behavior and / or blood shot eyes .

But don ’ t cut anyone off in front of others if you can help it . The manager should request the person to accompany him or her off to the side or a somewhat quieter place to break the news . Always take a buddy for this task and keep it calm and state the facts . Do not be accusatory or aggressive , and don ’ t negotiate .

DOUBLE DOWN ON CONFLICT RESOLUTION The cost of a bar fight claim ranges from a few hundred dollars for some altercations to up to several million dollars for a single altercation . Recommended conflict resolution techniques include :

Capable door staff . The door staff are among the first that have the task of determining if guests are of a proper age to enter and do not show signs of intoxication .

They can also monitor for conflicts that may already be developing between customers before they enter . The actions you take at this point can resolve a potential conflict before it ever arrives .

Closely monitor alcohol service . Bartenders can help minimize the risk of a conflict developing by monitoring alcohol service using drink-counting methods , observing patron physical and cognitive behaviors , pouring accurately measured drinks to avoid over-service , and employing a good cut-off policy .

Remain vigilant , especially during peak hours . Security and floor staff get the best view of what might be bubbling up throughout the night . This is when good conflict resolution skills can help to step in , de-escalate and manage the situation .

Don ’ t overlook implementing good policies and procedures for the staff to act on , such as a strong cut-off policy , effective ID and non-entry policy , patron ejection policy , training and exercise for emergency situations , use of force policies and more . Provide regular training to ensure the staff have a clear understanding .

OBTAIN LIQUOR LIABILITY INSURANCE . Liquor liability insurance is critical for costly claims and litigation that arise because of alcohol service and damage or injury caused by an intoxicated person . Even if your bar is not liable in these complicated situations , your legal defense costs can add up quickly .

Preparation , good policies and training help to minimize incidents all year long . The steps can empower you and your staff to safely address challenges that arise during throughout the year .

Shelby Blundell is a risk control representative at business insurance provider Society Insurance .

By Shelby Bundell

14 • Winter 2022 www . cheersonline . com