WORKPLACE LAW -
Serving Guests Alcohol
Question:
I am a hospitality industry employer on the Peninsula. We serve alcohol at our facility. Unfortunately, we sometimes encounter problems with guests who have consumed too much to drink. Can you give me some guidelines about how to address this situation, and what we should be telling our employees?
Answer:
As you know, alcohol service to the public can involve problems with overconsumption, which can be disruptive to your business and also challenging for your employees. Because of this, it is a good idea to train your employees well when it comes to the service of alcohol. Employees who serve alcohol to guests (e.g., bartenders, waitstaff, and banquet workers) should be trained regarding the identification of intoxicated individuals, their responsibilities regarding the service of alcohol, and how to address a situation in which a guest has consumed too much to drink. For this reason, many employers require their service personnel to go through mandatory “alcohol awareness training,” which teaches their employees how to identify signs of intoxication and how best to intervene if a guest is exhibiting those signs.
Because there is no way for a server to know a guest’s blood alcohol content, servers must know what signs to look for when evaluating whether a guest is intoxicated. Servers should be trained to consider a person’s height, weight, and even gender (women tend to absorb alcohol more quickly than men) when considering whether a guest is consuming too much alcohol. Train your employees to look for physical signs of intoxication such as slurred speech; bloodshot eyes; swaying and/or unsteady gait while walking; difficulty with hand-eye coordination; obnoxious, rude, loud, or otherwise aggressive behavior; and generally impaired motor skills. Make sure that servers who observe this type of conduct know to report the situation and the behaviors to their supervisors, so that the decision can be made to stop serving alcohol to the individual in question.
Servers should also know their legal responsibilities when it comes to serving alcohol, and must be cautioned that any service of alcohol to minors is against the law and is grounds for termination of their employment. In fact, California law makes it illegal to serve alcohol to a minor, and will hold a vendor liable for the minor’s actions if he or she causes injury or death to another person after having obtained and consumed alcohol on the vendor’s premises. For this reason, many employers require their servers to request photo identification from any individual who orders alcohol and who appears to be under the age of twenty-five years old. Train your servers to refuse service to anyone who is known to be a habitual drinker, or to anyone who exhibits signs of intoxication, as service to such individuals is a misdemeanor in California.
With the exception of the rules regarding minors, a vendor is generally not legally responsible for the actions of its alcohol-consuming patrons after they leave the premises. However, you should encourage your employees to use common sense when dealing with intoxicated individuals. For instance, take steps to prevent an intoxicated individual from driving. This can include calling a taxi, or waiting with the individual until his or her ride arrives.
Your alcohol awareness training may also include information regarding proper procedure if a guest becomes uncooperative or abusive. Generally speaking, instruct your servers to report such conduct to his/her supervisor immediately. However, your employees should know that they are free to remove themselves from a potentially volatile situation, and that they can seek assistance from your establishment’s security team (if applicable) or the authorities if the situation warrants such action.
Lastly, your training should acknowledge that situations involving intoxicated guests can be sensitive, and instruct your employees to act accordingly. Train employees to be discreet and polite when dealing with an intoxicated guest, while at the same time assessing and responding to the situation in an appropriate manner so as to ensure the safety of your employees, the intoxicated individual, and the rest of your guests.
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