How to refuse service to an intoxicated customer

In every Australian state there are laws that govern the serving of alcohol and what is required to refuse alcohol to an intoxicated person. They are designed to minimise the potential harm alcohol can cause, and ensure all patrons have a safe and enjoyable experience, wherever they may be.

As an employee who sells alcohol to customers, it is your responsibility to ensure you abide by your state�s Responsible Service of Alcohol (RSA) legislation. If you don�t, and are found to have breached RSA laws, you can be fined along with the licensed premises you work for. While each state is in control of its own RSA laws, having a duty of care by taking all reasonable steps to provide a safe environment for patrons and staff is the general theme. This means not allowing drunk or disorderly people into licensed premises, not serving anyone underage, and to refuse serving alcohol to people who are intoxicated.

What strategies can I use to refuse serving alcohol to someone?

For many people, the thought of refusing service of alcohol to a patron can cause a level of anxiety and stress. Patrons can become agitated if they are refused service, and in some instances, the situation has the potential to escalate into aggression and violence. However there are ways to approach the situation that will ensure you are covered legally, and reduce the chances of the situation becoming dangerous.

1. Early intervention� � Be aware of your surroundings, and take note of people who are heading towards intoxication. Subtly and tactfully inform them they will be refused service if their behaviour deteriorates, and they could be asked to leave.

2. Seek assistance � Before approaching any intoxicated patron, seek approval and assistance from your manager and security staff. This will ensure you are covered should anything go wrong, and if it�s your first time in a situation like this, provide you with guidance so you learn how to deal with them in the future.

3. Be patient and polite � Confidently but politely inform the patron that you can no longer serve them alcohol. Don�t call them names, stay calm and don�t raise your voice. To reinforce the point, you should:

• Clearly explain the reason for the refusal
• Use props such as information posters to back up your refusal
• Explain the law and what it could mean to you if you continue to serve them

4. Don�t delay � If you decide they�ve had enough alcohol, don�t delay your decision to refuse serving them alcohol. Don�t let them finish their drink hoping they will then leave of their own accord, or giving them one last drink. This is not compliant with RSA legislation and you could be held legally accountable.

5. Offer them a drink and an olive branch � Ask them if they would like a non-alcoholic to drink, and reassure them that you will be happy to serve them again in the future (unless they are a repeat offender).

6. Offer assistance � Ask them if they�d like you to call a friend or taxi to get them home. The friendlier you are, and the more supportive you are, the less likely they are to get angry and become aggressive.

7. Ensure the patron leaves within a reasonable period of time � Once a patron becomes intoxicated they must leave the premises and not be allowed back in. While they may have accepted your offer of a non-alcoholic drink, they will still need to leave. It�s your responsibility to ensure they leave safely and do not loiter outside.

8. Keep a record of the incident �� Once the patron has been safely removed from the premises, record the details of what happened in writing. This should include the reasons for refusal of service, what was said by everyone involved, what actions were taken, and if there was any aggressive behaviour. Once you�ve written down the details, ensure management witnesses and signs off on it.

If you refuse serving of alcohol, all parties have rights to be respected

As long as you�re confident in your reasons for refusing service of alcohol, and those reasons are not discriminatory in any way, you have the right to continue with the course of action you�ve decided to take. However, you must be aware that the patron also has rights, and can take the matter to the state�s anti-discrimination commission if they think they�ve been treated unfairly because of their sex, religion, race, or any other form of discrimination.

When you start working at a licensed premises, seek out the venue�s refusal to serve alcohol policy and study it. Knowing how to manage these situations before they occur will ensure you have the best chance of securing a positive outcome for everyone involved. Complete your RSA course (SITHFAB201 – Provide Responsible Service of Alcohol)�online now and obtain your competency card without delay!

Alcoholic drink intoxication is the mental condition or the altered state of mind due to excessive alcohol consumption. Here an intoxicated person drinking alcohol might be affected depending on the amount of alcohol consumed. The magical content of Ethanol in those beverages consumed by the individuals during their own “Happy Hours” makes them all intoxicated, disturbing physical poise and mental stability.

It is a mandatory rule in Australia to adhere to the RSA [Responsible Service of Alcohol] laws. As per one of the rules mentioned in the RSA course, ‘An intoxicated patron could be refused any further service by the licensed owner of the premises to avoid any unforeseen and unpleasant situations.’ According to this regulation: bartender/steward/ a waiter can recognise the potentially intoxicated patron as:

• This gives room for the safety of the licensed premises.
• Consumption of alcohol any further may place other patrons and the staff at risk.
• To avoid complications over litigation for the licensee.

If the staff does not act on their responsibilities as per the RSA, they can get prosecuted. The licensee and staff can be held accountable for not abiding by the law if an intoxicated patron jeopardises their life or the lives of the other patrons/customers/staff members. So, refusing service to an intoxicated patron is not only the responsible thing; it’s also the law. By following your state’s RSA legislation, you can create a safe environment and help ensure that all patrons have an enjoyable experience at your bar.

The roads are not always rocky! We might hardly encounter such people who would try hard not to accept your service refusal. Most of the time, the patrons gracefully accept your value judgements and put an end to their alcohol consumption for the day. But the real challenge is when a highly intoxicated patron, unaware of their behaviour, tries to decline your refusal of service in many ways. Those are the times when you would have Galaxy Training Australia’s winning ways & knowledge to tackle this mammoth task. Here are some etiquette, rules and ideas of ‘Refusing alcohol service to an intoxicated patron’:

Identifying an Intoxicated patron 

• Assessment of the level of intoxication: Check for information like the kind of drinks served and duration of alcohol consumption. A strong smell of alcohol near the person, and their behavioural changes are apparent signs of intoxication. If in doubt, confirm it by personally attending them, striking a conversation with them or keen observation for a while.
• Changes in the behaviour: This is the obvious and the most prominent reason you start the procedure of refusal of service. Suppose a patron does some hideous acts that disturb the tranquil premises or even the fellow patrons. In that case, this is the time you would head towards the red signal for the patron. Aggressive body language and profanity in the tongue are evident signs.

Refusing alcohol service - Do’s

🗣 What do you say when refusing alcohol service to an unduly intoxicated customer? How do you politely & professionally refuse alcohol?

• Politely inform and explain the reason (showing signs of intoxication) for the service refusal, point to the RSA signage, describe the house policy, refer to the legislation and penalties relating to the offences. Using a subtle tone, gentle gestures, and pleasant language could do the initial magic. Not losing your cool is the only option. Don’t be straightforward and blunt - this may make them more aggressive, leading to complications.
• Speaking some out-of-the-box sentences instead of a plain “NO” can be beneficial. Some tips for you: Nice to see you today, see you tomorrow!  Could we get you a cab?  Don’t you have anyone waiting at home? I guess it’s late.  Guess your hands need rest. Let me take your glass.
• Putting up boards and signage regarding the same rule everywhere on the premises visible to any patron. This, to a certain extent, prevents the drama.
• Providing them with alternatives like a glass of water or some gourmet food would ease their urge to have more. Asking them to try some non alcoholic drinks with a fancy name and evoke curiosity to try one, claiming to be their specialty!
• Offer to phone a taxi or a friend to drive them home. It’s more difficult to get upset with someone willing to assist you.
• Escalate to your manager and/or security staff if need be.
• It is also essential to advise management and other bar employees that the individual was not served liquor, so they are not served by someone else.
• Ensure that the patron departs in a timely manner – Patrons must be asked to leave and not allowed back in once they have become intoxicated. They will need to leave even if they have accepted your offer of a non alcoholic drink. You must ensure that they leave the premises safely and do not linger outside.
• Keep a log book of each service refusal incident, especially threats or aggression.

Refusing service or drinking alcohol - Dont’s

• Don’t insult the patron by calling them a “drunk.” Instead, politely inform them that their actions are unacceptable.
• After you’ve said they’ve had enough, don’t be persuaded to give them “one last drink.”
• Refuse to let the individual finish their beverages. (It is a breach of the Liquor Act for a licensee to allow a minor, inebriated, or disorderly person to consume alcohol on the premises.).
• Don’t get riled up. If they raise their voice, lower yours.
• Don’t procrastinate refusal of service, hoping that the customer will go away after the next drink; act while you still can persuade him.

If refusing service of alcohol, all parties have the right to be respected.

When working on authorised premises, check the venue’s refusal to serve alcoholic drinks. Suppose you are confident that your reason for not serving a drink is non-discriminatory. In that case, you can proceed to what you have opted to do. You should also know that the client may be able to file an action with an anti-discriminatory commission if they feel unfairly discriminated against.

Managing unduly intoxicated patrons on premises

Managers should always support employees who refuse to service patrons deemed intoxicated. Overruling staff member decisions can increase the chance that someone is being served alcohol or intoxicated later on. It increases the risk of severe sanctions against personnel, licence holders or managers.

Maintaining a polite, firm approach when dealing with intoxicated customers is critical. If you find someone intoxicated, consider talking to that patron. Consider interacting with the friend of an unduly intoxicated customer to explain why service will be refused. Advise them that their companion will no longer be served alcoholic beverages and seek help safely transport the unruly customer home.

The license holder has discretion in dealing with intoxicated clients. You may be concerned that evicting an inebriated client will endanger their ability to get home safely. In certain instances like this, you may decide to:

• Allow the customer to wait for friends to finish their drinks before returning home.
• Allow the customer to wait for a spouse or friend to pick them up or for a staff member to finish their shift before dropping them off at home.
• Assist them in getting clean, provide them with water, coffee, non alcoholic beverage, food and time to sober up before travelling by public transport.

How do I ask someone to leave the premises as per responsible service of alcohol?

Ask the client to leave. Inform other bar staff members and management immediately of your decision. Upon entering the room, make sure the security personnel have been contacted if there is a threat to you. There is always a procedure involved adhering to which a bar owner/manager can request a patron to leave the place.

When an intoxicated patron who is refused service remains on premises

It is not a breach of a licensee’s code of conduct if an unduly intoxicated person remains on the licensed premises, as long as they are closely monitored.

The licensee is in charge of maintaining a safe environment. Licensee must ensure that an unduly intoxicated customer is closely watched, has no further access to alcohol and does not damage the amenity of the surrounding area.

Removing unduly intoxicated patrons from the venue

The licensee or permit holders may refuse entry or demand departure if the person is intoxicated. It is against the law for a drunk person to be on licensed premises. Those requested to leave licensed premises must immediately leave.

It is an offence for a customer to remain on the premises after being asked to leave or enter after being refused access. In this instance, the licensee, permit holders, their staff and representative have the right to utilise any force deemed appropriate to remove the client.

What action can you take if a customer who is refused service continues to act disorderly?

An RSA licensee should seek the help of cops as the premises owner themselves could be penalised for not stopping an intoxicated person consume excessive alcohol.

These are some of the best practices for refusing the further services of alcohol to an intoxicated patron. Suppose the license holder fails to do so. In that case, they might be under the risk of losing their license as serving alcohol to an already intoxicated individual is also a violation.

Both serving and consumption of alcohol come with much responsibility. It is always advisable to have fun responsibly, not at the cost of your health and the bar’s reputation.

Registered training organisations conducting the RSA course must ensure that the course covers refusing service to intoxicated patrons, as this is a crucial component of responsible alcohol service. Course attendees must be given the opportunity to practice refusing service to intoxicated patrons in a safe and supportive environment. Trainers must provide feedback to course attendees on their performance in refusing service to intoxicated patrons to develop the necessary skills to refuse service safely and effectively.

Tuesday, February 2, 2021 | by Galaxy Training Australia