According to the National Highway Traffic Safety Administration, drunk driving remains the leading cause of death on our nation’s roads: “Every day, almost 30 people in the United States die in drunk driving crashes – that’s one person every 48 minutes in 2017… In 2010, the most recent year for which cost data is available, these deaths and damages contributed to a cost of $44 billion that year.”
Indeed, it’s crucial that everyone comprehends that it’s not just about drinking and driving. In fact, recent analytics provided by the National Center for Drug Abuse Statistics demonstrate that far more people are injured or die due to slips, trips, falls, sexual assault, violence, suicides and so forth, and due to the overindulgence or overservice of alcohol, than driving while intoxicated. Add to this the ubiquity of guns in the United States; then Russian Roulette is the name of the game that our society is playing.
Accordingly, it is incumbent upon all on-premise alcohol providers (bars, restaurants, nightclubs, hotels and other venues in the hospitality arena) be sure that their managers, servers, bartenders and so forth are fully cognizant of the broader risks of overserving alcohol and the need to serve alcohol responsibly in all instances.
The responsible service of alcohol by on-premise venues is a crucial component in the prevention of not just drunk driving but all alcohol-related injuries and deaths. As people become intoxicated, their judgment becomes impaired. Additionally, as people become more intoxicated, the greater their impaired judgment. Serving additional alcohol to someone who is impaired is dangerous because they do not appreciate the risks associated with being intoxicated.
Responsible Alcohol Service Training
Responsible alcohol service training typically identifies two key methods to assist in determining intoxication:
1. Teaching the behavioral signs or physical manifestations of visible intoxication.
2. Counting drinks being served and using the BAC (blood alcohol concentration) estimated drink chart to determine whether someone is intoxicated. This method is useful when servers cannot detect visible signs of intoxication. Additionally, servers must be taught that it’s crucial not only to accurately track the number of drinks being served to a guest but also to monitor the amount of alcohol in each drink. Please reconsider those 9-ounce martini glasses.
Responsible service of alcohol training must consistently emphasize that driving while intoxicated is not the only danger that arises from the overservice of alcohol. For example, a designated driver does not open the door for the irresponsible service of alcohol to others in a party.
Responsible providers in the restaurant/bar/club industries have strict, clear policies regarding the responsible service of alcohol. These providers hire qualified employees, effectively supervise employees, comply with organizational policies and hold all staff, managers and owners accountable to the policies. Additionally, prudent operators extensively train on and test these policies; they consistently reinforce these policies daily and hold accountable owners, managers and all front-of-the-house staff (including bartenders, servers and hosts) on the responsible service of alcohol. By doing so, these operators create a culture of responsibility when serving alcohol.
This training and culture supports the need for constant vigilance and awareness of intoxicated customers entering the venue, the amount of alcohol being served to and consumed by customers, consumption rate, techniques to slow consumption, the physical manifestations of intoxication, and appropriate intervention techniques when employees become aware of a guest becoming intoxicated and/or exhibiting visible signs of intoxication. Training of hosts/greeters/security personnel is also crucial in this culture of responsibility, as they are typically the first and last employees to interact with a customer, enabling them to make an assessment of visible signs of intoxication upon entry and exit. The culture established by these policies, training, execution and accountability is crucial to preventing the service of alcohol to an obviously intoxicated guest, as well as to a minor, and to avoid the direct or indirect encouragement of employees to serve an obviously intoxicated guest.
Currently, responsible alcohol service training by restaurants/bars/clubs, with few exceptions, is woefully deficient, as the courses are often ineffective, attended infrequently, and rarely consistently reinforced or enforced at the venue level.
The courses relied upon are frequently out of step with current trends (better now with digital/cloud-based courseware that is easier to modify), such as:
- The mixing of alcohol with energy drinks. (This author is mindful that precluding the mixing of alcohol with energy drinks in on-premise establishments will not eliminate the issue entirely, as the consumer can imbibe energy drinks separately or before entering the establishment. But this work-around just validates the need for training, awareness and consistent reinforcement and enforcement of responsible alcohol service policies.)
- The foreseeability of pre-gaming, tailgating and clustering of multiple outlets, all raising the likelihood that a customer has been consuming alcohol prior to entry.
- Binge drinking among teens and young adults.
- The mixing of opioids and other narcotics with alcohol.
- The mixing of alcohol with guns.
It is past time, the on-premise industry has recognized and addressed the impact of its heavy reliance on tipping in the encouragement of the overservice of alcohol.
Finally, while recognizing how challenging it is to attract and keep good labor today, at some point, a discussion around 21-to-consume but 18-to-serve must occur. Raise your hand if you did not try to access alcohol when you were under the legal drinking age at the time, and mostly likely wish you had not been successful!
Actions to Take at Your On-Premise Venue
As is commonly heard in the law, time is of the essence. So, assess your current policies for deficiencies and be certain that they address the current trends identified above. Implement consistent training on the policies, including daily reinforcement of the need to serve responsibly. Review your current third-party training platform to be sure it is up to speed, then develop a tracking system to be sure that all certifications are renewed prior to expiration.
Just as it’s a common practice to check the ID of anyone that appears under the age of 35, it should be common practice for your servers and bartenders to presume customers have been consuming alcohol prior to entering your venue, and to proceed with caution. Diligently train your staff to be mindful of how much alcohol is in each drink that’s served and assist them by reverting to 3- to 4-ounce martini glasses. And for those of you with multiple outlets for alcohol, that does not dilute the need to serve responsibly; it heightens the need to train and enforce. If you ever think that it’s impossible to serve alcohol responsibly then you should not be serving alcohol.
Stephen Barth, attorney, professor of law and leadership at the Conrad N. Hilton College of Global Hospitality Leadership, is the founder of HospitalityLawyer.com and a top-rated influencer in hospitality according to GlobalGurus.org. To learn more, visit HospitalityLawyer.com.
Disclaimer: This article does not constitute legal advice from Questex, Bar & Restaurant or the author in any way. Always consult your attorney for any legal questions you may have. Also, keep up to date with the laws, rules and regulations of the state, county and town in which you operate, and get the proper training when needed.
Plan to Attend or Participate in
Bar & Restaurant Expo, March 27-29, 2023
To learn about the latest trends, issues and hot topics, and to experience and taste the best products within the bar, restaurant and hospitality industry, plan to attend Bar & Restaurant Expo, March 27-29, 2023 in Las Vegas. Visit BarandRestaurantExpo.com.
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