How to ask a patron to leave the premises

Many people have concerns about the possible misuse of personal information. They worry that stored personal information could be hacked, stolen or inappropriately accessed or misused, causing harm through financial, credit card or identity fraud.

Licensees should ensure that they only collect the information that is necessary to implement the multi-venue barring policy, this helps to lower the risk of privacy complaints being lodged.

It is a matter for each licensee to determine their privacy obligations and each licensee must ensure they comply with State and Federal privacy laws.

We strongly recommend that an accord or licensee seeks independent legal advice before implementing a barring system.

NSW Privacy and Personal Information Protection Act 1998 (PPIPA): individual licensees are not bound by PPIPA and may collect, use and disclose personal information without breaching its terms. The NSW Police Force is also exempt from compliance with the PPIPA, except in relation to its administrative and educative functions.

This means that a licensee who is a member of a local liquor accord that bars a person from the venue may share the name of the person and a photograph with other licensees who are part of that liquor accord, without breaching the PPIPA (note that however, Commonwealth law may apply).

PPIPA does apply to public sector agencies such as the Secretary of the NSW Department of Customer Service and local councils, who are eligible to be part of an accord. It is recommended licensees exclude these agencies from personal information about barred persons.

Commonwealth Privacy Act 1988: Whilst NSW privacy laws are not generally applicable, some licensees may have obligations under the Commonwealth Privacy Act 1988. Under the Privacy Act, licensees with a turnover of more than $3 million are required to comply with the Australian Privacy Principles (APP) that restrict the collection and disclosure of personal information (Schedule 1 to the Act).

Particularly relevant, under APP 6, an organisation is prohibited from using or disclosing personal information about an individual for a purpose other than the primary purpose of collection. Where a multi-venue barring policy is in place, venues may be able to use and disclose an individual’s details provided that the information was primarily collected in order to implement this policy.

To remove any doubt, and to comply with other aspects of the APPs, patrons should be informed of this at the time of collection.

It is up to each individual licensee to assess whether they are required to comply with the APPs and, if so, to determine what steps need to be taken in this regard.

There is also nothing to prevent accord members agreeing that measures be taken to protect the privacy of the barred person, even if those measures are not legally required.

Tips for complying with the Privacy Act

• Tell people when you collect personal information what you expect to do with it.
• Use personal information only for the reason you collected it, or in ways people would think reasonable, unless:
  • you have their consent
  • have given them an opportunity to opt-out
  • the use is authorised by another law.
• Share personal information only for the reason you collected it, or in ways people would think reasonable, unless you have consent or the disclosure is authorised by another law.
• If people ask, give them a chance to see any information you hold about them and keep personal information secure, accurate, and up-to-date.
• Take reasonable steps to secure the information.
• Destroy or de-identify the information when it is no longer required.

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