The Regular Who Won't Leave
A 58-year-old regular, Hank, has been at a neighborhood tavern since 4 p.m. By 10 p.m. he has had five beers and two shots. He is loud, has begun arguing with another patron, and has twice tried to stand and stumbled. The bartender, Nia, has cut him off. Hank refuses a ride, says he lives 'ten minutes away,' and heads for the door with his car keys. The tavern's policy says staff should intervene when an intoxicated patron attempts to drive. Nia is alone behind the bar with six other customers. The other patron Hank argued with is still at the bar and watching.
1. What should Nia do about Hank attempting to drive, and why does the licensee's responsibility extend past the door?
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Nia should intervene before Hank reaches his car. She should calmly ask him to wait, offer to call a ride or a friend, and involve the manager or another staff member if available. The licensee's responsibility does not end when the patron leaves the bar; serving an obviously intoxicated person and letting them drive creates foreseeable risk of harm and potential liability for the business. Nia should not physically restrain Hank, but she should use persuasion, offer alternatives, and call for help. If Hank insists on driving, staff should consider calling local police non-emergency to report an impaired driver.
2. Nia is alone and the other patron is watching. How should she prioritize her actions?
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Nia should prioritize the immediate safety risk - Hank driving - while keeping the bar safe. She can ask the watching patron to wait a moment, or ask a trusted regular to keep an eye on the bar while she walks Hank to the door and arranges a ride. She should not leave the bar unattended for long. If she cannot leave, she should call the manager immediately and ask the other patron to help persuade Hank. The judgment call is to address the highest-risk situation first while not abandoning the bar or escalating the earlier argument.
3. The patron Hank argued with offers to 'handle it' and follows Hank outside. What should Nia do?
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Nia should not let the other patron confront Hank. The earlier argument makes that patron a poor choice for intervention, and a confrontation outside raises the risk of a fight. Nia should step in, tell the patron to stay inside, and take over the situation herself or with the manager. She should keep the two separated, document what happened, and call for help if the situation escalates. The correct judgment is to control who intervenes, not just whether someone intervenes.