The Angry Refusal at Last Call
At 12:55 a.m. on a Saturday, a Dover sports bar is 15 minutes from closing. Rick, a 30-year-old customer, has had five 16-ounce draft beers over about two hours. He misses a barstool, spills a drink, and his speech is loud and slurred. His eyes are bloodshot. The bartender refuses his sixth beer. Rick pounds the counter, says, 'I'm a lawyer, I'm fine,' and pulls his car keys from his pocket. He walks toward the parking lot. His friend says, 'Let him go, he lives two miles away.' The door person is 20 years old and has no security training. The manager is in the office doing payroll. There are about 40 customers still in the bar.
1. What should the bartender and door person do in the first two minutes after Rick heads for the parking lot?
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First, do not pour the sixth beer or any 'to-go' drink. The bartender should stay calm, say 'I can't serve you and I can't let you drive,' and ask the door person to delay him at the door while the manager is called. Do not physically tackle or restrain him unless he is an immediate danger to himself or others and your training and house policy permit it; a keys-grab or arm-grab can escalate and create injury and assault exposure. Offer a cab, a ride from the friend, or a call to a sober driver. If he reaches the car and starts it, call 911 with the plate, vehicle, and direction of travel. The reasoning: the legal duty is to refuse service, and the safety duty is to take reasonable, nonviolent steps to prevent a visibly intoxicated person from driving.
2. What should the staff say to the friend who says 'let him go'?
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The friend is not the legal decision-maker. Staff should say: 'He's visibly impaired and we've refused service. If you're with him, please take his keys or ride with him; otherwise we'll call a cab or police.' Do not argue or accuse the friend. If the friend takes the keys and drives, that may be a better outcome than Rick driving, but only if the friend is sober; ask directly. If the friend is also impaired, do not hand over the keys. The reasoning: a two-mile trip is still a DUI and crash risk, and 'he lives close' is not a defense. The staff's documented refusal and offer of alternatives show reasonable care.
3. What should be documented, and what should not be done?
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Log the time, the number and type of drinks, the observed signs, the refusal, the keys, the friend's comment, the manager notification, and any cab or 911 call. Note whether Rick drove and the plate if known. Do not write insults or diagnoses like 'drunk lawyer'; use facts. Do not follow him alone into the lot, do not physically search him, and do not serve him later if he returns. Do not discuss the incident with other customers. The reasoning: a contemporaneous, factual record helps in an ABC or civil inquiry and protects staff; emotional or conclusory notes undermine credibility. Call the manager immediately, not after closing.