The Regular Who Is Already Intoxicated
A man in his fifties, a well-known regular, arrives at 19:00 having clearly been drinking. His speech is slightly slurred, he is unsteady on his feet, and he smells strongly of alcohol. He is polite and orders a pint and a whiskey chaser. He says he has just come from a funeral and is 'fine, just a bit emotional'. He is a good customer who spends a lot and has never caused trouble. The bar is quiet. He insists he is not driving and will get a taxi.
1. Should you serve him? Apply the intoxication test.
Read the worked answer
No - do not serve. The signs are textbook indicators of intoxication: slurred speech, unsteady gait, strong smell of alcohol. Under the Intoxicating Liquor Acts it is an offence to sell alcohol to a person who is already drunk, and it is an offence for a drunk person to be on licensed premises (with limited exceptions).
Reasoning:
- The test is observable condition, not backstory. A funeral explains emotion, not intoxication. Politeness and being a good customer are irrelevant to the legal test.
- 'Not driving' is irrelevant to whether you may serve a drunk person. The offence is supplying alcohol to someone already intoxicated.
- Serving a whiskey chaser to a man already unsteady increases the risk of a fall, injury, or later harm - a duty-of-care issue.
- Refuse politely: 'I'm sorry, I can't serve you any more alcohol tonight - you've had enough. Can I get you a soft drink or call you a taxi?'
- Log the refusal and inform your supervisor.
2. He becomes upset and says, 'I've been coming here for twenty years - you can't do this to me.' What is your response, and what duty-of-care steps do you take?
Read the worked answer
Acknowledge the relationship but hold the line: 'I know you're a regular and I'm sorry - but I can't serve you more alcohol tonight. I can get you water, a coffee, or call a taxi.'
Duty of care:
- Do not leave him unattended if he is unsteady - offer a seat, water, and monitor him.
- Arrange safe transport - call a taxi, confirm he has a way home, and ideally see him into it. Do not let him drive.
- Do not serve others who might pass him drinks - watch for friends buying for him.
- Record the refusal and any incident.
- If he becomes ill or falls, provide first aid and call emergency services if needed.
- If he refuses to leave and becomes disorderly, involve your supervisor/door staff; as a last resort, the Gardaí.
Key point: the legal refusal and the duty of care are separate obligations - you must do both.
3. Later, a friend tries to buy a pint 'for himself' but clearly intends to give it to the regular. What do you do?
Read the worked answer
Refuse the sale if you reasonably believe the alcohol is intended for the intoxicated person.
Reasoning:
- The offence is supplying alcohol to a drunk person - using an intermediary does not change that. If you know or reasonably suspect the pint is for him, selling it to the friend makes you party to the same offence.
- Say it plainly: 'I can't sell that if it's for him - he's been refused.'
- Watch for 'rounds' and passing drinks - a common workaround. Monitor the regular and the friend.
- If the friend insists it's for himself, you may serve him if he is not intoxicated, but keep watching. If the drink is passed, intervene and remove it.
- Document the attempt and the refusal.
- Do not be drawn into an argument - state the rule and move on. If the friend becomes aggressive, involve door staff/supervisor.