The Expectant Mother and the 'Just One'
A woman who appears to be heavily pregnant comes into the bar with her partner and orders a glass of white wine. She is clearly pregnant - perhaps seven or eight months. She is calm and polite. Her partner orders a pint. There is no suggestion she is intoxicated. She says, 'It's just the one, I've checked with my midwife.' You are unsure what the law requires and what your duty of care is. Other customers are watching.
1. Does the law prevent you serving her? Explain.
Read the worked answer
No - pregnancy alone is not a legal ground to refuse service.
The Intoxicating Liquor Acts prohibit sale to under-18s and to persons already intoxicated. They do not prohibit sale to a pregnant woman. Refusing solely because she is pregnant would be discrimination and is not required by licensing law.
However:
- You are not obliged to serve anyone - a licensee may refuse service for good reason, but 'she is pregnant' is not a legally recognised reason and could expose you to a discrimination complaint.
- Your duty of care is a health-and-safety and ethical consideration, not a licensing prohibition.
- The correct approach: serve if she is not intoxicated and is over 18 (check ID if in doubt), unless your premises has a specific written policy - but such a policy should be applied consistently and carefully.
- Do not lecture or moralise - she has said she has consulted her midwife.
2. What is your duty of care here, and how do you balance it against her autonomy?
Read the worked answer
Duty of care does not override a competent adult's autonomy.
Balance:
- She is an adult making an informed choice - she has consulted her midwife. You are not her doctor.
- Serve responsibly: a single glass of wine, served normally, with water available. Do not serve more if she shows signs of intoxication.
- Do not single her out or make comments in front of other customers - that is humiliating and unnecessary.
- If she ordered multiple rounds or appeared intoxicated, you would refuse on the ordinary intoxication grounds - not on pregnancy grounds.
- Health promotion: you may quietly offer water or a soft drink option, but do not pressure.
- Record nothing unless there is an incident - she is a customer, not a case.
Key point: duty of care is about preventing foreseeable harm from your service (intoxication, injury), not about policing customers' personal health choices.
3. A colleague says, 'We should refuse - it's irresponsible.' How do you handle the disagreement?
Read the worked answer
Discuss it away from the customer, calmly.
Points to make:
- The law does not require refusal on pregnancy grounds. Refusing could be discriminatory and is not a defence to anything.
- Inconsistency is the real risk: if you refuse her but serve other pregnant customers, you expose the premises to complaint.
- The proper grounds for refusal are age and intoxication - apply those consistently.
- If the premises wants a policy, it should be written, applied consistently, and reviewed - not invented at the bar.
- Escalate to the supervisor if you cannot agree; the supervisor decides.
- Do not argue in front of the customer.
Outcome: serve responsibly unless there is a lawful ground to refuse.