If An Intoxicated Customer Refuses A Cab

Navigating the delicate situation of an intoxicated customer refusing a cab requires a careful balance of safety, legal obligations, and customer service. Establishments serving alcohol, such as bars and restaurants, often face this dilemma. Understanding the responsibilities, implementing proactive measures, and knowing how to handle refusal are crucial for ensuring the well-being of the customer and mitigating potential liabilities. This article explores the complexities of this scenario, providing a comprehensive guide for staff and management on how to handle intoxicated patrons who refuse transportation.

Understanding the Risks and Responsibilities

Serving alcohol comes with significant responsibilities. Establishments are not only responsible for preventing over-service but also for ensuring the safety of their patrons, especially when they are intoxicated. The potential consequences of failing to do so can be severe, ranging from legal liabilities to tragic accidents.

Legal Liabilities:

• Dram Shop Laws: Many jurisdictions have dram shop laws that hold establishments liable for damages caused by intoxicated patrons they served. If an intoxicated customer leaves your establishment, causes an accident, and injures someone, your business could be held responsible.
• Negligence: Failure to take reasonable steps to ensure the safety of an intoxicated customer can be considered negligence, leading to lawsuits and significant financial repercussions.
• Liquor License Violations: Over-serving alcohol and failing to provide safe transportation options can result in fines, suspension, or revocation of your liquor license.

Moral and Ethical Considerations:

Beyond legal obligations, there is a moral and ethical responsibility to protect customers from harm. Intoxicated individuals are often unable to make sound judgments and may put themselves and others at risk. Taking proactive steps to ensure their safety is simply the right thing to do.

Understanding Intoxication:

• Signs of Intoxication: Train staff to recognize the signs of intoxication, including slurred speech, impaired coordination, bloodshot eyes, and changes in behavior.
• Blood Alcohol Content (BAC): While it's impossible to accurately determine a customer's BAC without testing, understanding the effects of alcohol on the body is crucial. Factors such as weight, gender, and food consumption can influence BAC levels.
• Individual Tolerance: Be aware that individuals have different tolerances to alcohol. Some people may exhibit signs of intoxication at lower BAC levels than others.

Proactive Measures to Prevent Problems

The best way to handle an intoxicated customer who refuses a cab is to prevent the situation from arising in the first place. Implementing proactive measures can significantly reduce the likelihood of over-service and ensure customer safety.

Responsible Alcohol Service Training:

• Mandatory Training: Require all staff members who serve alcohol to undergo responsible alcohol service training, such as TIPS (Training for Intervention ProcedureS) or ServSafe Alcohol.
• Identifying Intoxication: Train staff to recognize the signs of intoxication and to understand the legal liabilities associated with over-service.
• Refusal Techniques: Equip staff with strategies for refusing service to intoxicated customers in a polite and respectful manner.
• Documentation: Teach staff how to document incidents involving intoxicated customers, including the time of service, signs of intoxication, and any actions taken.

Monitoring Alcohol Consumption:

• Tracking Drinks: Implement a system for tracking the number of drinks served to each customer. This can help staff identify patrons who may be approaching their limit.
• Pace of Service: Encourage staff to pace alcohol service, offering water and food to slow down absorption.
• Designated Servers: Assign specific staff members to monitor customer behavior and identify potential intoxication issues.

Creating a Safe Environment:

• Transportation Options: Partner with local taxi companies or ride-sharing services to provide easy access to transportation for customers.
• Designated Driver Program: Promote a designated driver program, offering incentives to customers who volunteer to stay sober and drive their friends home.
• Safe Ride Programs: Consider offering a safe ride program, providing discounted or free transportation to intoxicated customers.
• Communication: Display signage promoting responsible drinking and transportation options. Make sure staff proactively offer assistance to customers who appear intoxicated.

Handling the Refusal: A Step-by-Step Guide

Even with proactive measures in place, situations may arise where an intoxicated customer refuses a cab or other safe transportation option. Here's a step-by-step guide on how to handle such situations:

1. Initial Assessment and Intervention:

• Approach the Customer: Approach the customer in a calm and non-confrontational manner. Speak privately and avoid drawing unnecessary attention.
• Express Concern: Express your concern for their well-being. Use phrases like, "I'm concerned about your safety" or "We want to make sure you get home safely."
• Offer Assistance: Offer assistance in a friendly and helpful way. Say something like, "We'd be happy to call you a cab" or "Would you like us to help you find a ride-sharing service?"
• Explain the Risks: Gently explain the risks of driving while intoxicated. Remind them of the potential consequences, such as accidents, injuries, and legal penalties.

2. Offering Alternatives:

• Suggest a Different Ride: If the customer refuses a cab, explore other transportation options, such as ride-sharing services (Uber, Lyft), public transportation, or a designated driver.
• Contact a Friend or Family Member: Ask if they have a friend or family member who can pick them up. Offer to make the call for them.
• Provide a Safe Place to Wait: If the customer is waiting for a ride, provide a comfortable and safe place for them to sit and wait. Offer water and snacks.
• Suggest a Hotel: If the customer lives far away or has no other transportation options, suggest booking a room at a nearby hotel.

3. Addressing Objections:

• "I'm Fine to Drive": If the customer insists they are fine to drive, calmly explain that you are concerned about their safety and the safety of others. Remind them that even if they feel okay, their judgment and reaction time may be impaired.
• "I Don't Have Money for a Cab": If the customer says they don't have money for a cab, offer to pay for it yourself or explore free transportation options, such as a safe ride program.
• "I Live Close By": Even if the customer lives close by, emphasize that it's still not safe to drive while intoxicated. A short drive can be just as dangerous as a long one.

4. Refusal Strategies:

• Politely Insist: If the customer continues to refuse assistance, politely insist that it is your policy to ensure the safety of all patrons.
• Explain the Consequences: Explain that if they insist on driving while intoxicated, you may have to contact the authorities.
• Involve Management: If you are unable to convince the customer to accept assistance, involve a manager or supervisor. They may have more experience in handling difficult situations.

5. When to Call the Authorities:

• Imminent Danger: If the customer is clearly a danger to themselves or others, such as if they are attempting to drive away while visibly impaired, call the police immediately.
• Legal Obligations: In some jurisdictions, you may be legally obligated to report an intoxicated person who is about to drive.
• Documentation: Document the situation thoroughly, including the time of the incident, the customer's behavior, and the actions you took.

6. Documentation and Follow-Up:

• Detailed Report: Create a detailed report of the incident, including the customer's name (if known), the time of the incident, the signs of intoxication, the transportation options offered, and the customer's response.
• Witness Statements: If possible, obtain statements from other staff members who witnessed the incident.
• Review and Training: Use the incident as a learning opportunity for staff. Review the procedures for handling intoxicated customers and provide additional training if needed.

Communication Techniques for De-escalation

Effective communication is crucial for de-escalating potentially volatile situations with intoxicated customers. Here are some key techniques to keep in mind:

1. Stay Calm and Respectful:

• Tone of Voice: Maintain a calm and even tone of voice. Avoid raising your voice or speaking in a condescending manner.
• Body Language: Use open and non-threatening body language. Avoid crossing your arms or standing too close to the customer.
• Respectful Language: Use respectful language and avoid using slang or profanity.

2. Active Listening:

• Pay Attention: Pay close attention to what the customer is saying, even if it doesn't make sense.
• Acknowledge Feelings: Acknowledge the customer's feelings. Use phrases like, "I understand you're frustrated" or "I can see that you're upset."
• Paraphrase: Paraphrase what the customer is saying to ensure you understand their perspective. For example, "So, you're saying that you don't want a cab because you live close by?"

3. Empathy and Understanding:

• Put Yourself in Their Shoes: Try to understand the customer's perspective. They may be embarrassed, angry, or simply not thinking clearly.
• Show Empathy: Show empathy for their situation. Use phrases like, "I understand this is frustrating, but we're just trying to help."
• Focus on Solutions: Focus on finding solutions that address the customer's concerns while ensuring their safety.

4. Avoid Arguing or Challenging:

• Don't Argue: Avoid getting into an argument with the customer. It will only escalate the situation.
• Don't Challenge: Don't challenge the customer's statements or opinions. Even if you disagree, it's important to remain respectful.
• Focus on Agreement: Try to find points of agreement and build from there.

5. Clear and Concise Communication:

• Simple Language: Use simple and clear language. Avoid using jargon or technical terms.
• Repeat Information: Repeat important information to ensure the customer understands.
• Visual Aids: Use visual aids, such as maps or brochures, to help the customer understand their transportation options.

Training and Role-Playing

Effective training is essential for preparing staff to handle intoxicated customers who refuse transportation. Incorporate role-playing exercises into your training program to provide staff with practical experience in handling these challenging situations.

Key Training Components:

• Understanding Alcohol: Educate staff about the effects of alcohol on the body and the signs of intoxication.
• Legal Liabilities: Explain the legal liabilities associated with over-service and the importance of ensuring customer safety.
• Company Policies: Review your company's policies on alcohol service and transportation options.
• Refusal Techniques: Teach staff how to refuse service to intoxicated customers in a polite and respectful manner.
• De-escalation Techniques: Provide training on communication techniques for de-escalating potentially volatile situations.
• Documentation: Teach staff how to document incidents involving intoxicated customers.

Role-Playing Exercises:

• Scenario Development: Develop realistic scenarios involving intoxicated customers who refuse transportation.
• Staff Rotation: Rotate staff members through different roles, such as the server, the customer, and the manager.
• Feedback and Discussion: Provide constructive feedback after each role-playing exercise. Discuss what worked well and what could be improved.
• Real-World Examples: Use real-world examples of incidents involving intoxicated customers to illustrate the importance of proper training and procedures.

Working with Local Authorities

Building a strong relationship with local law enforcement can be invaluable in handling situations involving intoxicated customers.

Benefits of Collaboration:

• Guidance and Support: Local authorities can provide guidance and support in developing policies and procedures for handling intoxicated customers.
• Rapid Response: In emergency situations, law enforcement can provide a rapid response to ensure the safety of customers and staff.
• Community Partnerships: Working with local authorities can help build strong community partnerships and improve the overall safety of your establishment.

Ways to Collaborate:

• Regular Meetings: Schedule regular meetings with local law enforcement to discuss safety concerns and share information.
• Joint Training: Participate in joint training exercises with law enforcement to improve coordination and communication.
• Information Sharing: Share information about incidents involving intoxicated customers with law enforcement to help them identify potential problems.

Conclusion

Handling an intoxicated customer who refuses a cab is a complex and challenging situation that requires a proactive and responsible approach. By implementing comprehensive training programs, establishing clear policies and procedures, and fostering strong communication skills, establishments can effectively mitigate the risks associated with over-service and ensure the safety of their patrons. Remember that the well-being of your customers is paramount, and taking the necessary steps to prevent harm is not only a legal obligation but also a moral imperative.