liquor licenceliquor licence

Obtaining a liquor licence is a legal requirement for the sale of alcohol, but the legal requirements do not end when the certificate is issued. Owning a liquor license comes with a degree of responsibility. 

If you work behind a bar or in a restaurant environment, you may have found yourself in the unpleasant position of dealing with patrons that  are way past the recommended legal limit and may be incoherent and even disorderly.  

As the server, it can be tricky to know what to do in this scenario, especially as your job is to serve the patrons in the establishment while earning your nightly tips for delivering this service. However, there is a point at which it is appropriate to draw the line and politely recommend that the patron stops drinking and makes their way home with safe and supervised transportation.  

So, where do you draw the line? It may be tempting to simply continue to serve an individual for the sake of keeping the peace, but there are legal consequences for doing so. Below, we outline some tips to encourage responsible drinking, advise you on how to stop selling liquor, and enforce legal responsibility.  

According To The Liquor Act (59 of 2003) 

When faced with a situation where you have an excessively drunk, incoherent individual at your establishment, there are some legal obligations which govern your actions.   

According to the Liquor Act, the liquor licence holder can be found guilty of an offence if they:

• allow drunkenness or licentious conduct on the licensed premises. 
• do not  refuse an intoxicated individual admission to part of the premises. 
• do not have the person removed from the licensed premises. 
• moreover, selling or supplying liquor to an intoxicated person is considered a crime.

How To Identify A Drunk Patron  

In addition to legal ramifications, the consequences of not cutting off an inebriated  patron can be tragic not only for the safety of your patrons, but also potentially for your business and it’s ability to continue to serve alcohol to your patrons. g.. Therefore, it is essential that you and your staff learn how to read the signs of someone who needs to be cut off immediately.  

Most people can tell when a person is three sheets to the wind, but picking up clues before a guest becomes rowdy is always best.Keeping tabs on how much a person drinks is always a good start, but behaviour is a good clue too. Look out for someone shouting, slurring or behaving in an overly loud or obnoxious manner, who goes through drinks excessively, or someone swearing, angry or flirting inappropriately. Physical symptoms of someone who needs to be cut off include bloodshot or glazed-over eyes, decreased motor skills and negative interactions with other guests.  

Regarding responsible drinking, establishments hold equal legal responsibility as patrons for the consequences related to drunken behaviour. If it can be proved that you continued to sell liquor to a drunk driver, you can be held accountable for the consequences of that bad decision, including the loss of innocent lives.   

Ideas To Promote Responsible Drinking  

Everybody wants to see patrons having a good time, and liquor is an integral part of that experience. As the liquor licenced premises, you can take measures to ensure that alcohol is enjoyed responsibly in your establishment. Ideas include erecting signage instructing patrons not to drink and drive. You can provide posters or flyers offering contact details to trusted taxi cab services. Moreover, educating your managers on their legal obligations and how to deal with drunk patrons effectively and respectfully is key to handling these situations responsibly.  

At LSA Associates, SA’s premiere liquor license consultants, we provide information on selling liquor responsibly and correct liquor licencing for establishments. For further information and guidance, do not hesitate to reach out to us today.