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At least you can hold a barman responsible

At least you can hold a barman responsible

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Old Jan 16th 2009, 10:12 pm
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Default At least you can hold a barman responsible

Cannot believe this story.... how the hell can you hold a barman responsible for someone drinking and driving?? Will they have to take your keys in the future before they serve you??

Can you believe this??
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Old Jan 16th 2009, 10:21 pm
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Default Re: At least you can hold a barman responsible

Originally Posted by PeterF
Cannot believe this story.... how the hell can you hold a barman responsible for someone drinking and driving?? Will they have to take your keys in the future before they serve you??

Can you believe this??
Why are you so offended? The law has had this position for some time. If you are the owner or a worker in a licensed premises, you have a duty to ensure that you do not supply your customers with an excessive amount of alcohol.

It seems a sensible rule to me - if only England had such a rule, the streets of towns wouldn't be turned into the cesspit that they are most Friday/Saturday nights.

Point for the ignorant: if you are having "drinks" at your place, ensure that your guests bring their own, if they don't and they go home drunk, you may be on the hook as you should know how much you provided them with. If they bring their own, the caselaw says it is unreasonable for you to know how much they have consumed.
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Old Jan 16th 2009, 10:21 pm
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Default Re: At least you can hold a barman responsible

Originally Posted by PeterF
Cannot believe this story.... how the hell can you hold a barman responsible for someone drinking and driving?? Will they have to take your keys in the future before they serve you??

Can you believe this??
I've heard of similar things before. If you give alcohol to a guest in your home, and you know they are driving home then you are responsible.
In the UK a licensee can lose their license if they serve alcohol to someone who is overly drunk. Though how you define that is another thing.
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Old Jan 16th 2009, 10:24 pm
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Default Re: At least you can hold a barman responsible

Whilst it may seem OTT, it comes back to a duty of care issue I suppose, though how that works with physically preventing someone from driving when they have had too much is anyone's guess

Last edited by nikki dreaming; Jan 16th 2009 at 10:26 pm. Reason: added a bit!
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Old Jan 16th 2009, 10:30 pm
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Default Re: At least you can hold a barman responsible

Originally Posted by Almost Canadian
It seems a sensible rule to me - if only England had such a rule, the streets of towns wouldn't be turned into the cesspit that they are most Friday/Saturday nights.
And Sun/Mon/Tues/Weds/Thurs.....It's not just weekends anymore.
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Old Jan 16th 2009, 10:31 pm
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Default Re: At least you can hold a barman responsible

Originally Posted by Almost Canadian
Why are you so offended? The law has had this position for some time. If you are the owner or a worker in a licensed premises, you have a duty to ensure that you do not supply your customers with an excessive amount of alcohol.

It seems a sensible rule to me - if only England had such a rule, the streets of towns wouldn't be turned into the cesspit that they are most Friday/Saturday nights.

Point for the ignorant: if you are having "drinks" at your place, ensure that your guests bring their own, if they don't and they go home drunk, you may be on the hook as you should know how much you provided them with. If they bring their own, the caselaw says it is unreasonable for you to know how much they have consumed.
Originally Posted by nikki dreaming
Whilst it may seem OTT, it comes back to a duty of care issue I suppose, though how that works with physically preventing someone from driving when they have had too much is anyone's guess

I think the idea is that you stop serving them alcohol.

As does happen in the UK "cesspits"
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Old Jan 16th 2009, 10:35 pm
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Default Re: At least you can hold a barman responsible

Originally Posted by fledermaus
I think the idea is that you stop serving them alcohol.

As does happen in the UK "cesspits"
That's what I'm saying,.... in the sense they have a duty of care to stop serving
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Old Jan 16th 2009, 10:47 pm
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Default Re: At least you can hold a barman responsible

Originally Posted by nikki dreaming
That's what I'm saying,.... in the sense they have a duty of care to stop serving
Ah i see, I was distracted by the car keys comment. I am easily distracted.
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Old Jan 16th 2009, 10:48 pm
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Default Re: At least you can hold a barman responsible

Originally Posted by fledermaus
Ah i see, I was distracted by the car keys. I am easily distracted.
Distracted by the car keys...are you driving while posting now.
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Old Jan 16th 2009, 10:49 pm
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Default Re: At least you can hold a barman responsible

Originally Posted by fledermaus
I think the idea is that you stop serving them alcohol.
Isn't that what I said

Originally Posted by fledermaus
As does happen in the UK "cesspits"
I would guess that there are very few establishments in England that stop serving their customers no matter how drunk they are. I am talking about the "Happy hour" type establishments as opposed to the country pub here. Otherwise, how else do they get into such a state
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Old Jan 16th 2009, 11:28 pm
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Default Re: At least you can hold a barman responsible

How many pints should the cut-off be for drivers? Two pints, and some could be over the drink-drive limit.

Or should the servers be required to watch the customer go out of the door after 6 or 7 pints, then call the cops if the guy gets in his vehicle. The cops are probably going to take more than a few minutes to get there.

In most rural bars I'd bet the bar staff are well aware of who out their regulars drive there, drink then drive home again when they shouldn't. If they're not stopping these people drink-driving then they're condoning and possibly encouraging it.
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Old Jan 17th 2009, 12:40 am
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Default Re: At least you can hold a barman responsible

What ever happened to being responsible for your own actions.
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Old Jan 17th 2009, 3:01 am
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Default Re: At least you can hold a barman responsible

Originally Posted by fledermaus
In the UK a licensee can lose their license if they serve alcohol to someone who is overly drunk. Though how you define that is another thing.
The Licencing law in the UK states that if person appears to "under the influence" then it is against the law. How and Whether this is actually monitored or enforced is up to the local council (who issue the licences) and the actual licencees.

Originally Posted by nikki dreaming
Whilst it may seem OTT, it comes back to a duty of care issue I suppose, though how that works with physically preventing someone from driving when they have had too much is anyone's guess
exactly Nikki - to be a licence holder in the UK you have to of honourable character and therefore beable to say to a customer "that's your lot".

I was a holder of the Licencing qualification in the UK prior to living over here and also a deputy general Manager for a large chain of branded restaurants/bars. During the 10 years I held this position this was "bred" into me as the "values" I should operate the premises with.

I have and would always (regardless before anyone says it if my takings were down for the week) refuse to serve people under the influence of alcohol. People dont always realise that alcohol is a drug as are drugs such as pot, crack etc - it alters your state of mind and therefore could make you behave in an uncharacteristic manner.

The problem being, and this will be the same everywhere, is that you will always come across people who should not be allowed to hold a liquor licence but who do and it is usually these people who allow things such as drunk driving etc to occur and give other licencees a bad name and get "tarred with the same brush".


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Old Jan 17th 2009, 3:46 am
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Default Re: At least you can hold a barman responsible

Does this all mean that Mac deez will stop serving people who are over a certain weight? Or a smoker with a cough? maybe all smokers with lung probs could sue the tabbaco store owner now instead of trying to get at the big manufaturer.
Wot i cant understand is...in a small bar with 6 people drinking a few after work beers then yes you would prob notice someone who has had 4 large beers drive off into the sunset, but what if they are drinking in a packed night club, how would the owner know?
I am not condoning D.D. i would never drink and drive as i need my lic and also the thought of killing someone while drunk would certainly stop me, wot i cant get my head around is effectively policing all of this.
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Old Jan 17th 2009, 3:46 am
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Default Re: At least you can hold a barman responsible

Originally Posted by Almost Canadian
Why are you so offended? The law has had this position for some time. If you are the owner or a worker in a licensed premises, you have a duty to ensure that you do not supply your customers with an excessive amount of alcohol.
This case is about a barman selling alcohol, legally to people, who then drive after they have had too much for driving. That does not mean they are falling down drunk!! A suptle difference ther I believe.


Originally Posted by Almost Canadian
It seems a sensible rule to me - if only England had such a rule, the streets of towns wouldn't be turned into the cesspit that they are most Friday/Saturday nights.

Point for the ignorant: if you are having "drinks" at your place, ensure that your guests bring their own, if they don't and they go home drunk, you may be on the hook as you should know how much you provided them with. If they bring their own, the caselaw says it is unreasonable for you to know how much they have consumed.
Again you are talking about kids getting drunk and being disruptive in the streets.

Where does it state that these kids were that drunk in any case?



The point is, how can a barman recognise a driver and a non-driver and then limit the driver.. by the way the limit here is zero alcohol in the blood or close to it, is it not??
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