A R T I C L E —

Security for Bars, Taverns and Nightclubs

by Ralph Witherspoon, CPP, CSC

The goal of most bars, taverns and nightclubs is to provide a hospitable gathering place where patrons can have a good time, often by listening to entertainment and/or dancing, while purchasing and consuming the establishment's primary product — alcoholic beverages. It is the latter item, the consumption of alcoholic beverages, that tends to lessen or remove inhibitions in many people, which is the frequent cause of problems for tavern and club operators.

One result of such problems is increasing litigation against taverns and nightclubs, frequently alleging excessive or inappropriate force used by staff or security personnel against patrons, and/or a failure to protect innocent customers from assaults and injuries by others.

Because of their lack of prior problems, or because of the types of crowds their atmosphere or entertainment attracts, such as older patrons, many taverns and nightclubs don't use specifically designated or identifiable security personnel. Rather, they rely on their servers, bartenders and management to handle any problems that may occasionally arise. And this is usually sufficient for them … unless their circumstances change.

Some establishments do, however, have a history of fights or violence. These taverns or clubs often cater to a younger, more risk prone crowd. Trendy nightclubs, especially on weekends, may have long lines of young persons eager to get into the current "hot spot." Some bars and nightclubs located near colleges and universities often attract young (often underage) people who frequently engage in “binge drinking” or other risky behavior. The playing of pop music, especially by a live band or DJ, may also be a risk factor since it often creates an atmosphere of intense physical activity, sometimes even reckless abandon. These type establishments usually require security personnel and sometimes security equipment. In many urban nightclubs catering to young-adult crowds, it is becoming increasingly common to use metal detectors at the doors to prevent the introduction of knives and guns, as some patrons seek to bring outside conflicts (and violence) into the club.

Some cities and counties have laws or requirements as to what specific security requirements bars and nightclubs must provide. For the vast majority of citries and counties that do not mandate such requirements, the national standard for the owners and operators is “reasonable care” based on the nature and location of each individual establishment and the specific risks each face.

In each case, however, the establishment's management has a responsibility to use reasonable measures to provide a safe environment for its customers (invitees) and employees. That responsibility includes in the club's parking lot, and sometimes the sidewalks and other areas immediately adjacent to the building. These days, failing to warn or protect customers from reasonably foreseeable violence, or the use of excessive or inappropriate force by employees to quell a disturbance or eject a customer, will most likely result in a lawsuit against the club and negative publicity. The following will help avoid that:

First, The Plan

Management decides which customers it will attract based on the club's location, the atmosphere and music format it provides, plus its advertising. Promotions of two-for-one drinks or large, over-sized drinks, or a four-hour long "happy hour" also set a tone and attract specific types of patrons. That "tone" will often determine what type problems are likely to arise, and what type and level of security should be provided. Management can, at any time, change that "tone" by changing the music, adding or changing the amount of (any) door cover charge, increasing or relaxing the dress code, changing décor and lighting, increasing visible "security," or taking other measures appropriate to that facility.

Nightclubs should assess the risks to their establishment, including the crime history in their immediated neighborhood and any nearby bars or clubs. They should develop and have in place a security plan in place based on the type of customers they attract, and their known or likely problems. The plan doesn't have to be elaborate, or even written, although that is definitely preferred, but it should be thought through in advance. Once the potential problems and risks are identified, counter-measures can be developed and club personnel trained in their implementation. The security plan should be reviewed periodically to determine whether any changes in the bar or club or in the surrounding area have occurred, and whether changes are needed.

The Doorperson

The first line of defense for many nightclubs is a doorperson. Stationed at the entry door(s), the doorperson (who often is a security person) checks IDs to ensure that people seeking entrance are of legal age. They also attempt to deny entry to persons who are obviously intoxicated, or who are known to have previously caused problems and been barred by management. Tact, good communication skills, and a sense of humor and fairness are important traits to look for in hiring such persons.

Where security screening is used, that should take place immediately behind (inside) the doormen. A "frisk" is insufficient, as patrons are seldom, if ever, physically patted below the waist (where many weapons are concealed). A metal detector (hand-held or walk-through depending on volume of patrons) is recommended, along with training in its calibration and proper use. A female security officer is recommended as part of the team to frisk females who set off the metal detector.

Note that these two functions, doormen and weapons screening, are separate from any personnel used to collect money or perform other functions at the door.

Bartenders and Servers

The second line of defense for any establishment is its bartenders and servers. Each should be trained to identify patrons who are visibly becoming intoxicated, or becoming loud, obnoxious, or "looking for trouble." They should also be trained in basic non-confrontational methods to cut such people off from further drinking. Condoning the presence of visibly intoxicated persons, or turning them loose to drive on the streets is a recipe for disaster. Training for these personnel should also include low-key behavior modification techniques that can often defuse a problem before it escalates.

Security Personnel

The next and final line of defense for most establishments are the inside security personnel (floormen), often referred to as "bouncers." The term "bouncers" presents an image of an untrained, physically large ex-football player or wrestler who handles drunk or unruly patrons by physically grabbing them and tossing them out the door. Unfortunately, this image is all too often real in some establishments. The actions of these untrained employees are what frequently give rise to subsequent injuries, deaths, lawsuits, negative publicity, and jeopardy to club licenses.

The true job of inside security personnel is to monitor the crowd to ensure that no one becomes unruly. Deterrence and prevention first! Patrons should be able to have a good time, but within established limits set by the club. To do this, security employees should be carefully screened for clear backgrounds along with maturity and good judgment, and should have specific written guidelines on exactly what action(s) management wants them to take or not take. They should then be trained in those duties, and their individual training documented. Their duties should be limited to "security" type duties so that they do not become distracted, or find themselves elsewhere emptying ashtrays or performing other non-security duties when a problem arises.

One rule of thumb is one floorman for each anticipated fifty to seventy-five (50-75) patrons, depending on the "security history" of the establishment. If unsure how many patrons are expected, management should base the number on the club's fire-code capacity. It's always better to over-staff than to be caught short. On a "heavy" night, especially if there has been a history of problems in recent months or years, that ratio should be increased to one floorman for approximately each 35 patrons.

Sometimes club layouts require other inside-security personnel to cover hallways, stairways, and adjacent entrances to men's and women's restrooms, where crowds may gather and trouble erupt. These personnel should be in addition to the 1/50-75 ratio used on the floor.

Management sets the tone and atmosphere of any club. Within that environment, floormen accomplish their jobs by first being highly visible to all present. They frequently wear a security–type uniform, or (I recommend) a brightly colored red or yellow shirt or jacket. Such shirts or jackets usually bear the words "Staff" or "Security" on the front and back in large white or black letters. The highly visible presence of these floormen (and women) as they circulate throughout the club reminds patrons that their conduct is being scrutinized. In large clubs that become crowded, security personnel should be in radio communication with each other, using radios with an earphone extension.

If establishment rules are being violated, floormen or other employee should immediately discreetly explain the rule to the violator(s), then promptly enforce the rule. If possible, separate the violators from their friends so they won't become embarrassed. Don't wait, however, hoping the problem will go away. Again, good communication skills and tact are important when hiring floormen and women. Usually this "warning" is all that is needed to effect compliance. Other security personnel, servers and management can be alerted to keep an eye on that particular person or party. Where an initial warning doesn't do the job, a second, less-friendly but still courteous warning should be issued, and if not previously involved, management should be notified and given a "heads-up" as to the developing situation.

Removing Patrons

Sometimes visible presence, rule enforcement and warnings aren't enough and, for the safety of staff and customers alike, an unruly patron must be ejected. Whenever possible, two or more security people should be present (the rule of thumb is to have, wherever possible, at least one more security person present than the number of patrons being asked to leave).

Escorting a patron out of a club involves first explaining why the person is being asked to leave, then verbally requesting that they comply. If the customer has previously been warned, they already know why they are being asked to leave, and, if treated courteously, many will leave without problem. If the customer hasn't been violent or overly aggressive, or is not refusing to leave, they should be given a moment or two to collect themselves and perhaps finish their cigarette, or take one last sip of their drink before leaving. Rushing things at this point can exacerbate the situation as the customer tries to regain his or her dignity (or self-esteem) by demonstrating that "no one is going to throw them out." An unnecessary fight frequently results.

Use by security personnel of chemical weapons such as mace or pepper spray should be limited or prohibited by management. This is especially true in larger, more crowded clubs, where nearby patrons may be sprayed or affected by their use. Panic and injury may result! I don't recommend them. If approved for use by management, only trained and certified personnel should be permitted to carry or use chemical sprays, and then only under strict guidelines.

When a cover charge has been collected for entry, a dispute sometimes arises with the patron(s) being ejected. It is usually wise to have management refund the cover charge in an effort to get the patron(s) to peacefully leave, rather than risk a verbal confrontation that can quickly evolve into a physical fight and injuries … all over a few dollars.

Use of Force

In escorting a patron out, blocking movements by the security officers using their body, and (if necessary) light touching to guide or direct the person may be permitted in some circumstances, but no greater force should be used except in self-defense, or in protecting some other person against injury or assault. Primary direction should be by verbal commands plus the presence of more security personnel than the number of person(s) that are being removed. Absent a criminal act by the individuals being removed, grabbing them constitutes an assault and may result in criminal or civil liability to the club or security person. Verbal abuse of floormen or management by patrons is usually not against the law, and should be considered part of the job. Physical force should never be used against a patron who has used only words. People's actions, not their words, are the key!

Only "reasonable force" sufficient to hold or restrain an attacker, or overcome an attacker’s use of force in defending others is legally authorized in most jurisdictions. Such force should not be greater than the force being used by the attacker. The key word is "reasonable," as in "reasonable to a judge or jury." Security officers or club personnel offensively punching, kicking, tackling, dragging, or using "strangle" holds against patrons are almost always inappropriate and should be specifically prohibited by club management. Any greater force than the attacker is using could subject these personnel to criminal charges of assault, and possibly civil charges against both the individuals and the establishment. Obviously, however, defending against a serious or deadly attack involving knives, guns, clubs or other weapons is an exception to this rule, and security and other personnel will do what is reasonable to protect themselves and patrons from such assaults, and to control the assailant(s).

When two patrons are being ejected for fighting with each other, the more aggressive patron should be ejected first. Only after he or she has been observed by security or management to physically leave the property should the second person be ejected, if possible through a separate door. Throwing both combatants out the same door together to let them "duke it out" is inappropriate, and just asking for trouble.

When several persons are engaged in a fight, security and club personnel may have to "peel" them from the crowd, one by one, in an effort to break up the fight, and escort them outside. The key is separating the combatants, then preventing those ejected from re-entering the establishment or the fight. Where possible, one security person should remain outside or at the door and attempt to get ejected patrons to leave so that the fight does not re-start or continue outside. In such a situation the police should be called for assistance as early in the situation as possible.

It should go without saying that if a patron, even an intoxicated, obnoxious and combative patron, is injured, they should be offered medical attention, usually by calling EMS or an ambulance. If the person is unconscious, medical help should always be called for them. Never eject a visibly injured person from an establishment without first offering to help them obtain medical treatment. Even if the offer is rejected, it may still be appropriate to call EMS and let the injured patron personally decline their services. This is a case-by-case management decision, or a policy set by management. A written report should be prepared in all such cases, especially if an injured person refuses medical attention.

If a patron refuses verbal requests or commands to leave after management has requested he or she leave, or fails to promptly leave the property after exiting the club, in most states the person is guilty of criminal trespass. The individual should first be warned that the police will be called if they don't leave. If they don't then promptly leave, the police should be called. Also, if a patron physically resists removal, the police should be called and the patron removed and arrested. On-duty management, however, will have to make the decision to criminally prosecute the individual for trespass before the police are called.

Outside the Club

Tavern or club operated parking lots should have a minimum of three foot-candles of lighting, measured horizontally at the surface throughout the lot. Security employees should monitor the parking lot(s) starting at least 30 minutes before closing time, and continuing until all patrons and employees have left. This is especially critical if there have been prior incidents in the parking lot. Sometimes past activity will dictate that security monitor the parking lot(s) the entire time the club is open, either with one or more patrolling officers or through the use of continuously monitored Closed Circuit Television (CCTV) cameras. Incidents sometimes may erupt outside the club but still on the club's property. The visible presence of security may deter incidents from happening, or, if not deterred, security is then in a position to call the police and intervene as appropriate. If large numbers of patrons leaving at the same time have caused traffic or other problems for the police in the past, club management should contact and work with law enforcement to arrive at workable solutions to the problem. Management that fails to do so may incur the opposition, rather than the cooperation, of the police.

Conclusion

While lawsuits and bad publicity concerning security at nightclubs are on the rise throughout the country, they don't have to be. Establishments that use the guidelines described here can significantly reduce (but not totally eliminate) their exposure to such lawsuits. These guidelines and suggestions are not intended, however, to provide the reader with a complete security program for their specific bar, tavern and nightclub. Rather, they are a starting point, and provide basic security considerations derived from what the author believes are well-accepted security principles, and the "best practices" of numerous establishments.

It should be remembered that each establishment differs in its size, layout, clientele, and specific risks, and that the clientele and risks may change over time, sometimes a very short time. Always consult with your attorney. Another good idea: Contact a professional security consultant for assistance in developing your establishment's security program.

Disclaimer:

Based on what the author believes are generally accepted security principles as of the date of its writing, and on data gathered from what are believed to be reliable sources, this article is written for general information purposes only and is not intended to be, and should not be used as, a primary source for making security decisions. Each situation is or can be unique. The author is not an attorney, is not engaged in the practice of law, and is not rendering legal advice. Readers requiring advice about specific security problems or concerns should consult directly with a security professional. The author of this article shall have no liability to any person or entity with respect to any loss, liability, or damage alleged to have been caused by the use or application of any information in this article, nor information contained on this or any linked or related web site.