A R T I C L E —

Security for Bars, Taverns, Lounges and Nightclubs

 

by Ralph Witherspoon, CPP, CSC

 

The goal of most bars, taverns, lounges and nightclubs is to provide a hospitable gathering place where patrons can have a good time, often by listening to or watching entertainment, and/or dancing, while purchasing and consuming the establishment's primary product — alcoholic beverages. However, 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 and, increasingly, litigation for bars and club operators.

 

While applicable to all types of establishments as their circumstances and cliental dictate, this article is targeted toward larger bars and nightclubs, including dance clubs and adult entertainment establishments, aka. gentleman's clubs.

 

Risks

 

Some establishments 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 attract young (and frequently underage) people, who then often engage in “binge drinking” or other risky behavior. The playing of pop music, especially by a live band or DJ (often involving a pounding beat), may also be a risk factor since it frequently creates an atmosphere of intense physical activity, sometimes even reckless abandon. A flashing strobe light, laser show, or similar “enhancements” may also heighten the atmosphere, and the establishment's risk! 

 

What are your establishment's risks (in dollars) for criminal or negligent acts by your employees or on your property? or, your direct costs/loss for such acts? or, litigation costs? or, loss of reputation and customers?

 

Many establishments 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 such as New York and Las Vegas now have laws, ordinances or “guidelines” as to what minimum security measures or equipment bars and nightclubs should provide, or must meet. For the vast majority of cities and counties that do not mandate such requirements, the national standard for management of these establishments is “reasonable care” based on the nature and location of each individual establishment, and the reasonably foreseeable risks each establishment faces.

 

Any establishment's management has a responsibility to use reasonable measures to provide a safe environment for its customers (invitees) and employees. That responsibility usually includes the club's parking lot, and sometimes the sidewalks and other areas immediately adjacent to the bar or club which are routinely used by its patrons. 

 

Club Operation

Management decides which type 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, $ .75 "jello shots", or large over-sized drinks, or promoting a three or 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 the "tone" by changing the music, adding or changing the amount of (any) door cover charge, increasing or relaxing its dress code, changing décor and lighting, changing or eliminating specials, increasing "visible" security, or taking other appropriate measures.

 

First, The Plan

Taverns and nightclubs should assess the risks to their particular establishment, including violence in the last few years at the club, and to a lesser extent the the violent crime history in their immediate neighborhood and at any nearby bars or clubs.  Each club should then develop a security plan based on the type of customers they attract, plus their known or likely problems. A key factor is knowing your patrons - who are you attracting. Your plan doesn't always have to be elaborate or even, in the case of small "neighborhood type" establishments with only a couple of employees, written, although written is definitely preferred, especially for training, continuity and documentation purposes. Once the potential problems and risks are identified, control or countermeasures can be developed and club personnel trained in their implementation. The security plan should be reviewed at least annually, or more often if problems are occurring, to determine whether any changes in the club's security plan are needed. Most importantly, all staff, especially security, should be trained (with the training documented) and understand the goals, policies and procedures of the establishment. Employees implement the club's policies and procedures, with guidance and supervision by management. 

 

The Door Person

The first line of defense for many nightclubs is a Doorperson. Stationed at the entry door(s), the Doorperson (who, regardless of title, is also a security person) keeps order at the entrance, and usually checks IDs to ensure that people seeking entrance have a valid government issued photo ID, and are of legal age. They also deny entry to persons who are visibly intoxicated, don’t meet the club’s dress code, or who are known to have previously caused problems, and/or been barred by management. Club rules and dress code should be prominently displayed at the entry door(s). Tact, excellent communication skills, and a sense of humor and fairness are important traits to look for in hiring such Doorpersons, and Linemen (who patrol and maintain order in any outside waiting "rope-lines"), because they are the first contact with potential patrons and set the tone for each person's visit.

Also, arriving guests can be screened by Linemen for dress code compliance (it is better to identify problems when the potential guest first arrives outside, rather than after they have been waiting in line for a half or full hour), and if they appear under the age of 30, and initial ID check. Arriving pations can be briefly “interviewed” by Linemen while standing in line, or by the door person or at the entry door. “How are you doing this evening?” and “May I see your Driver’s License please?” are common, casual questions, the answers to which help the door person judge the potential patron’s sobriety and attitude. A slurred or growled “None of your business” or similar response, or an unsteady balance, are a yellow flag about possible problems from that person. Obvious intoxication is not only prohibited in most states, but is a red warning flag even if not prohibited in your state, and should cause the potential patron to be turned away. It is much easier to keep trouble out - than it is to break up a fight and eject those involved, or, to react to a lawsuit charging your establishment having caused the intoxication.

Where specific security screening is used, that should take place immediately behind the Doorman (inside the exterior doors). A body "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 the volume of patrons) is recommended, along with documented training (and re-training) of both management and security personnel in its calibration and proper use. As a part of the door team, a female security officer is recommended to search purses and frisk females who set off the metal detector.

Note that these two functions, Door Persons and Linemen, and any weapons screening, are separate from any other personnel used to collect money, check coats, or perform other functions at the entrance(s).

 

Bartenders and Servers

The second line of defense for any establishment is its bartenders, servers and bus staff. Each should be trained (with the training documented) 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 reduce, or to cut such people off from further drinking. Condoning the continued presence of visibly intoxicated persons, or turning them loose to drive on the streets is a likely recipe for disaster. Training for these personnel (which is available from several organizations such as TAM - Techniques for Alohcol Management or TIPS - Training on Intervention Techniques) is available in various forms. Involved staff should, as appropriate, alert other servers, bartenders, security and management of any developing situation. 

 

Security Personnel

The next and final line of defense for most establishments is 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 often unscreened and untrained employees are what frequently give rise to subsequent injuries, deaths, lawsuits, negative publicity, and jeopardize club licenses.

The true job of inside security personnel is to deter patrons from becoming unruly. They do so by their visible presence, alertness, observing and assessing what goes on within their sight and hearing, and verbal and/or physical intervention if necessary. 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 criminal 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 such as "bar back" when a security problem arises. Note: To reduce the presence of potential weapons, I recommend the use of as little glass as possible. Use plastic type glasses, mugs, and pitchers. If smoking is permitted, don't use glass ashtrays.  

How many? No two clubs are exactly alike. What are your patron demographics - a large hip-hop club with 400-500 patrons in one room will require different security than if the the same number of patrons were divided throughout three or four rooms, or on two or three floors, or if your patron demographics and music were different. One "rule of thumb" which I recommend is one Floorman for each anticipated 50-75 patrons, depending on the "security history" of the establishment, its layout, or its nature, e.g., an Adult Entertainment / Gentleman's Club, because the nudity coupled with the alcohol , will usually require a higher ratio of security to patrons. (Note: New York City’s guidelines for all bars call for one at least security person for each 75 patrons, plus one security supervisor for each five security persons - also, San Diego requires a 1:50 ratio). If unsure how many patrons are expected, management should base the number of Floormen on the club's occupancy or fire-code limits. It's always better to over-staff security somewhat, then reduce it during the night if not needed, than to be caught short in the middle or at the end of the night. On an anticipated "heavy" night "weekends or special events", especially if there has been a history of recent problems, that ratio should possibly be increased, for example, one Flooman for approximately every 40 - 50 anticipated patrons.

Also Note: In many clubs it is often wise to use one or two female "Floorman", as women can frequently verbally defuse a non-violent situation that a male would possibly escalate. 

Sometimes club layouts require additional inside-security personnel to cover hallways and stairways adjacent to men's and women's restrooms, or other isolated areas where crowds may gather and other trouble or assualts occur. These  security personnel should be in addition to the 1/40 - 75 ratio used on the floors.

Management sets the tone and atmosphere of any club. Within that environment, floor men accomplish their jobs by first being highly visible to all present. They sometimes wear a security–type uniform, or (I recommend) a brightly colored red or yellow collared ("golf" or "polo" type) shirt or jacket, and dark slacks. Such shirts or jackets with collars should bear the word "Security" (or "Floorman") on the front / back in large white or black letters. In any case, they should be highly visible and not  confused with any shirts or uniforms that servers or other club personnel wear. Some clubs have "up-scaled" their club image and security attire by using tuxedos, or dark blue or black suits. This may work with the Doorman - however, Floormen wearing a name tag stating "Security" on a tux or suit are not easily identifiable in an altercation - and can become just another body in the fight. I recommend you take careful consideration before using htis approach.

 

The highly visible presence of Floor Men (and women) as they circulate throughout the club  (or sometimes in fixed positions), reminds patrons that their conduct is being scrutinized. Where more than three or four Floormen are used, or in clubs that frequently become very loud or crowded, security personnel should be in radio communication with each other, the Doorman, MOD and GM using radios with an earphone extension and lapel or boom microphone. An additional option, depending on size and layout, one or more floor men in elevated "pulpits" (or movable stands 18" high) often in the room corners, or on a raised stage or bandstand, where they can see over the heads of dancers and walkers, and quickly identify disturbances starting.

If establishment rules are being violated, Floormen or other employees should immediately discreetly and politely explain the rule to the violator(s), and 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 are important when you are hiring Floormen and women. Usually this "warning" is all that is needed to effect compliance. Depending on your club's policy, where an initial warning doesn't do the job, a second, less-friendly but still courteous warning should be issued, usually by a manager accompanied by two or more security personnel. Other clubs use a "Second Strike - OUT" policy.

 

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, two security persons present for each person being asked to leave), but don't leave the rest of the club uncovered! That is another reason why adequate staffing each night is so important.

Escorting a non-violent 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, but explain it briefly again. If treated courteously, many will leave without problem. If the customer hasn't been violent or overly loud and aggressive, or is not refusing to leave, they should be given a moment or two to collect themselves and perhaps take one last drag on a cigarette (if legal). Don't, however, permit any continued alcohol drinking. Remember - 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,  or "weapons" such as "saps", clubs, large heavy flashlights or handcuffs, should be strictly prohibited by management. This is especially true in larger more crowded clubs, where nearby patrons may be sprayed or affected by chemical spray use. Panic, injury and even death may result! I do not recommend them.

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. In many cases, patrons being ejected are barred from returning for a set period of time, or sometimes "banned" permanently. If the person has been engaged in a physical fight or physically resisted removal, I strongly recommend they be permanently banned, forever! If you don't, and they return at some future time and cause damage or injury, your establishment may be sued using the argumenbt you knew the person was violent, and you let him/her come back. Don’t make the mistake of letting that trouble in twice!

 

Use of Force

First check with your attorney as to what you local or state laws permit!

Usually, in escorting a patron out, blocking movements by the security officers using their body, and (if necessary) light touching to guide, direct, or even support an unsteady person may be permitted in some circumstances, but no greater force should ever be used except in self-defense, or in protecting some other person(s) against injury or serious physical 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 (such as physical assault against others) by the individual(s) being removed, or their physical resistance to being removed, your employees grabbing, tackling or hitting them or other patrons usually constitutes an assault.  Only "reasonable force" sufficient to hold, restrain or remove an attacker, or overcome an attacker’s use of force in your 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". Any greater force than the attacker is using could subject you and your 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, or multiple attackers posing extreme risk of great bodily harm to a patron or employee is an exception to this rule, and security and other personnel should do what is reasonable to protect themselves, patrons and employees from such assaults, and to control the assailant(s).

Verbal abuse of Floor Men or management by patrons is usually not against the law, and should be considered part of their job. Physical force should never be used against a patron who has used only words. People's actions, not their words, are the key!

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, not just the building, should the second person be ejected, if possible through a separate door. Throwing both combatants out the same door together or into the same parking lot to let them "duke it out" is inappropriate, and just asking for trouble. Note: New York Police Department's Best Practices Plan for bars and clubs also recommends this, e.g. "Establishment policy should mandate that security separate and remove all potentially violent persons in a manner, consistent with the law, that is designed to prevent a continuation of violent activity inside or outside the club." (emphasis added).

Ejected persons should be warned that having been told to leave, if they remain on the club's property they will be trespassing and the police will be called. If they don't immediately leave - the police should be promptly called! A detailed written report should be prepared immediately after any physical altercation occurs, but no later than the end of the night. Reports should be kept on file by management for at least one year, or for the statutory time in your state for filing lawsuits (check with your attorney). Also, if a patron physically resists removal by club security, the police should be called and the patron removed and arrested for trespass and assault and battery. On-duty management, however, will have to make the decision to criminally prosecute the individual(s) before the police are called, unless the situation is so serious that immediate police presence to quell the disturbance is necessary.

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 your establishment without first offering to help them obtain medical treatment. Even if your offer is rejected, it may still be appropriate to try to get a signed waiver from the person, or 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.

 

Outside the Club

Security employees should monitor the club's parking lot(s) or those close by and routinely used by the club's patrons, 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. In many cases arguments or fights will start outside the club among patrons who are leaving. Sometimes past activity will dictate that security monitor the parking lot(s) or adjacent sidewalks the entire time the club is open with one or more patrolling officers. Or, the use of continuously monitored digital Closed Circuit Television (CCTV) cameras making digital hard drive recordings (color is preferred) is an alternative. Retaining all "video" for at least thirty days is a good practice. The same goes for recording activity at the doors and inside the club. If an incident occurs, I recommend copying the entire incident plus 30 minutes before and after onto a DVD disc and retaining it for at least a year. Consult with your attorney.

Incidents sometimes may erupt outside the club but still on the club's property. The visible presence of security personnel, and/or signage warning of CCTV surveillance of the parking lot (and inside the club) may deter some of it, or record what occurs. (Note: Never use dummy CCTV cameras or false or misleading signage about CCTV use which others may rely on to their determent). If not deterred, security is then in a position to call the police and intervene to protect innocent patrons as appropriate and/or directed by management. If persons are injured, CCTV recordings will possibly assist the police and could help in defending the club against any claims. Keep copies of any incidents for at least one year or as advised by your attorney or insurance company.

 

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 and negative publicity. These guidelines and suggestions are not intended to provide the reader with a complete security program for their specific establishment. 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 bars and clubs.

 

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.

 

Readers desiring additional information on these or related subjects should contact a qualified professional security consultant and/or their attorney.

 

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, or with their attorney. 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.

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Rev 4/17/12