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 service of alcoholic beverages that tend 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 alleging excessive or inappropriate force used by their staff or security personnel against patrons, and/or a failure on the part of the establishment to protect innocent customers from assaults by others.

Because of their lack of prior problems, or because of the types of crowds their atmosphere and (any) entertainment attract, 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 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." The playing of pop music, especially by a live band (or DJ), may also be a risk factor by creating or inviting an atmosphere of intense physical activity, 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 bring outside conflicts (and violence) into the club.

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 assaults, or the use of excessive or inappropriate force by employees to quell a disturbance, will most likely result in a lawsuit against the club. The following "best practices" will help avoid that.

FIRST, THE PLAN

Nightclubs should have a security plan in place. It doesn’t have to be elaborate, but it should be thought through. Management decides which customers it will attract based on the club’s location, and the atmosphere and music format it provides. Promotions of two-for-one drinks, or large over-sized drinks, 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, increasing visible “security,” and other measures appropriate to that facility.

A security plan should generally be written, and should include management’s realistic expectations as to what security problems are likely to occur. Once the potential problems are identified, counter-measures can be developed and club personnel trained in their implementation.

THE DOOR-PERSON

The first line of defense for many nightclubs is a door-person. 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/or been barred by management. Tact and a food sense of humor and fairness are important traits to look for in hiring such persons.

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," and 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 often defuse a problem before it escalates.

SECURITY PERSONNEL

The next and final line of defense for most establishments are the inside security personnel (floor-men), 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, and 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 and trained, and have specific written instructions or guidelines on exactly what action(s) management wants them to take. Their duties for the most part 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 problems arise.

Management sets the tone and atmosphere of any club. Within that environment, inside security personnel accomplish their jobs by first being highly visible to all present. They frequently wear a security–type uniform, or a brightly colored (usually red or yellow) shirt or jacket. Such shirts or jackets usually bear the words "Staff," "Courtesy Staff," or "Security" on the front and back in white or black letters. The highly visible presence of these security persons as they circulate throughout the club reminds patrons that their conduct is being scrutinized.

If establishment rules are being violated, the security person or other employee should explain the rule(s), then immediately enforce them. 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 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, 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." A 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/or injury may result! If permitted at all, 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 which can quickly evolve into a physical fight …all over a few dollars.

USE OF FORCE

In escorting a patron out, blocking movements by the security officers using their body, and slight touching or holding to guide or direct the person are permitted, but no greater force should be used except in self-defense, or in protecting some other person against injury or assault. Verbal abuse of the security officer or management is usually not against the law, and physical force should never be used a patron who has used only words. People’s actions, not their words, are the key!

Only "reasonable force” sufficient to hold an attacker, or overcome an attacker’s use of force" is legally authorized in most jurisdictions. Such force should not be greater than the force being used by the person being subdued or ejected. The key word is "reasonable," as in "reasonable to a judge or jury." Security officers or club personnel punching, kicking, tackling, dragging, or using "strangle" or "choke-holds" against patrons are almost always inappropriate and should be specifically prohibited by club management, in writing. 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 club. Obviously, defending against a deadly attack involving knives, guns, clubs or similar 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.

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 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 and 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 management decision, or a policy set by management. A written report should be prepared in 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 they are guilty of criminal trespass. The police should be called. If a patron physically resists removal, usually the police should be called and the patron removed and arrested. Management, however, will have to make the decision to criminally prosecute the individual for trespass before the police are called.

OUTSIDE THE CLUB

Security employees should monitor the parking lot (if any) starting 30 minutes before closing time, and continuing until all patrons and staff 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 the entire time the club is open, either with one or more 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 such incidents from happening, or, if not deterred, security is in a position to call the police and intervene. 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 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. The overview and guidelines described here can significantly reduce the exposure of establishments that use them 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 well–accepted security principals and the "best practices’ of many 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 security program.