Safe Night Resource Guide to Improve Safety and Economic Viability in the Hospitality Industry

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Resource Guide to Improve Safety and Economic Viability in the Hospitality Industry

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Terms of Use and Disclaimer — The information contained in this document (including all external links and downloads) has been culled from a wide variety of industry experts, online resources, and government agencies, and is for general informational purposes only. The information is provided in good faith to support our clients and friends. Safe Night LLC makes no representation or warranty of any kind, express or implied, regarding the accuracy or completeness of the information contained herein. Your use of this document implies acceptance of the Terms of Use and Disclaimer on the last page of this document.

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Foreword

Those in the hospitality industry often wonder how they can provide a safe experience for their customers while also remaining profitable and complying with the law. Fortunately, restaurant, bar and entertainment venue owners can take some simple, achievable steps to improve standards and policies that reduce liability and make their establishments safe for everyone.

I witnessed this firsthand in my hometown of Arlington, Virginia, as the Clarendon neighborhood became a popular nightlife destination. Unfortunately, crime also increased and much of it was alcohol related. Law enforcement made attempts to increase police presence, but crime and liability for our favorite restaurants increased while morale plummeted.

Master Police Officer Dimitrios “Jim” Mastoras was tasked with increasing both safety and vibrancy as the first Nightlife Liaison for Arlington County, VA. His bold, innovative development of the Arlington Restaurant Initiative (ARI), a nationally recognized and evaluated accreditation program, provided fresh, holistic methods to manage nightlife safely including the Bar Safe program, dedicated rideshare lanes, and increased coordination with the Washington Regional Alcohol Program (WRAP)’s Sober Ride program. The foundation he used for implementing ARI was the Proactive Alliance relationship-based approach developed by Molly Mastoras, a licensed professional counselor. Jim learned the crucial importance of listening to owners, managers, and staff to understand their unique challenges so he could provide the most effective guidance as Nightlife Liaison.

Responsibility.org was excited to support our hometown law enforcement and hospitality industry in this joint effort. Over the course of a few years, crime was down significantly, restaurants were working together and recognized by Arlington County as responsible business partners, and customers were safer. We are excited to support Jim and his partner, Molly Mastoras, LPC, as they provide guidance to the hospitality industry and municipalities with their consulting firm, Safe Night LLC. Safe Night’s goal is to guide restaurant, bar, and special event owners and staff to build mutually beneficial relationships and to create effective policies and training that reduce alcohol-related harm. This resource guide provides users with actual challenges and experiences of bar and restaurant owners, managers, and staff and is the perfect starting point for anyone who needs a roadmap to deliver a safe experience for customers and staff.

Brandy Axdahl, SVP, Responsibility Initiatives Responsibility.org

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Table of Contents Introduction .......................................................................................................... 5 Part I Benefits…...……………………………………………………………………..……….7 Partnerships……………………………………………………………………..……….8 Successful Programs………………….………………………………………..……….9 Evidence-Based Research………………………………………..…………………...10 Guides & Articles……………………………………………………………..………..11 Part II Standards...…………………………………………………………………….………13 Policies & Procedures………..………………………………………………..………14 Examples of Policies…………………………………………………………..………16 Operational Checklists…………………………………………………...…..…….…19 Employee Training…………………………………………………...…..…….……..20 ABC Laws………...……………………………………………...…..…….……..20 Criminal & Civil Liability………...…………………………...…...…..…….……..22 Active Shooters………...…………………………………...…..………...….…..24 Safe Night Active Bystander Sexual Assault Intervention Training..……….....….…..25 "Ask For Angela"………...………………………………...…..….……...….…..27 Preventing Human Trafficking………………………………...…..………...….….27 Incident Reporting…………………………………………………...…..…….……...28 Special Events…………………………………………………...…..…….………......29 Part III Prevent Impaired Driving……………………………………………………..………32 Bar Safe Program……………………………………………………..…………….…34 A Well-Designed Bar……………………………………………………………….…37 Conclusion………………………….………………………………………………..…40 Biographies…………………………………………………………………………..…41 References…………………………………………………………….……………..…44 Contact Us…………………………………………………………….……………..…46

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Introduction Operating a restaurant, bar, tavern, or special event venue that serves alcohol can be a high-risk endeavor. Owners face the dangers of criminal and civil liability from state and local authorities, patrons, and even employees. While most establishments operate safely with an occasional issue, it can be difficult for owners to prove that they are using effective practices that are supported by employee policies and training.

In 2020, the hospitality industry faced many additional challenges including trying to survive during the COVID-19 pandemic. According to the National Restaurant Association (2020), an estimated 17% of U.S. restaurants, over110,000 establishments, closed. The bars and restaurants that remain have been operating with a fraction of the usual staff and earning significantly reduced revenues.

The year 2021 and beyond will bring new challenges to even the most seasoned licensed operators as people who have been deprived socialization and the ability to visit establishments during the pandemic begin venturing out again.

The introduction of COVID-19 vaccines will allow state and local regulatory authorities to begin lifting restrictions on occupancy and service hours. This will allow restaurants and bars to hire the new employees necessary to meet the imminent demand.

This guide is meant to inform and support restaurant and bar owners in developing and implementing relevant, effective employee standards, policies, and training in an effort to reduce liability when hiring new employees and welcoming back returning staff.

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Part I Benefits & EvidenceBased Research

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BENEFITS & RESEA RCH

Benefits

Sustainability and brand loyalty are among the benefits of implementing employee standards, practices, and policies. Several national and international programs and models provide guidance for improving practices and reducing liability.

Best Bar None (BBN) in the United Kingdom (UK) and Canada, National Pubwatch (UK), and the Arlington Restaurant Initiative (ARI) in Arlington, Virginia are examples of successful, voluntary programs that promote and prioritize patron safety.

• Improve employee accountability • Adopt a guardianship model to keep patrons safe • Reduce criminal and civil liability for businesses and employees • Adopt a proven accreditation model used to promote safety for patrons • Improve standing with public safety and regulatory agencies • Improve compliance with common alcohol beverage control laws and state/local ordinances

It is common for licensed operators to express a desire to “fly under the radar” in regards to the operation of their establishments. Many operators believe that if they avoid interaction with enforcement agencies and community they can escape scrutiny of their practices.

A commitment to standards higher than the minimum required by law demonstrates that establishments emphasize the safety of employees and patrons. Celebrating and promoting the implementation of a multi-component approach and voluntary accreditation model shows commitment and good faith efforts to customers, staff, enforcement agencies, and the local municipal government.

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BENEFITS & RESEA RCH

Establishing trustful relationships with enforcement, regulatory, and public safety agencies can be difficult. Regularly practicing effective employee standards can be the first step in building or repairing the reputation of an establishment.

Partnerships

When deciding to issue a violation, the establishment’s perceived levels of compliance, cooperation, and effort informs an agent or officer’s decision. For example, if a fire marshal approaches a security guard and asks for an occupancy count, only to be met with resistance, the fire official may be less likely to exercise discretion.

Further, perceptions can influence elected officials who preside over permit renewals for special events and live entertainment.

Complaints about quality of life issues such as noise, public intoxication, urinating in public, and litter also sway community opinions of bars, restaurants, and clubs.

Creating and implementing policies demonstrates a commitment to public safety and respect for community and municipal concerns.

• • •

•

•

Reduce strain on public safety resources Reduce alcohol-related violence Reduce anti-social behavior and quality of life crimes (urinating in public, drunk in public, trespassing, and property crimes) Collaborate with public safety, municipal inspectors and ABC agents to prevent issues Improve relationships with the community and neighborhood groups

Testimonia l “The Washington Regional Alcohol Program’s SoberRide® was established to prevent drunk driving and values the partnership with the Arlington Restaurant Initiative (ARI). Working together, we improve the public’s awareness about impaired driving and how to choose a safe ride home.”

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Kurt Erickson President, Washington Regional Alcohol Program (WRAP)

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BENEFITS & RESEA RCH

Successful Programs Best Bar None (BBN) The Best Bar None voluntary accreditation model is active in over 35 cities across the United Kingdom and Canada. The program aims to improve the standards and operation of establishments licensed to serve alcohol. Areas covered include, responsible alcohol service, security operations, occupancy, prevention of crime and disorder, public safety, and prevention of nuisance issues.

Arlington Restaurant Initiative (ARI) The Arlington Restaurant Initiative (ARI) was developed to improve standards for licensed establishments that serve alcohol and improve trust between public safety agencies and restaurant/bar owners in Arlington County, Virginia. ARI began as a pilot program with eight establishments in 2018 and now accredits 47 restaurants/bars and six promoters and business improvement districts that regularly hold large special events that include service of alcohol.

Similar to the BBN model, the Arlington Economic Development Office and Arlington Chamber of Commerce promote accredited establishments to raise operations standards.

The U.S. Department of Justice Community Oriented Policing Services (COPS) Office recognized ARI as a national model for managing nightlife in a toolkit titled The Arlington Restaurant Initiative – A Nightlife Policing Strategy to Improve Safety and Economic Viability.

Licensing Security & Vulnerability Initiative (SAVI) The Licensing SAVI program is an online program to help bar and restaurant owners conduct an online self-assessment of their establishment. This tool ensures they are providing the safest environment possible for patrons and staff.

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BENEFITS & RESEA RCH

National Pubwatch National Pubwatch is an organization that promotes proactive practices and effective working relationships between bar staff and local enforcement agencies. National Pubwatch is a patron accountability program in which bar/restaurant owners set standards of conduct to reduce quality of life issues and crime at their establishments. Patrons who commit crimes are banned from not only the bar/restaurant where the crime occurred, but also by other establishments in the National Pubwatch program.

Evidence-Based Research Evidence and Practice in Europe - Reducing harm in drinking environments - WHO Collaborating Centre for Violence Prevention.

The Centre for Public Health WHO Collaboration Centre for Violence Prevention at Liverpool John Moores University (Jones, et al. 2011) found that the most effective interventions aimed at reducing alcohol-related harm are multicomponent, community-based programs that combine employee policy, training, community mobilization, and improved public safety support at the local level.

No evidence was found to support the effectiveness of short term or stand alone interventions, including responsible alcohol server training, enforcement only approaches from law enforcement, and underage drinking programs, when not a part of a multicomponent approach.

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BENEFITS & RESEA RCH

Handbook for action to reduce alcohol-related harm The World Health Organization (WHO) Regional Office for Europe (2009) released a guide for municipal, state and local agencies to develop strategies and programs to reduce alcohol-related harm. It emphasizes the importance of having an effective plan and covers ten important areas to a successful multi-component approach. Some of the recommendations include guidance on pricing, marketing, increasing public awareness, community partnerships, stakeholders, training, and evaluation of policies.

Improvements in safety measures require multiple stakeholders to invest in several strategies to support the common goal.

Guides & Articles The following guides and articles demonstrate the need for a multi-component approach to reducing alcohol-related harm in establishments that serve alcohol and nightlife areas: •

Harm Reduction as an Alcohol-Prevention Strategy - Alcohol Health and Research World, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6876518/

•

Interventions to Reduce Alcohol-Related Harm, https://www.euro.who.int/__data/assets/pdf_file/0020/43319/E92823.pdf

•

Preventing Violence by Reducing the Availability and Harmful Use of Alcohol, https://www.who.int/violence_injury_prevention/violence/alcohol.pdf

•

European Forum for Urban Security – Safer Drinking Scenes – Alcohol, City and Nightlife, https://issuu.com/efus/docs/sds_100p_en

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Part II Employee Standards, Policies & Training

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STA NDARDS, POLICIES & TRAINING

Standards • • • • • • • • • •

• •

• • • • • • •

Create a safety officer position Address safe sale and consumption of alcohol Prevent alcohol consumption by onduty employees Prevent underage consumption and detect fraudulent identifications Keep alcohol containers on premises Require drink purchase limits Address possession or use of drugs Manage entrance lines Maintain building occupancy Participate in Active Bystander sexual and domestic assault intervention training Ban weapons on the premises Educate staff on incidents that require police response and crime scene preservation Create standards related to security camera/surveillance systems Implement an incident reporting system Collect and monitor drink glasses Safely disperse patrons Manage noise and avoid loud music violations Provide CPR, first aid, and/or administer Narcan if necessary Support impaired driving programs

Most restaurants and bars operate without formal standards and policies. Developing and implementing standards, policies, and training can be a daunting task for an owner or general manager of a small business with fewer than twenty employees and small profit margins.

However, adhering to standards that are higher than what is required by law or local alcohol licensing agencies can help manage the stress of common problems. Employees frequently make mistakes because they do not have knowledge of the law or their employer has not provided clear expectations. As a result, seemingly minor issues can result in fines, suspension, or revocation of alcohol or business licenses.

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Developing policies and procedures that meet higher standards will help your restaurant or bar operate in the safest manner possible. Written policies ensure that every employee has the same information with the goal of operating the establishment safely.

Policy reflects the rules of operation. These rules are determined by the owner to meet the guidelines of accreditation.

Procedure is the implementation of the policy and how the policy will be followed.

To be most effective, the establishment’s policies and procedures should be available to all employees in written or electronic form. Making these policies available and providing training will give employees the greatest chance of success. Owners and managers are expected to be the most knowledgeable about policies and best practices and able to provide guidance and effective enforcement.

Policy Writing Tip: Employee policies need to include clear expectations and detailed steps. Vaguely written policies are difficult to follow and enforce and are generally counterproductive.

Policies & Procedures Basic policy and procedure information: •

What is the policy?

•

What is the purpose of the policy?

•

Who does the policy apply to?

• •

When is the policy applicable?

What is the procedure for carrying out the policy?

Effective Policies…

• •

Address and define the rules Are clear, concise, and simple to follow

•

Are easily enforced and explained by owners and managers

Effective procedures…

Contain specific steps

•

Are easily understood

Suggested style for writing policy and procedure •

Be concise and factual

• •

Include policy creation or revision date Number policies

•

Use position names rather than names of people to keep policies current and universal

•

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•

Include step by step instructions for completing tasks or documentation

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STA NDARDS, POLICIES & TRAINING

Sample Policy and Procedure Format

Logo or Compa ny Inf ormation Here

Policy N umber: Consider numbering policies to assist in organization.

Policy Da te: Date the policy was created or revised.

Policy: State the rule including specific examples of what is permitted OR what is unacceptable, etc.

Purpose:

Why is this policy important and what is the specific purpose? Include whether the policy is a best practice or meets a local or state code.

Applica ble To:

Who is this policy directed to and whom does it apply to?

Procedure: What is the procedure for carrying out the policy? Provide clear, concise directions that are easy to follow.

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Examples of Policies

The following are examples of several employee policies and standards that provide clear direction and expectations. These are policy prompts or starting points that can be built upon depending on specific establishment issues and experiences and local requirements of law.

Sample Policy Number 1: To be served or consume alcohol in this restaurant, bar, or establishment all patrons must be 21 years of age or older. If patrons appear under the age of 30, request an acceptable form of identification.

Purpose: • Employees are required to request proof of age from all patrons who appear under the age of 30.

•

State Code -

“No sales are permitted to underage

-

persons, who are defined by ABC law as persons less than 21 years of age.”

“Do not allow a person under 21years of age to possess or consume alcoholic beverages on the licensed premises.”

Applicable To: All employees who serve alcohol under the establishment’s Department of Alcohol Beverage Control (ABC) license.

Procedure: • Train servers on acceptable forms of identification as identified by ABC. • Provide a zero-tolerance policy that helps staff meet expectations and outlines consequences if the law and policy are not followed.

• Ensure staff is aware of who is responsible for door duties and the local policies regarding collection and detection of fake identifications.

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Sample Policy Number 2: The sale, possession, or use of illegal drugs by patrons or staff is strictly prohibited. This includes gambling and disorderly conduct on the premises. All offenses will be reported to the local police department.

Purpose: • Prevention of illegal drug activity, illegal gambling, and fighting or use of weapons. This code applies to patrons and staff.

• Use of washroom attendant or security person in the bathroom reduces the likelihood of illegal activity in this area.

•

State Code -

“Do not allow the sale, consumption, or possession of illegal drugs or other

-

controlled substances on the licensed premises.”

“Do not allow any person to possess or exchange any drug devices or

-

paraphernalia on the licensed premises.”

“Do not allow any illegal gambling to occur on the premises, or possession of any illegal gambling apparatus, including certain video games.”

“Do not allow noisy or disorderly conduct on the premise, including fighting or use of weapons.”

Applicable To: All employees.

Procedure: • Consider signage to notify patrons and staff of the establishment’s drug policies.

• Have a policy in place to increase staff awareness of their responsibility to report illegal drug activity to managers.

• Provide a zero-tolerance policy that helps staff meet expectations and outlines consequences if the law and policy are not followed.

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Sample Policy Number 3: Staff must call the police for any of the following reasons: • Use of illegal drugs on the property • Seizure of illegal drugs on the property • Assaults and fights • Excessively intoxicated patrons • Trespassing • Crimes in progress • Discovery of a weapon • Disorderly conduct • Vandalism • Theft Purpose: • Identify the staff person responsible for contacting police in advance to avoid confusion at the time of crisis.

• Designate one employee each shift who is responsible for calling 911 or the non-emergency number.

Applicable To: All employees.

Procedure: • Prioritize patron and staff safety.

• Clearly post all emergency/non-emergency numbers.

• Ensure staff is aware of all situations to call the police.

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Operational Checklists System to track incident reports Staff is advised to use incident report forms to document their actions during incidents involving injury or other accidents.

System to track responsible alcohol server training and employee policies Licensees with well-organized records and certifications demonstrate their commitment to responsible alcohol service.

Interior and exterior premises checklist used at opening and closing A clear checklist gives staff a structured method to inspect for damaged property in or around the establishment. Cleaning up outdoor litter also builds goodwill with neighboring residents.

System for keeping track of banned patrons If a banning notice of a patron is in effect, this document should be easily accessible.

Maintain a list of staff present at general staff meetings when reviewing or discussing changes in policy Holding regular staff meetings ensures accountability and adherence to in-house policies. Documenting who was present for staff meetings allows owners and managers to follow up with those staff members who were unable to attend the meeting and ensure that they receive the necessary new or updated information.

System to track occupancy loads Overcrowding on a premises is unsafe and causes conflict and occupancy violations. Tracking patron numbers is helpful when preplanning for staffing and security.

List of all employees who have valid first aid and CPR certifications Training staff in first aid and CPR demonstrates emergency preparedness and commitment to patron health. In an emergency, it is important to easily identify staff trained in emergency interventions.

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Employee Training

Employee training needs to empower staff with knowledge as well as reinforce establishment policies. As discussed in Part I, violations are usually the result of ignorance of the law or not having clear, defined expectations and policies.

Giving employees training in only one area, such as responsible alcohol service, is not enough to reduce liability for the business and employees.

The Guardianship Model Safe Night believes in a community-based approach to ensure safety. In the context of the hospitality industry, the guardianship model places responsibility on owners, managers, and employees to speak up or intervene when they observe behavior that is unsafe for fellow employees or patrons.

We all have an obligation to maintain awareness, protect each other, and act when we observe inappropriate, illegal, or dangerous behavior that affects the safety and well being of others.

Alcohol Beverage Control Laws Alcohol licenses are issued by local or state regulatory agencies nationwide.

Training provides specific guidance on local or state restrictions and laws and helps employees avoid administrative or criminal violations.

•

Responsible Alcohol Service Training - Several states offer free responsible alcohol service training. Training is also available through reputable companies such as TiPS or VA ABC Consulting.

•

Fake Identification Detection – Detecting fraudulent identifications used by patrons under the age of 21 continues to be a challenge for employees. Providing training to detect fake identifications by common indicators is necessary. Additionally, using legitimate identification scanners, such as Intellicheck’s AGE ID, can be a deterrent for patrons attempting to use fake identification.

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•

Cocktails To-Go - Throughout the COVID-19 pandemic, many states eased restrictions regarding cocktailsto-go. Considering this change, it is important to update policies to ensure that employees are following the restrictions of service. Compliance of third party delivery companies, potential for underage consumption, and liability exposures from over consumption are each an important consideration. Informative labeling on containers used for alcohol to-go can be helpful to remind customers that the establishment sells their products to adults 21 years of age and older only.

Employee policies and training are necessary measures to mitigate liability when selling alcohol in to-go containers. Collaborative relationships with public safety can also help ensure that the sale of to-go alcohol is not negatively affecting the community. By creating and maintaining communication with the community and municipal agencies, issues such as public intoxication and public consumption of alcoholic beverages can be monitored and managed.

The Distilled Spirits Council of the United States (DISCUS) offers many resources for the hospitality industry to safely sell cocktails-to-go. DISCUS has a useful web page, which offers guidance through easy to read fact sheets and webinars about cocktails-to-go.

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Criminal and Civil Liability Employees and businesses face the risk of criminal charges or lawsuits if they violate state or local laws or if patrons are injured.

•

Security Training – Most bars or restaurants refer to their security personnel as “bouncers;” staff who are commonly characterized as being overly aggressive, lacking formal training, and can actually escalate conflict.

Staff acting in this way pose increased risk to patrons and businesses. Managers and staff should eliminate the use of the term “bouncer” since in most states these employees do not actually have the authority to remove or physically “bounce” patrons.

Security that uses unnecessary or excessive force against a patron is one of the most common reasons for lawsuits against establishments (Pyka, 2014). Security staff needs to be formally trained, knowledgeable of the establishment’s policies, and embrace the guardianship model. Establishing a “safety officer” role, an employee who monitors liability and intervenes quickly, is often effective.

Similar roles can be assigned to the person managing lines, checking identifications, and permitting entry, as well as to floating staff who track patron intoxication levels and aggression.

Security staff and employees need to clarify when it is appropriate to remove or eject patrons and engage in elements of procedural justice to ensure fair treatment. Patrons deserve to know the reason they are being asked to leave and what policy they violated.

Lastly, security staff need clear expectations regarding standards of professionalism and appearance, as well as the limits of intervention related to patron fights and ejection.

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•

Public Safety Expectations - Staff must know the appropriate procedures when calling police for assistance. If staff knows and can execute their duties in an emergency, overall confusion is reduced and situations are resolved more effectively. Common incidents when police should be called include:

− Use of illegal drugs on the property − Seizure of illegal drugs on the property − Assaults and fights − Excessively intoxicated patrons − Trespassing − Crimes in progress − Discovery of a weapon − Disorderly conduct In addition to calling 911 or the nonemergency line, staff needs to understand how to preserve a crime scene and retain witnesses in the aftermath of a crime. The procedure must cover at a minimum the following items: − Removal of patrons and staff from the area of the incident − Immediately calling the police and fire department Having a surveillance system in place can protect the business from fraudulent civil and criminal claims. If using a camera system, ensure staff understands its operation and can assist police in collecting images if necessary.

•

Crowd Management and Occupancy – Most states have strict requirements regarding adherence to occupancy limits and egress at front doors where patrons tend to form lines to gain entry. It is the responsibility of the establishment to maintain required distances in case of an emergency or if patrons need to leave the establishment quickly.

•

Identification Scanners – When selling alcohol, any tool that makes verifying a customer’s age is helpful. There are many useful identification scanners that identify fraudulent identifications and verify a customer’s age such as Intellicheck’s AGE ID.

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Active Shooter Incidents High profile shootings at the Pulse nightclub in Orlando, Florida in 2016 and in a nightlife district in Dayton, Ohio in 2019 revealed the vulnerability of bars, restaurants, and nightclubs to potential gun violence.

Active shooter training is often delivered to businesses by local police departments and sheriff’s offices. If your local public safety agency is unable to provide this type of training for your staff, there are several resources that help owners and managers create a response plan.

The US Federal Bureau of Investigation (FBI) and US Department of Homeland Security (DHS) provide programs and resources including the FBI’s Run. Hide.

Fight.® program and the DHS Active Shooter – How to Respond program. Both programs provide useful and applicable information to help hospitality owners and managers develop plans to prepare for an active shooter situation.

DHS Active Shooter Pocket Card

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Safe Night Active Bystander Sexual Assault Intervention Training Evidence-based research supports active bystander training and the related reduction of incidents of sexual and domestic assault in nightlife settings. The Office of Justice Programs, National Institute of Justice Crime Solutions evaluated Bystander Education Programs for Sexual Assault Prevention on High School and College Campuses (2018). They released the following evidence ratings for outcomes: • • •

Effective - Bystander Efficacy Effective - Intent to Help Effective - Rape Myth Acceptance

• •

Promising - Actual Helping Behavior Promising - Rape Supportive Attitudes

While these programs focused on intervention with high school and college students, the tenets of these programs are universal and can be adapted for any community or hospitality setting. The Office of Justice Programs, National Institute of Justice further found that: Additionally, these programs may mobilize a community to recognize their responsibility in promoting safety. Overall, these programs focus on three main aspects: 1) teaching participants about sexual assault to make them aware of risky situations, 2) empowering participants so they feel like they can help others, and 3) providing participants with skills to promote safety throughout their community. (Office of Justice Programs, National Institute of Justice, 2018,”Practice Components/Target Population” section)

Safe Night Active Bystander training teaches bar and restaurant staff to identify risky and potentially dangerous situations and how to appropriately intervene.

These concepts and interventions will allow employees to increase their competency when taking action to assist and protect patrons and co-workers.

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Safe Night Active Bystander training discusses the Bystander Effect as identified

by Latane and Darley (1969) including the social psychology concepts of diffusion of responsibility and pluralistic ignorance and how these constructs prevent people from intervening in dangerous situations. Safe Night Active Bystander training also addresses the importance of empathy and the awareness of personal biases that may influence decision-making.

Safe Night Active Bystander training focuses directly on increasing awareness of situations that require intervention. The specific goals and objectives of the training are: • • • • • •

Understand and practice the Guardianship Model Increase knowledge of laws regarding sexual assault and consent Understand the Bystander Effect Increase competence as an active bystander Learn specific skills and techniques for intervention Practice self care

Bystander intervention aims to increase protection from sexual assault and harassment for both patrons and co-workers. Creating clear policies, providing training, and communicating expectations allows establishments to build and maintain a positive, pro-social culture that advocates for safety. Lastly, the training gives guidance on how to manage negative bystanders or those who encourage inappropriate or illegal behavior.

Restaurant/Bar employees can signup for Safe Night Active Bystander as part of the staff liability training through the Safe Night Online Training Portal

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“Ask for Angela” The “Ask for Angela” is a patron safety program used by bars, restaurants, clubs, and special event venues. Hayley Child, Substance Misuse and Sexual Violence & Abuse Strategy Coordinator created the campaign for the Lincolnshire County Council, UK in 2016. If patrons are in an uncomfortable or dangerous situation, they can “Ask for Angela” and a staff member will discreetly assist the person in getting out of the situation. “Ask for Angela” is a complementary program to the Safe Night Active Bystander training, which empowers staff to identify sexual assault and harassment and appropriately intervene.

Implementing the “Ask for Angela” program at an establishment raises awareness and demonstrates to patrons and the community that safety is a priority. Municipal agencies, business improvement districts, economic development, and restaurant associations can increase awareness of this program with the community by actively promoting their participation.

Preventing Human Trafficking Human trafficking is present in both the restaurant and hospitality industries.

According to the US Department of Homeland Security (DHS):

Human trafficking involves the use of force, fraud, or coercion to obtain some type of labor or commercial sex act. Every year, millions of men, women, and children are trafficked worldwide – including right here in the United States. It can happen in any community and victims can be any age, race, gender, or nationality. Traffickers might use violence, manipulation, or false promises of well-paying jobs or romantic relationships to lure victims into trafficking situations. (US Department of Homeland Security, 2020, “What is Human Trafficking?” section)

The Blue Campaign is a national public awareness initiative provided by DHS, teaches the public, law enforcement, and other agencies how to detect and prevent human trafficking, identify victims, and protect exploited persons. More information about identifying human trafficking and training can be found on The Blue Campaign website.

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STA NDARDS, POLICIES & TRAINING

Incident Reporting and Documentation A well-written incident report, ideally including photos or security video, may prevent a civil lawsuit brought against a business or employee. Detailed and immediate documentation of an event is essential for accurate recall and proof that a business made reasonable efforts, followed best practices, and has a system in place to provide reliable information for criminal or civil matters.

Incident reports can be stored electronically or physically on-site. Consultation with a lawyer and establishing clear policies on the release of information is recommended to minimize liability.

Sample Incident Report

INCIDENT REPORT

Type of Incident: _______________________________________________________ Date of Incident

Employees

Time of Incident Injuries

Y/N

Manager

Describe Circumstances: (To be completed for EVERY incident or whenever Police or Fire are called)

Insurance Company Contacted Y/N? Insurance Contact Person:______________ Claim #: ____________ Phone:_______________ Police Report Filed Y/N? Report #:________________ Officer:__________________ Phone:_____________ Security Cameras Y/N? Witnesses Y/N? Witness Name:__________________ Phone:________________ Witness Name:__________________ Phone:________________ Prepared By:___________________________

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STA NDARDS, POLICIES & TRAINING

Special Events Many bars and restaurants participate in special events on their property or on nearby streets or at parks. Local and state laws may include restrictions regarding portable heating for cooking, tents, heaters, and service of alcohol.

Establishments that already have standards, policies, and training will find it easier to adapt operations to special events.

Violations at special events can lead to suspension or loss of licensure and require policies, procedures, and training to mitigate risk. Restaurants and bars that effectively manage crowds, plan well, and already have best practices in place can expect similar success at special events.

Arts, culture, music, and special events create vibrancy. Nightlife and entertainment stimulate the local economy and help many communities overcome budget deficits. Increased employment, sales tax revenue, and tourism may allow municipalities to increase budgets and services.

These community events are a way to increase partnerships, build relationships, and improve community standing.

Strong partnerships with the local economic development office, business improvement district, or bar and restaurant association can help establishments navigate the special event process. Setting up a well attended, communitybased event can draw new customers, build positive relationships, and benefit the community as a whole.

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STA NDARDS, POLICIES & TRAINING

Establishments or organizations that wish to hold special events can usually find information on the regulation or permit process on their local municipal government website.

A Community Working Together for Safety…

In Arlington County, Virginia, organizations, special event promoters, and business improvement districts can earn an ARI Special Event Accreditation.

Similar to an ARI restaurant accreditation, the organization responsible for holding the event writes policies to meet the ARI standards and receives training on management of liability concerns.

For example, The Rosslyn Business Improvement District (BID) holds several special events each year for the community and earned an ARI Special Event accreditation. One of their biggest and most well attended events is the Rosslyn Jazz Fest. People travel from all over the Washington, D.C. metro area to attend this popular event.

The Rosslyn BID staff has policies and training in the following areas: • Safe Night Active Bystander sexual assault and harassment training • "Ask for Angela" Training • Fake identification detection training • Criminal and civil liability • Public safety expectations • Signs of intoxication • In-house documentation • Crowd and line management

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.

Part III Impaired Driving, Patron Conduct, & Design

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IMPAIRED DRIV ING , ACCOUN TABILITY & DESIG N

Prevent Impaired Driving • •

• •

• •

Promote the responsible sale and price of alcoholic drinks Avoid incentivizing speed drinking and consumption of large quantities of alcohol Do not promote “All you can drink” events Support and market local or national programs designed to prevent impaired driving Partner with ride-share companies to offer free or reduced priced rides Offer free non-alcoholic beverages to designated drivers

As part of an establishment’s adoption of the Guardianship Model, employees make reasonable efforts to provide a safe environment for patrons and the community.

For example, restaurants, bars, clubs, and hotels can work with local municipal governments to designate areas where patrons can easily access ride-share, taxis, or public transportation. Establishments can partner with public awareness programs and non-profit organizations for additional information and assistance. The ultimate goal is for public safety agencies, local businesses, and the community to work together to raise awareness and provide solutions for safe and responsible alcohol consumption.

For specific events, establishments can partner with community groups or the local chamber of commerce to offer safe rides during holidays that typically see higher rates of impaired driving such as St. Patrick’s Day or New Year’s Eve.

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IMPAIRED DRIV ING , ACCOUN TABILITY & DESIG N

Successful Impaired Driving Prevention Programs Washington Regional Alcohol Program’s SoberRide® The Washington Regional Alcohol Program (WRAP) is a nonprofit organization working to prevent impaired driving and underage drinking in the Washingtonmetropolitan area.

WRAP provides their free SoberRide® for impaired patrons throughout the year and serves the D.C. Metro region, which includes Virginia, Maryland, and Washington, D.C Tavern League of Wisconsin’s SAFERIDE The Tavern League of Wisconsin is a nonprofit association working to keep their patrons safe through their program, SafeRide. The program has provided over 91,000 rides over the last ten years to the residents throughout the state of Wisconsin.

Safe Ride KY

Established in 2017 by the Kentucky Distillers’ Association, Safe Ride KY provides sober rides during high-traffic holidays.

They support empowering patrons to make responsible choices and reducing the number of impaired drivers within the communities of Kentucky.

Programs such as these are important in keeping impaired drivers off the roads and should be part of an establishment’s commitment to the community. Local public safety agencies can help establishments find programs in their areas.

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IMPAIRED DRIV ING , ACCOUN TABILITY & DESIG N

Bar Safe Program

Crime at nightlife establishments is a concern for any community. For example, in Gloucester City, UK, 67 percent of surveyed citizens felt antisocial behavior consisting of disorderly conduct, public intoxication, and theft, was their biggest concern in the nighttime economy (Stafford & Hobson, 2018, p. 6).

In response, Gloucester City created the City Safe Scheme in 2014, a partnership with local authorities to issue warnings to individuals committing crimes in the city center (a busy nightlife area) and identifying and banning those people from businesses collectively. One hundred forty (140) businesses signed up for the City Safe Scheme (Stafford & Hobson, 2018, p. 5).

An a na lysi s of the City Safe Scheme found (Stafford & Hobson, 2018, p. 6): • • •

83% of first time offenders did not have a second violation 2% of offenders committed 31% of all incidents in the city center 71% of visitors aged 18-35 are visiting the city center for restaurants or nightlife

Establish a Bar Safe Program In 2019, Nightlife Liaison Dimitrios Mastoras created the Bar Safe program in Arlington, Virginia. This program was adapted from the Gloucester City Safe Scheme, collectively banning patrons who cause significant harm in nightlife areas. The program further empowers bar and restaurant managers to make decisions about the safety of their staff and patrons.

Bar Safe can be replicated in any city or town by businesses that choose to implement a patron accountability program.

“Banned From One, Banned From All” Properly trained bar and security staff can intervene with patrons who become excessively intoxicated or are showing signs of disorderly conduct or violence. However, some patron behaviors that lead to increased intoxication and violence are out of staff’s control including sneaking outside alcohol into bars/restaurants, engaging in fights, carrying weapons, and using illegal or prescription drugs. These risk factors contribute to many of the incidents that require police involvement and often end in the arrest of a patron.

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IMPAIRED DRIV ING , ACCOUN TABILITY & DESIG N

The Bar Safe program focuses on patron accountability during nightlife hours on designated nights when patronage is high. Active nightlife businesses sign a partnership agreement to participate in the program. If a patron is banned from any of the partnering businesses, all other businesses agree to honor the ban on their property. Essentially, if a patron’s behavior results in the patron being banned from one participating establishment, the patron is banned from all participating establishments for a period of one year.

The goals of the Bar Safe program: • • • • • • • •

Improve patron accountability Increase awareness of unacceptable patron behavior Reduce excessive intoxication Lessen disorderly conduct Diminish assault & battery on patrons and staff Reduce incidents of destruction of property Improve safety for employees and patrons Encourage a sense of community for bars and restaurants

Messaging Apps Owners, managers, and security staff are encouraged to use communication tools such as WhatsApp, Signal, and other communication apps to quickly send information about dangerous activity by patrons to other establishments to prevent further disturbances. Collaboration between businesses not only works to prevent crimes, but also creates a culture of partnership and accountability.

Many of these apps are generally free and secure to use, requiring one person to be an administrator for the group account. Increasing communication among bar and restaurant owners and staff also enhances the effectiveness of the Bar Safe program.

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IMPAIRED DRIV ING , ACCOUN TABILITY & DESIG N

Arlington Bar Safe Bar and restaurant owners in Arlington County requested another tool to manage patrons who bring outside alcohol into bars/restaurants, engage in fights, carry weapons, and use illegal or prescription drugs in their establishments. In response, ARI created the Bar Safe Program adapted from the Gloucester City Safe Scheme and conducted a six-month pilot with twentyfour (24) establishments in the Clarendon, VA neighborhood.

Results of the pilot program include (S. Brien, personal communication April, 21, 2021): • •

76 First time warnings 1 Banning notice issued

The pilot program revealed similar results to the successes in Gloucester. As demonstrated from the data, most patrons who engage in unacceptable or dangerous behavior do not repeat the behavior after receiving a Bar Safe notice, which results in safer experience for all who visit nightlife and entertainment areas like Clarendon.

Testimonia l

Sam Francois Head of Security Don Tito, Clarendon, VA

“My staff built trust with the police, fire marshals, and security staff from other bars in our area. Working all together, we changed the culture of Clarendon and improved safety for everyone. The Bar Safe program gave us another tool to improve safety for our staff and patrons.”

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IMPAIRED DRIV ING , ACCOUN TABILITY & DESIG N

A Well-Designed Bar A well-designed bar or restaurant is both aesthetically pleasing and safe.

Examples of effective design elements include: A bar area that is elevated and clear of obstructions Clear paths to bathroom entrances and space allowed if lines regularly form Space that allows security staff and employees to move freely Separate entrances and exits that are supervised by staff

• • • •

• • • •

Garbage cans at exit doors to prevent patrons from taking alcohol off the premises Proper placement of security cameras to eliminate blind spots and increase staff’s ability to monitor all areas of the interior and exterior bar Locked closets and storage areas to prevent sexual assaults Sufficient lighting that allows for observation and monitoring of patron intoxication and possible aggression

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IMPAIRED DRIV ING , ACCOUN TABILITY & DESIG N

Crime Prevention Through Environmental Design (CPTED) The likelihood of a sexual assault or other aggressive incident can increase when a restaurant, bar, or special event venue does not consider the importance of layout, lighting, and oversight. Eliminating dark corners and adding security or cameras can eliminate opportunities to commit crimes.

Several environmental factors can improve safety: • • • • • • • • • •

Adequate internal and external lighting Safe and open layout of restaurant, bar, or special venue Clearly marked and unobstructed entrances and exits Outdoor drinking areas Effective management of over crowding Installation and proper placement of surveillance cameras (CCTV) Monitoring bathrooms Appropriate ventilation Strategic placement of security staff Using ID scanner technology

Guidelines for Crime Prevention through Environmental Design (CPTED) for licensed premises. 2012, New Zealand Police

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IMPAIRED DRIV ING , ACCOUN TABILITY & DESIG N

Good Design Addressing small, easily overlooked details can create a safer establishment.

Have garbage cans near entrances and exits Providing trash cans at the entry and exit points allows departing patrons to discard their alcohol containers before leaving.

Have appropriate safety equipment, such as a first aid kit, flashlight, etc.

Staff needs easy access to tools such as a first aid kit, for helping during emergency situations, and properly charged flashlights for checking identification.

Department of Alcoholic Beverage Control Licensee Guide is on the premises and available to all staff The ABC Licensee Guide should be available to all staff as a reference to the lawful operation of the establishment.

Clear trash in the areas surrounding the establishment at closing time Keeping the premises clean shows a commitment to being a considerate neighbor and proud community business.

Take immediate steps to repair damaged property An establishment in disrepair is a safety hazard. Properly maintaining the interior and exterior of the restaurant/bar attracts business and conveys a commitment to safety.

Display all required ABC local municipality documents Posting up-to-date occupancy, public health documents, and the current ABC license demonstrates that the establishment is committed to complying with the local and state laws and prioritizing patron safety.

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Conclusion While 2020 was challenging for the hospitality industry, there is reason for hope in 2021 and beyond. As the pandemic subsides, renewed desire to safely socialize and attend entertainment venues will generate excitement and increased business.

While many establishments closed during the pandemic, new opportunities are on the horizon for the hospitality industry. This resource guide is meant to support and inspire both longstanding establishments and new venues. We hope this guide helps to empower the hospitality industry to embrace practices that improve safety and reinvigorates economic viability for all.

Cheers!

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About the Authors Molly Mastoras, MA, LPC

Molly Mastoras is a Licensed Professional Counselor (LPC) in Virginia. She has worked as an assistant program director for the Fairfax County Juvenile & Domestic Relations District Court and as a social worker for the Fairfax County Office for Women. She completed a practicum and internship at a non-profit organization providing domestic violence and sexual assault counseling and advocacy services in Brockton, MA and has worked as a social worker for Child Protective Services (CPS) in Arlington County. Molly has extensive experience working with survivors of sexual assault and domestic violence in these settings as well as in private practice as a therapist. Molly created Safe Night Active Bystander, a sexual assault prevention and intervention-training program. Molly also developed the Proactive Alliance policing approach, which teaches police and enforcement agencies to develop a relationship-based strategy with the community using adapted evidencebased counseling therapy concepts. Her work has been recognized by the Global Law Enforcement and Public Health Association (GLEPHA) and the American Society for EvidenceBased Policing (ASEBP). Molly serves on the Board of Directors for the Washington Regional Alcohol Program (WRAP) and continues to work as a psychometrist and psychotherapist at a private practice in Northern Virginia.

Master Police Officer (Ret.) Dimitrios Mastoras

Dimitrios (Jim) Mastoras served as a Master Police Officer in Arlington County, Virginia for almost twenty-four years. As Arlington’s first nightlife liaison, he used the relationship-based policing techniques of Proactive Alliance to establish trustful relationships with restaurant and bar owners, providing the foundation to develop and implement strategies aimed to reduce alcohol related violence. By using this approach, Jim developed the first restaurant and bar accreditation program in the U.S. to focus on effective practices and law compliance for establishments while also increasing safety and economic viability. Jim authored a toolkit detailing these innovative strategies published by the DOJ COPS Office in 2019 titled, The Arlington Restaurant Initiative - A Nightlife Strategy to Improve Safety and Economic Viability, to be used by departments across the US. His work in Arlington County has been recognized by the Washington Regional Alcohol Program (WRAP) for saving lives and preventing injuries caused by drunk driving in the Washington, DC Metro area. He also co-authored an article titled, Traffic Safety Initiatives: SoberRide-Enhancing Enforcement Efforts Since 1982 in IACP Police Chief Magazine.

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Acknowledgements A special thanks to the following subject matter experts for providing peer reviews and guidance on this project: Mick Urwin

Sergeant (Ret.) Alcohol Harm Reduction Unit Durham Police, United Kingdom Mick Urwin is a retired UK Police Sergeant, serving 30 years, starting his career with the Metropolitan Police in London and later transferring to Durham Police in the North East of England. Mick was part of the team that created UK policing's first Alcohol Harm Reduction Unit in 2010 and has presented at national and International conferences, notably at the 2015 Global Alcohol Policy in Edinburgh. Working closely with partners from the public sector, communities and alcohol retailers creating strategies and policies to tackle the impact alcohol has on policing and communities, particularly violence in the night time economy and underage drinking coupled with associated anti-social behavior including vulnerability. His work tackling underage drinking was recognized in 2014 when he received an Excellence Award from Community Alcohol Partnerships (CAP) a Community Interest Company that brings together local partnerships across the UK to reduce alcohol harm among young people.

Mick was a member and Co-Chair of the National Police Chiefs Council Licensing group, he represented UK policing at Parliamentary Select Committees, consulted with the UK Home Office on alcohol licensing policy and legislation and advised the national Chief Constable lead for Alcohol Harm.

Mark Morgan

Business Manager, Police Crime Prevention Initiatives, Licensing Security & Vulnerability Initiative, United Kingdom Mark is the Business Lead for ‘The Licensing Security and Vulnerability Initiative’, which is the latest product from ‘Police Crime Prevention Initiatives’ – a policeowned organization that works on behalf of the Police Service throughout the UK to deliver a wide range of crime prevention and police demand reduction initiatives. Previously, Mark completed 30 years as a police officer leading many high profile operations and problem solving initiatives to reduce crime & demand, enhance safety and increase efficiency.

Mark previously led the police licensing teams for Liverpool where he instigated numerous work streams to tackle thefts, violence, alcohol related harm, vulnerability and drugs misuse. He firmly believes in the benefits of effective partnership working, having been involved in numerous initiatives to support a safe and vibrant nighttime economy. His work involved visiting other force areas and hosting both U.K. and international guests to discuss good practice within the licensing environment. Mark has achieved an honors degree in policing, with dissertations focusing upon partnership work, the licensing trade and associated security.

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The information, content, and materials in this Toolkit, including all external links and downloads, are for general informational purposes. Safe Night LLC makes no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any such information.

Please consult appropriate professionals before taking any action based on information contained in this document. Only such professionals can provide assurances that the information contained herein — and your interpretation of it — is applicable or appropriate to your particular situation. Use of, and access to, this document or any of the links or resources contained within this document does not create any type of relationship between the reader, user, or browser and Safe Night LLC, its members, directors, officers, employees, or agents.

This document contains names and logos of third parties and links to third-party websites or content belonging to or originating from third parties. The third-party site owners, and not Safe Night LLC, own the intellectual property rights to the materials in any and all linked sites. Safe Night LLC does not investigate, monitor, check, warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked herein. Safe Night LLC will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. Inclusion of the names, logos, external links, and/or content in this document are only for the convenience of the reader, user, or browser. All product and company names and/or logos are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with, sponsorship, or endorsement by them, and Safe Night LLC does not recommend or endorse the contents of any third-party sites.

Your use of this document and your reliance on the information contained herein is solely at your own risk. All liability with respect to any reader, user, or browser’s reliance on this document and/or actions taken or not taken based on the contents of this document is hereby expressly disclaimed.

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References Burton-Page, M. & Hallab, V. (2017, May 23). Safer Drinking Scenes – Alcohol, City and Nightlife. French and European Forums for Urban Security, Safer Drinking Scenes project. https://issuu.com/efus/docs/sds_100p_en Distilled Spirits Council of the United States. (2021). Industry Responds to COVID-19 Pandemic. https://www.distilledspirits.org/distillers-responding-to-covid-19/

Federal Bureau of Investigation (Director). (2020). Hide. Run. Fight. FBI. https://www.fbi.gov/video-repository/run-hide-fight-092120.mp4/view

Jones, L., Atkinson, A., Hughes, K., Whelan, G., & Bellis, M.A. (2011). Reducing harm in drinking environments: A systematic review of effective approaches. Health & Place, 17 (2). 508-518 https://doi.org/10.1016/j.healthplace.2010.12.006

Latane, B., & Darley, J. (1969). Bystander “Apathy.” American Scientist, 57, 244268.

Mastoras, Dimitrios. (2019). The Arlington Restaurant Initiative: A Nightlife Policing Strategy to Improve Safety and Economic Viability. Washington, DC: Office of Community Oriented Policing Services.

National Restaurant Association. (2020, December 7). Restaurant Industry in Free Fall;10,000 Close in Three Months. Restaurant.org. https://restaurant.org/news/pressroom/press-releases/restaurant-industry-in-free-fall10000-close-in

Office of Justice Programs, National Institute of Justice. (2018, August 14) Bystander Education Programs for Sexual Assault Prevention on High School and College Campuses. Retrieved February, 2021 from CrimeSolutions, https://crimesolutions.ojp.gov/ratedpractices/73#pd Pyka, A.J. (2014, October 28). 6 Most Common Reasons Bar Owners are Sued.

Bar & Restaurant. https://www.barandrestaurantexpo.com/operations/6most-common-reasons-bar-owners-are-sued

Single E. (1996). Harm Reduction as an Alcohol-Prevention Strategy. Alcohol health and research world, 20(4), 239–243.

Stafford, A. & Hobson, J. (2018). A multi-year examination of the Business Crime Resource Guide to Improve Safety and Economic Viability

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Reduction Partnership ‘Gloucester City Safe’. University of Gloucestershire. http://eprints.glos.ac.uk/5475/ Tavern League of Wisconsin. (2021). Tavern League SafeRide Program. https://www.tlw.org/saferide/

US Dept. of Homeland Security. (2008, October). Active Shooter How to Respond. Department of Homeland Security. https://www.dhs.gov/xlibrary/assets/active_shooter_booklet.pdf

US Dept. of Homeland Security. (2020). What is human trafficking?. Department of Homeland Security. https://www.dhs.gov/blue-campaign/what-human-trafficking Washington Regional Alcohol Program. (2021). About Us. https://wrap.org/about-us/ World Health Organization. (2009). Violence prevention: the evidence . World Health Organization. https://www.who.int/violence_injury_prevention/violence/alcohol.pdf

World Health Organization Regional Office for Europe. (2009). Evidence for the effectiveness of interventions to reduce alcohol-related harm. World Health Organization. https://www.euro.who.int/__data/assets/pdf_file/0020/43319/E92823.pdf

World Health Organization Regional Office for Europe. (2009). Handbook for action to reduce alcohol-related harm. World Health Organization. https://www.euro.who.int/__data/assets/pdf_file/0012/43320/E92820.pdf

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