HospitalityLawyer

Size Really Does Matter

Alcohol Service Training and Policies

All too often I see responsible beverage policies that focus on the number of drinks a customer has consumed and ignore the amount of alcohol that is consumed. The latter is a dire mistake in the industry’s quest to serve alcohol responsibly.

Management intervention or approval for continuation of service after a certain number of drinks (usually 2) is a prudent policy. However, a responsible operator also will consider the varying amounts of alcohol that might be contained in different drinks.

The best examples that come to mind are the Long Island Iced Tea and the Martini.  I am sure my good friend and beverage guru, Robert Plotkin, BarMedia, could add several to the list. Each of these include multiple shots (let’s say ounces) of alcohol.  And often, even though the recipe calls for no more than an ounce and a half or two ounces total, a customer-oriented bartender working primarily for tips will over pour to make sure the designated glass is full. In the LIIT example, the ice helps so the over pour is not as exaggerated, but in the Martini…holy moly, I am seeing 10 oz martini glasses as the norm.

The History of the Martini

Before we do the math, let’s have a little historical perspective on the Martini.  According to Mr. Plotkin, when martinis (and other cocktails) first came on the scene, the most common glass size was three to four ounces, with one and a half to two ounces of spirits. There were good reasons then (and now) for that size of glass: First a larger drink, taking longer to consume, gets warm as time passes.  Second, again as time passes, the ingredients break down, or if the drink is on the rocks, the melting ice dilutes the recipe over time. Both reasons focused on flavor and the customer experience. And, of course, it was much more responsible.

To this day, most martini recipes still call for the same amount of spirits, one and a half to two ounces.  Yet, due to the large glass sizes used today and the service zealousness of tip-driven bartenders most martinis (served straight up) end up with 6 to 7 ounces and sometimes even 8 to 9 ounces of spirits in the glass. And this is conservative for a ten-ounce glass, as the allowance for a liquid ounce from the ice dilution on the shake (which is supposed to last at least 30 seconds but only lasts 5 seconds, except in the most professional of joints) or stir and the waving of the vermouth over the glass is very generous.

The Math

So now let’s do the math.

Let’s assume a 10-ounce, cone-shaped martini glass with 1 ounce of liquid from the ice dilution on the shake.  Let’s also assume that the glass was served close to the brim.  That leaves us with 9 ounces of spirits.

Assuming an ounce-and-a-quarter pouring standard for our usual highballs, we have just served the equivalent of a little more than 7 highballs to one customer.

If you asked reasonable and prudent operators today, I think they would tell you that 7 “usual cocktails,” even over a stretch of time, is too many to serve.  And here we are serving a customer all 7 cocktails at once, then another.  And only after we have served them over 14 ounces of spirits does our two-drink policy require management involvement. I hope you see the problem.  And it is one that leads to too many instances of over consumption and injuries.

I am a big believer in self responsibility, but I have found very few consumers who know how much alcohol is actually in a martini.  Actually, I know very few industry people that have ever done the math and most are surprised when they do, probably like several of you right now.

What Can We Do?  The Solution

So now that we know what the problem is, what do we do?

We stop. It’s that simple. This is an indefensible practice.

I challenge the entire beverage industry to stop serving immediately all drinks that contain more than two ounces of spirits; to hold bartenders accountable to recipe amounts; and to amend polices to include the amount of alcohol (not just the number of drinks) as criteria for management involvement in the service equation.

If you stop and think, it is also the best practice economically. One drink at $9 or two or three drinks at $6 each, and the risk of someone getting injured drops dramatically and the risk of your business getting sued drops right along with it….hmmmmmm

The last two alcohol-related lawsuits in which I was involved both resulted in deaths of innocent people caused by people driving that were 2 to 3 times over the legal threshold for intoxication at the time of the accident. Both were also in total disbelief that their BAC (blood alcohol count) was so high because they only had TWO DRINKS.  But they each had two martinis served in large glasses.  They never did the math…until they started counting the potential years in prison for involuntary manslaughter. The establishments didn’t do the math either.  But they got a quick lesson in math, as well, when they and their insurance carrier had to pay wrongful death damages.

And no amount of counting is going to bring the victims back to life from those accidents.  But by starting to count and to be accountable, now maybe we can prevent a life from being cut short in the future.

Let’s focus on quality, not quantity.

Related Links:

• Alcohol Server Training
• Have legal questions involving alcohol?  Gray Robinson can help

This entry was posted on Saturday, July 19th, 2008 at 8:56 am and is filed under Restaurant Law, Social and Economic Issues for Restaurants. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.