Liquor Legislation in the Philippines
Liquor Legislation in the Philippines
6
LIQUOR LEGISLATION
The word liqueur is derived from the Latin liquefier, meaning “to make liquid.”
Liqueurs were probably first produced commercially by medieval monks and alchemists.
They have been called balms, crèmes, elixirs, and oils and have been used over the
centuries as medicines and tonics, love potions, and aphrodisiacs.
Fruit liqueurs are produced by the infusion method, in which fruit is steeped in
the spirit, which absorbs aroma, flavor, and color. Plant liqueurs, naturally colorless,
are produced by either percolation or distillation. Percolation is accomplished in an
apparatus much like a coffee percolator. Leaves or herbs are placed in the top section,
and the base spirit in the bottom section is pumped up over the flavoring material,
extracting and carrying down the flavor constituents. The distillation method uses
plants, seeds, roots, or herbs as flavoring material. They are softened in the base
spirit, then combined with additional spirits and distilled. After the base spirit is
completely flavored, it is sweetened and filtered. Plant liqueurs are frequently colored
with vegetable colorings. Liqueurs may be aged or bottled immediately.
Liqueurs, sweet in flavor and with ingredients promoting digestion, are popular
after-dinner drinks. They may be served straight, poured over ice, or mixed in an
endless variety of combinations that may include liquors, brandies, and cream. Liqueurs
are also used as flavorings in various dessert dishes.
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The Liquor Act 2007 regulates and controls the sale and
supply of alcohol and certain aspects of the use of premises
on which alcohol is sold or supplied. It also provides the
Independent Liquor and Gaming Authority and the Secretary
of the Department Industry with powers to regulate the sale
and supply of alcohol.
Keyword
Alcoholic drink is a
drink that contains
ethanol, a type of
alcohol produced by
fermentation of grains,
fruits, or other sources
of sugar.
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Close Associate
A person is a close associate of someone (the related person) if:
■■ the person holds or will hold an executive position (however described) in
the related person’s business; or
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■■ You will need an on-license if the liquor you sell is intended to be consumed
on the premises. Examples of businesses that would require an on-license
include bars, restaurants and taverns.
■■ You will need an off-license if the liquor you sell is intended to be consumed
off the premises. Examples of businesses that would require an off-license
include liquor stores, grocery stores and drug stores.
Specific class of licence you need. In some states, you will need to apply for a very
specific class of license, depending on the nature of your business and the variety of
alcohols you intend to sell. Some examples of the most common license classes include:
■■ Tavern license: A tavern license may be required in some states by businesses
that serve food, but make up to half of their overall profits through the sale
of alcohol.
■■ Beer and wine: Some smaller bars or restaurants may only be granted a license
to sell “soft” liquors like beer and wine. This license does not entitle its owner
to sell “hard” liquors, like spirits.
■■ Restaurant: Restaurant licenses typically allow any type of alcohol to be sold on
the premises. However, the license may stipulate that only a certain percentage
of the restaurant’s total earnings may come from the sale of alcohol. This
percentage is normally in the region of 40%
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Write a clear outline of the type of business you will be running. There are usually
different licenses for different types of businesses for example, running a local tavern
will require a different license than opening a liquor store.
■■ Therefore, as part of you application, you will need to write a clear description
of the type of business you will be running. You should include information
on whether you intend to sell alcohol for consumption on the premises and
on the percentage of your total income you expect to come from the sale of
alcohol.
■■ You should also include information on what type of alcohol you will be
serving or selling -- wine, beer, hard liquor or a combination of the three.
This is important as some types of alcohol (such as spirits) require a different
license than others (such as beer).
Fill in the necessary forms and provide any required documentation. You can acquire the
necessary forms from your local council or ABC agency and the Alcohol and Tobacco
Tax and Trade Bureau. In some states you will need to submit an application to both
the state and your local town or county.
■■ The application will include details about your business and your personal
background. Details such as your age, your business experience and having
a clean personal record may affect the state’s decision to grant you a license.
■■ You will also need to include a number of important documents with your
application, which may include: a certificate of incorporation, a partnership
agreement, your company constitution, a copy of your proposed food menu,
photos or drawings of the building’s exterior and a floor plan of the interior, a
code compliance certificate and a copy of the certificate of title for the premises.
Be prepared to defend your proposal. After you submit your application, a notice will
be posted at the proposed location of your business, including your name, the type of
license you are applying for and what selling privileges the proposed license would
entitle you to.
■■ This notice must be publicly displayed for a set amount of time (which varies
by state). During this time, anyone from the local community can come forward
and contest your application.
■■ Depending on the state or city laws, you may also be required to post an
announcement of your liquor license application in the local newspaper, and
in some places, reach out to local neighborhood organizations such as schools,
places of worship and nearby parks.
■■ If there are no objections to your application, local government will proceed
with reviewing your application as normal. If there are objections, you may
be called forward to defend your proposal at a public hearing, before a final
decision is made.
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■■ Back-of-the-house service bars: As the name suggests these are located behind
the scenes and hence hidden from guest view. They are smaller and simpler
in design. Back bar of such bars have a room for bulk supplies of beer, mixes,
liquor stock, etc and has no display. These bars do not require hiding of ugly
and noisy equipment’s and mechanical dispensing systems are often used
to increase speed and reduce liquor loss. These bars act as centralized bar
dispensing drinks in various guest service areas like various kinds of outlets,
guest- rooms, poolside etc. and thus centrally located in a hotel. It does away
with the problem of having separate bars thus maximizing the service area
of various outlets.
■■ Front-of-the-house service bars: As the name suggests these bars are in full view
of the guests but used only for dispensing beverages to the servers against
guest’s orders. These bars are less usual, are generally found in conjunction
with food service and are a part of the dining room. These bars must harmonize
well with the overall ambience and due thought should be given to its layout,
design and decor for efficiency and economy of service. The emphasis is more
on functional ambience and is not lavishly equipped as a full scale public or
cocktail bar.
Special Function Bars: As the name suggests these bars are used for beverage sales
and service at functions like banquets, meetings, receptions, conferences or conventions.
It can also be used In recreational areas like golf course and tennis courts, open gardens
& pools side or anywhere else in the hotel. It is of two basic types:
■■ Portable bars: It takes the form of mobile trolleys (on castors/wheels) built to
specifications. These mobile trolleys are parked in a suitable area when not
in use.
■■ Crash bars: These are a make-shift arrangement of trestle tables (horizontal
tables held by two pairs of collapsible legs that save space when stored) nested
together and dressed up to create a low and open bar counter. Crash bars are
more versatile as they can be arranged into any shape or size required and
can also be made to harmonize with the decor and ambience of the function.
After the function is over, these tables are dismantled and stacked away.
Minibars: They are also called as in-house bars or honor bars. It is a relatively new
concept and consists of a refrigerated cabinet placed in a guest room along with the
menu cum rate-list, for consumption by room-guest. Thus, these bars are means of
visual merchandising to boost beverage sales. By this option, the guest can enjoy the
drink in the privacy of the room. Generally, miniature single serve bottles of liquor,
pints of beer and cans of soft drinks are stocked in such bars due to space constraints.
However, the exact contents are a matter of hotel policy. Assorted snacks like nuts,
crisps etc are also kept to make the experience more complete. The guest’s’ account
is charged based on consumption - manually or electronically. Billing and Refilling is
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Keyword
On the Basis of Architectural Concerts, Themes, Interiors
Beverage is a liquid and Ambience
intended for human
consumption. In On the basis of architectural concepts, themes, interiors and
addition to their basic ambience, bars can be classified into:
function of satisfying
thirst, drinks play Cocktail Lounges: Cocktail lounges are more comfortably
important roles in furnished, more luxurious in ambience and more expensive
human culture.
than public bars. Thus, it is an enhanced version of public bars.
Seating includes chairs with armrests or sofas/couches and coffee
tables are spaciously laid out. The ambience is particularly
relaxing with enhanced elegance and style. Entertainment
may be in form of live music (like Guitarist, Pianist, etc)
and some cocktail lounges may be themed. Such bars have
a comprehensive beverage list and also serve complimentary
light snacks with the drinks. Guests use these lounges for a
‘sundowner’ in the evening or for an aperitif before proceeding
to an in-house restaurant for dinner. Overcrowding, standup
consumption and very high turnovers are not encouraged in
bars. Sometimes, there may be a cocktail lounge on privileged
floors for the exclusive use of guests staying on these floors.
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Sunken Bars: As the name suggests, these bars are sunk (immersed) and surrounded
by water on all sides i.e. it is built in the middle of a swimming pool. These bars are
usually found in resort hotels where guests spend a lot of time in and around the
pool. Here, guests swim to the bar to collect the drinks and consume it seating at
Immersed bar stools or on air floats.
Tiki Bars: As the name suggests, these bars are themed on the tiki culture i.e. a
South Seas-inspired pop culture in United States. This culture was at its height in the
1950s and 60s, and is enjoying a revival now-a-days. Tiki bars are generally made
of bamboos, canes, straw mats etc and are decorated with tropical flowers including
orchids, fruits, etc. They dispense rum based cocktails and mixed drinks such as
zombie, planters punch etc.
Pubs: Also referred to as dive or neighborhood bar in America, it is a contracted
form of ‘Public House’ - a licensed house for the sale and consumption of alcoholic
drinks on or of the premises. These are small outlets - pretty much like local places
at the comers; very basic, nothing fantastic or special and generally run of the mill
bars. They dispense common beers, standard spirits and wines.
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Gay/Lesbian Bars: As the name suggests, these bars are patronized by gay individuals
looking out for a partner. On the other hand, ladies only bar doubles up as Lesbian
bars also.
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and ending Inventory of each type of spirit, beer or wine bottles. On per hour basis
of Host Bar, the pricing plan charges a fixed beverage fee per person per hour. This
plan involves estimating the number of drinks guests will consume each hour. While
estimates are not easy to make, a rule of thumb used is three drinks/person during
the first hour, two a second, and one-and-half the third. It is then multiplied by an
established drink charge to arrive at the hourly drink charge per person. A point to
note over here is that statistics should be maintained on consumption, which can
assist in accurately setting hourly charges in future events. Another form of host bar
is the Captain’s bar, which is stacked with full bottles of liquor and mixes needed to
make all the basic bar drinks. It is a self-service or make-your-own-drink bar and is
not attended by a barman.
Cash Bars: These are also called as No-host bars, Cash on delivery (COD) bars or
A-Ia-carte bars. In some service clubs, some convention functions, and meetings; such
bars are set up. Here, the host may pay for the food and venue while the individual
participants pay for drinks consumed. Payment may be effected by cash collection or
an equivalent amount (number) of coupons that is sold prior to the event by either
the function organizer or the hotel. The prices may be the same or different from
normal selling prices. However, the prices are generally reduced in order to attract
group business.
Open Bars: In these kind of bars, the guest gets any type and any quantity of
drink desired (limited only by brands and types of merchandise carried) as he has
already prepaid for them in the form of a ticket or pass purchased for the event, which
include food, entertainment as well as beverages. In other words, the bar is ‘open’
to the guest to consume any liquor available and in any quantity desired. Thus, an
open bar is similar to a ‘drinks buffet’ during the time the bar is in operation. Here,
the price of ticket/pass is based on the number of guests, the length of cocktail hour
(some run longer and others less), the type of guest (men versus women), and other
historical factors.
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Airport Bars: As the name suggests, these bars are found on international airports.
They are characterized by offering quick service to transit passengers. They are often
economically priced because of access to duty-free liquor. It is posh.
Casino Bars: As the name suggests, these bars are found in casinos. They offer
gambling and gaming services as well.
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Other Bars
Stand-Up Bars: As the name suggests, these bars do not, provide
seating arrangement. Customers collect their drinks from the
bar counter after paying for the same and consume standing
or while circulating in the room. Such bars promote social
interaction, are highly Informal and are found in downtown
commercial areas where the turnover is high. People who like
to have a quick drink after a hard day’s work before heading
home are their clientele. Stand-up bar environment is usually
found at events/functions where a special function bar has
In the United States, been set-up for a limited time. Stand-up bars require far less
there was an attempt space for their operations than their counterparts that offer
from 1919 to 1933 to
sit down facilities. Given the same space a stand-up bar can
eliminate the drinking
of alcoholic beverages handle a higher turnover than a bar with sit down facilities.
by means of a
national prohibition
of their manufacture
and sale.
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Wet Bars: As the name Suggests, wet bars are one that have wash up facilities
built in its structure. Thus, public bars are wet bars as they have sinks built into the
under bar for wash up while a crash / mini bar cannot be called as wet bars due to
the absence of in-built wash up facilities.
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■■ Waste dump: Each pickup station has a waste dump on the server’s side of
the bar. Cocktail servers returning with dirty glasses dump the debris here.
Behind the bar are removable trashcans.
■■ Bottle chute: Empty liquor bottles are accumulated at the bar to return m to
the storeroom to exchange it for full bottles. In a bar with a storeroom below
it, a bottle chute can convey these empties directly to the storeroom. Also, a
bottle chute conveys empty beer and soda bottles to the basement below the
bar for disposal.
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Refrigerators: Under counter and back bar refrigerators, which look just like dry
storage cabinets from outside, hold supplies of special mixes and juices, bottled beer,
bottled mixes if used, white wines, fruits and condiments for garnishing, cream, eggs
and other perishables at 40’ Fahrenheit. They may also be used to chill glasses. It
is important not to overload the cabinet, since proper airflow is key to chilling the
contents properly.
Ice (making) Machines: Every cocktail bar operation has an ice-maker, as it cannot
operate at all without ice. It is at under bar or back bar in case of a large bar and
elsewhere if it is a small bar.
Cash Registers: From its slow, noisy, hand-operated first version machine with a
pot-belly and a bell (called as “Ritty’s incorruptible cashier”) to today’s slim, quiet and
lightning fast computerized register (known as ECRs or Electronic Cash registers), it
has been a rock of Gibraltar at the bar. Cash registers are core of a system of controls
by which management ensures that its liquor is sold to the customer with little or no
“evaporation” en route. It generally records each bar-sale no matter how or where
payment is made. Thus, it keeps records of the drinks poured, their sales value and
hence the records of stock in hand, the costs etc, as it should be the sales record is
checked against money received at the end of every period, to verify that one equals
the other.
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Beverage Servers
Servers are a group of waiters/waitresses handling beverage
service at tables in various types of bars/dining room. Their
duties and responsibilities include recording customers’ drink
orders; transmitting them to the bartender; picking up the
drinks; serving the customers in an efficient and friendly
manner, presenting the checks; collecting payments; returning
empty glasses to the bar thus helping to keep the service
areas clean; and performing a number of opening and closing
tasks. Sometimes, they help bartenders in preparing drinks
by putting ice in glasses and adding garnishes. They may
also ring up their own checks in the cash register and carry
out quick, accurate and honest check routines ;It specific
intervals. Ideal servers should possess a pleasant personality,
a neat and attractive appearance, good communication Skills,
poise, mind for detail, alert and observant, and good basic
knowledge about drinks and liquor, They should not only
know to identify underage guests and refuse them service but
also monitor alcohol consumption and “cut off’ guests who
Keyword
are in danger of becoming intoxicated. They should also be
good salespeople and should know the art of suggestive selling Wine is an alcoholic
techniques. In some restaurants, servers serve both food and beverage made from
drinks including wine and thus they should be able to open grapes fermented
wine bottles and carry out rituals of wine service. without the addition
of sugars, acids,
enzymes, water, or
Bartender other nutrients. Yeast
consumes the sugar in
The bartender is the central figure in any beverage service the grapes and converts
it to ethanol and carbon
operation. He is an amalgam of salesperson, entertainer,
dioxide.
mixologist and psychologist. The bartender’s primary function
is to mix and serve dunks for patrons seated at the bar and/or
pour drinks for table customers served by servers. Thus, he
must know of all the drinks the house serves and the techniques
of mixing them. Other responsibilities include recording each
drink sale, washing glassware and utensils, maintaining a
clean and orderly bar, stocking the bar before opening, and
closing the bar. In many operations, the bartender also acts
as a cashier. He is a host and a promoter whose combination
of skill and style build public relations goodwill and good
business. He may invent new drinks or think of new ways
to market traditional ones. The bartender is a person with
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Keyword
Bartender is a person
who formulates and
serves alcoholic or soft
drink beverages behind
the bar, usually in a
licensed establishment.
Bartenders also usually
maintain the supplies
and inventory for the
bar.
Beverage Manager
A beverage manager is responsible for beverage service in the
entire hotel or large restaurant operation. He or she generally
reports to the food and beverage director (in hotels) or to the
general manager (in large restaurants). In small operations,
the beverage manager’s tasks might be performed by a head
bartender. When functioning as a department head, the beverage
manager is involved in selecting, orienting, training supervising,
scheduling, and evaluating staff members. Sometimes, the
beverage manager plan beverage service in the banquets
and functions. His duties involve day-to-day management
activities like purchasing supplies and equipments, controlling
inventory, standardizing recipes, and designing and constantly
improving income control systems. In conjunction with the
food and beverage controller or food and beverage director,
the beverage manager determines standard beverage costs,
develops departmental operating budget and supervises and
controls the production and service of beverages. He is also
responsible for maintaining quality standards and required
profit margins.
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Bar backs
One or more helpers to the bartenders generally found in large beverage service
operations are called as bar backs. They are often trainee-bartenders, whose job is to
assist the bartender. They act as runners or “gofers· to the bartender also. A bar back
relieves the bartender of all chores except pouring drinks, handling customers and cash
register. Sometimes, they may serve beer or simple mixed drinks under bartender’s
supervision. General duties include setting up the bar; preparing garnishes and special
mixed syrups; filling ice bins; washing glassware and utensils; maintaining supplies of
towels, napkins, picks, straws, stir sticks, matches; keeping bar surfaces and ashtrays
clean; washing fixtures; mopping floors; and running for liquors, beers, wines, and
other supplies needed by the bartender.
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■■ Controlling and keeping inventory of the cellar or wine storage area, making
purchasing decisions to maximize profits
■■ Training the servers and other staff members about wine appreciation.
■■ Orchestrating and helping publicize tastings, wine dinners, seminars and other
wine-related events for the business.
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Certain bar thefts and frauds may be unearthed by tight control and exercising
routine and surprise checks while others may come to light by observing trends, presence
of mind and out thinking the perpetrator, Computerized billing and inventory software
(often chained together) too, can play a major role in controlling and minimizing
certain frauds, Strict and regular physical inventory is also a measure to nip fraudulent
activities in the bud, Strict and decisive punitive action meted out to the guilty will
serve as a deterrent to others as well. However, there is perhaps no substitute for
physical on-the-job supervision, which will definitely keep the bar personnel in check
and then after the event when the tracks are clouded and the responsibility ambiguous.
The random and occasional use of shopper’s service (explained later) keep staff alert
and conforming to standard operating procedures. Guest suspicions and reports of
any anomalies comprise another important starting point for investigation of many
frauds. A supervisor in a beverage sender area must realize and understand that it is
vigilance and not suspicion that is required in order to minimize and eliminate bar
theft and fraud. The most ideal preventive measure is developing and instilling in an
employee a high level of integrity and sense of loyalty.
Bar thefts and frauds reduce the sales and raise the pour cost (beverage cost) of a
beverage sender operation leading to severely eroding the profitability of the outlet.
Control measures of all kinds may be seen as present mg the money of the owner. One
more loss to the organization, though intangible, is the loss of repute and goodwill in
the event that a fraud or theft is exposed. The customer would in all likelihood not
return to such an establishment and would perhaps deter others from going there as
well which In rum means a loss of potential new and repeat custom.
Bar thefts and frauds are widespread because of the following reasons:
■■ Personnel handling cash (like bartenders, cashiers, service staff, etc) often hold
low-paid, entry-level positions. Moreover, these employees frequently move
from job to job and have little identification/loyalty to a property.
■■ The busy environment and the complexity of production/service tasks provide
the opportunity to personnel in such beverage operations to take advantage
of loopholes in income control systems and provide ample scope to dishonest
bartenders to perpetrate frauds.
■■ To some extent, many managers are simply apathetic about employee thefts and
frauds. Some feel that theft is inevitable and simply increase prices to cover it.
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Under Pouring
Also called short pouring, it is pouring a measure lesser than what has been ordered by
a guest. (e.g. If a bar man under pours- five drinks by one sixth the normal measure,
it results in an excess which can be sold as a sixth drink. Here, the sale of sixth drink
is not recorded and the resulting cash payment is pocketed.) This fraud does not affect
the beverage cost percentage. Under pouring alcohol in mixed drinks is widespread
and goes unnoticed because it is pre-mixed when served. Sometimes, under pouring
is resorted to compensate for shortages caused by over pouring.
Precaution: Bartenders should be told to prepare al/ drinks using a peg measure and
not to free pour under any circumstances; Other solutions include a policy of pouring
in full guest view wherever possible, use of bar optics (pourers) fitted to bottles that
deliver an exact measure of liquor, the use of automatic drink dispensing systems, and
use of shoppers to regularly observe and report on this fraud. Moreover, bartenders
should not be allowed to use their own measuring devices to avoid this fraud.
Dilution
Diluting liquor (like gin, vodka, white rum, silver tequila, etc which are colorless) and
pocketing income from the additional drinks sold is called Dilution. Further, if this
liquor is used in cocktails it is unlikely that the guest will notice minor changes in
taste. Dilution is resorted to compensate for shortages caused by over pouring.
Precaution: Use shoppers to regularly watch the bartenders and investigate frequent
guest complaints about the strength of the liquor. Bottles may be checked as some
liquors turn cloudy when water or soda are added other liquors turn a lighter color.
One way pourers in the neck of the bottle are other way of preventing dilution. Density
checks with the help of a hydrometer may be performed if dilution is suspected and
compared with its original density. Sometimes an excess of one brand of liquor may
be used to level off the shortage in another brand. This is called adulteration. Many a
times, over pouring one brand of liquor may be levelled off by using the excess liquor.
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Keep bottle stamps secure (e.g. in a safe) so that employees cannot misuse them.
Another that could be used along with stamping is to break all empty its contents
into an empty liquor bottle that has the property stamp.
Substitution
Serving a lower quality brand when guests order for call brand and billing the guest
for the expensive call brand, thus pocketing the extra cash is called substitution. Some
bartenders even fill an empty call brand bottle with house brand. In this case, even
guests seated at the front bar will not suspect that a wrong brand is being served.
Here, the inventory may reveal a shortage if the stock of each liquor is listed and
maintained separately. To cover up, the bartender may resort to leveling off the
shortage by dilution, short-pouring, or adulteration by adding similar liquor (of some
other brand).
Precaution: Bartenders and bar-servers should be made to write all drink orders on
a BOT, which is billed by a separate cashier. Having a separate cashier is desirable as
it makes the billing function independent of the liquor service function which facilitates
control. An alternative method is to write all drink orders onto a check and having
the bartender ring up the amount on the guest bill before serving the drink, thereby
charging the guest the right amount (and denying the bartender any excess).
Selling Drinks for Cash and Recording Them as Spilled, Accident, Returned, Walk-
Out or Complimentary
It helps in pocketing the money that results from the sale. Sometimes, staff collects the
beer from undrained bottles and glasses to fill a full bottle, designated it as a flat beer
and claim a replacement In exchange. It is then sold and the proceeds are pocketed
or simply drunk by the bartender. Precaution: Bartenders should not be authorized
to give out free drinks and any complementary drink must first be authorized by
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somebody in authority. Any returned drinks and requests for replacements must be
approved by management. Also, accidents must be evidenced by the service staff and
approved by the management (like showing the crown intact neck of a beer) before a
replacement is given. To avoid frauds like building the bottle, close supervision of table
clearance, introduction of a policy of removal of the used beer bottles to the pantry
area where they will be stacked in an inverted manner, and the immediate clearance
of all glasses to the wash-up area for washing. (Breaking the bottles on clearance is
not advised as empty beer bottles are in plenty and probably command some resale
value.) Moreover, retraining and closely supervising bartenders/bar servers having
excessive spillage records or high pouring costs should be undertaken. A spoilage/
accident report must be made out for all such occurrences and signed by a responsible
person. Look for deliberate attempts on part of the staff to make extra money using
this modus operandi.
Over pouring
Bartenders do so to influence the guest for a larger tip or buy them (bartenders) a drink.
Precaution: Bartenders should be told to prepare all drinks using a peg measure and
not to free pour under any circumstances. Other solutions include use of bar optics
(pourers) fitted to bottles that deliver an exact measure of liquor, the use of automatic
drink dispensing systems, and use of shoppers to regularly observe and report on
this fraud. Moreover, bartenders should not be allowed to use their own measuring
devices to avoid this fraud.
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Import empty bottles into the function room bar (which have in reality not been
consumed at the party of the host). Whisk away an equivalent amount of full bottles
and raise the amount payable by the guest. The bottles thus siphoned away are then
taken for personal use or transferred to the main bar (for fraudulent use as it is excess
stock).
Precaution: Having tile par stock counted and marked. Ensuring tight physical
supervision on the dispense of drinks. Placing all bottles on the bar top in full view
of the guest and even having a person from the host’s party keeping an eye on the
service/dispensing bar counter helps in avoiding such a fraud.
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Prerecording and Registering the Sale of Drinks during the Happy Hours
It is done to pocket the difference when the drinks are actually sold at a higher price
during normal hours.
Precaution: The use of different colored guest checks during these special (happy)
hours will help prevent this.
Overcharging
When drinks are being served to a group of customers (who are running up a tab), the
barman/cashier many a times adds a charge for a few more drinks. The guest overlooks
the same and pays the amount unquestioningly. In case it is caught, the bartender may
claim an oversight, rectify the error and possibly get away. After departure such bill is
adjusted for the sales difference which is then pocketed. The stock will not differ because
the extra drinks charged were never served. This act of deliberately overcharging the
guest if he is in an intoxicated/inebriated state is called as Overcharging. Precaution:
Any alterations on a bill must be authorized by the manager only and a satisfactory
explana.ron sought. Strict actions should be taken against beverage servers caught
short-changing or overcharging the guest. It may serve as a deterrent. A computerized
system of billing would reduce overcharging in prices Charged.
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Liquor Legislation 253
be imparted. A stiff penalty for lost checks may be implemented. Having a pre-check
system will ensure that there is backtracking to find the value of the lost check.
Bar License
Bar license means an on license for premises that are a bar.
■■ means premises where the predominant activity at the licensed times is the
serving of liquor for consumption at the premises; and
■■ includes premises prescribed by regulation to be a bar.
Nightclub License
Nightclub license means an on license for premises that are a nightclub.
■■ means premises where the predominant activity at the licensed times is dancing
and entertainment; and
■■ includes premises prescribed by regulation to be a nightclub.
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254 Legal Aspects in Tourism and Hospitality
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Liquor Legislation 255
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256 Legal Aspects in Tourism and Hospitality
same time causing no harm to them or to others. Most bar and beverage operations
try to ensure that guest have an enjoyable time by providing them with a friendly
atmosphere, good quality of food and drink, relaxation and entertainment, and a chance
to socialize. When a guest enters an establishment, a relationship of host and guest is
established. It is the duty of the good host to see the need of the guest. Specifically,
in the service of alcoholic beverages, this means that the host has a responsibility to
see that guest do not consume excessive quantity of alcohol.
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Liquor Legislation 257
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258 Legal Aspects in Tourism and Hospitality
important source of income. But in today’s scenario social concerns about the costs of
irresponsible alcohol consumption are growing. These social concerns and the actions
springing from them have sparked a moment to clearly define the responsibilities of
those serving the alcohol. Management must assume a leading role in discharging
these responsibilities; it should understand the problems and how to cope with them.
Policies and procedures must be defined, and employees should be knowledgeable
about them and their use. Beverage servers should understand alcohol’s physicals effects
and be able to detect over drinking and problems caused by it. Such an understanding
enables those serving alcohol to make that service a more positive experience. Servers
should also understand their own role in seeing that alcohol is served responsibly.
The most recent report of the WHO ranks alcohol 3rd from the top among all causes
of disability. In developed countries, alcohol problems account for 9% of all disability
adjusted life years lost. In this scenario responsible beverage service plays a pivotal
role. The majority of alcohol problems are caused by multiple risk and protective
factors. By definition a risk factor occurs before an alcohol problem and is associated
with increased probability of the problem in question. Further, it is revealed that ‘an
abstainer’ is a person who has not consumed any alcohol for at least a year. A ‘light
drinker’ is a person who consumes less than 0.22 of an ounce of 100% alcohol per
day. A ‘moderate drinker’ consumes an average of 0.22 to 0.99 of an ounce of 100%
alcohol per day. A ‘heavy drinker’ consumes an average of 1.0 ounce or more of 100%
alcohol per day. A long period of time of drinking can lead to alcohol dependence.
There are several forms of alcohol dependence. One is the inability to stop drinking
until intoxicated. Another is the compulsive need to have a drink at a certain time of
day. However another is binge drinking; it may abstain for months and then drink
heavily for days. Alcohol dependence is a disease that can be controlled by physical
and psychological therapy. About 6% of all people who consumes alcohol develops
alcohol dependence over period of time.
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Liquor Legislation 259
minors often misrepresent their age, and their originality in trying to escape detection
should not be discounted. Detection and refuses is a challenge to those providing
alcohol. All states have minimum age standards for alcoholic beverage service. Most,
not at all, states now set the legal age at 21. It is important for the bartender to know
about the state’s or locality’s age restrictions while serving alcohol to the public and
look out on the various documents such as driver’s license, government or military
ID card, passport, adhar card, etc. In some bar and beverage operations there is a
separate section were minors can order non-alcoholic beverages. If legal drinkers
are admitted to this area and allowed to purchase alcoholic beverages, some type of
identification should be use to set these individuals apart from the minors. It may be
important to see that minors allowed into such areas do not slip into areas where legal
drinkers are; many states prohibit minor from being in such areas. Further the other
legal concern is serving to intoxicated guest. An intoxicated person is often a source
of embarrassment annoyance to other guest. If people commonly become intoxicated
the other guest may stop patronizing your business.
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INDEX
B F
Bar and Beverage Management 257 Fair Labor Standards Act (FLSA) 24
Bar license 253 Food and Drug Administration (FDA) 5,
Barman-guest interaction 230 181, 213, 216
Best Available rates (BAR) 23 Food legislation 175
Blood Alcohol Concentration (BAC) 256 Foreign Exchange Management Act (FEMA)
9
C
G
Cash on delivery (COD) 236
Catering 4, 36, 39 General Food Law Regulation 177, 179
Continental Plan (CP) 23 Genetically modified (GMO) 186
Customer satisfaction 118, 120, 126 Genetic Information Nondiscrimination Act
of 2008 (GINA) 26
D Guest Relation Officer 112, 113, 114, 115, 123
Guest Relations Manager 115, 116, 123
Diluting liquor 248
266 Legal Aspects in Tourism and Hospitality
H N
Hospitality industry 4, 5, 7, 16, 22, 24, 35, 37, National Mobile Property Register (NMPR)
42, 88, 93, 119 147
Hotel guests 93 Nightclub license 253
Hotel Industry 9, 13, 14, 15, 26
Hotel liability 102 O
Hotel management 22, 23, 27 Occupational Safety and Health Act (OSHA)
26
I
Organization for Standardization (ISO) 195,
Income tax 9, 15 196
Innkeeper 94, 95, 96, 98, 99, 103, 104, 105,
123, 124, 127 P
Production 176, 177, 181, 182, 183, 190, 191,
L
194, 197, 198, 199, 202, 212, 213
License for storage of Kerosene & Com- Provident Fund (PF) 20
pressed Gas (LPG) 44
Liqueur 221 R
Liquor License 226, 229 Risk analysis 177, 178
Lost property 130, 131, 137, 138, 139, 142, Risk-management 6
143, 147, 148
Lost Property Office (LPO) 138 S
Luxury tax 9, 15
Service charge 27, 28, 29, 37
M Service tax 9, 15, 20, 21, 26, 27, 28, 29, 30, 37
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