New Home Office guidelines on the definition of a drunk - issued to police as part of a pre-Christmas sting operation - have been revealed exclusively to The Publican.
The document, seen by this magazine, sets out precisely what officers should look for in pubs during the controversial Responsible Sales of Alcohol Campaign, which kicks-off today.
Around 90 police basic command units in England and Wales are involved in the operation, which could see barstaff being hit with an £80 fixed-penalty fine if found "knowingly" selling to someone who is drunk.
However a fine can only be issued by a uniformed officer.
Selling to a drunk customer is an offence under the Licensing Act, but confusion over what defines "drunk" has engulfed the trade - until now.
Plain-clothed officers have been told that behaviour such as "rambling conversation", "an unkempt appearance", "being careless with money", and "spilling drinks" is all evidence to prove somebody is drunk.
Other indicators, according to the document, are "fumbling for cigarettes" and "bumping into furniture".
Police in each area will visit two "nominated" premises on two nights each weekend up until Christmas Eve, with up to 1,500 premises being targeted in total.
The guidelines instruct officers to "identify potential drunken customers" and then "gather evidence of drunkenness, witness a sale and deal accordingly".
Undercover officers are also being asked to identify other breaches of premises licence conditions and "other offences".
However the document sates the guidance has no legal standing.
Licensees have slammed the guidelines. David Wine, licensee at the Six Bells in Felsham, Suffolk, said: "This is an absolute nonsense. So what if someone is dishevelled? Does that mean Bob Geldof will not be able to get served in pubs?"
"They should be targeting supermarkets rather than the pub trade."
Steve Andrews, licensee at the Seven Stars in Devon agreed the campaign was "absolutely ludicrous". "I have a lot of farmers and builders come in here and they're dishevelled.
"I would also question why police should be paid to sit around in pubs on a Friday and Saturday night."
How can police spot a drunk?
Police have been told that the aim of the guidelines is "to present such compelling physical evidence of the person's level of intoxication that it would be impossible for a court to accept that the person who conducts the sale did not know of this fact".
Evidence police have been told to look for includes:
A noticeable change in behaviour
- Bad tempered, aggressive;
- Offensive language;
- Becoming loud, boisterous or disorderly;
- Becoming physically violent;
- Becoming incoherent;
- Slurring, or making mistakes in speech; and
- becoming argumentative.
A lack of judgment
- Being careless with money;
- Annoying other persons, employees etc;
- Exhibiting inappropriate sexual behaviour;
- Drinking quickly or competitively ('down in one')
Clumsiness & loss of co ordination
- Swaying;
- Staggering;
- Difficulty with walking;
- Falling down;
- Bumping into furniture;
- Spilling drinks;
- Difficulty in picking up change; and
- Fumbling for cigarettes, or other items
Decreased alertness
- Drowsiness, dozing or sleeping;
- Rambling conversation;
- Loss of train of thought;
- Difficulty in paying attention;
- Not understanding what is said;
- Glassy eyes and
- Lack of focus.
Appearance
- Unkempt
- Dishevelled
Source: Home Office guidelines