When something happens at your venue, documentation is everything.
Under Section 12-10-53 of Birmingham's General Code, every assault, assault and battery, or affray at your venue must be reported to police immediately by phone, followed by a written report within 36 hours. Failure to report is grounds for license revocation or suspension.
What counts as a reportable incident?
The ordinance specifically requires reporting of assaults, assault and battery, and affrays (fights involving multiple people). Best practice is to document any significant incident:
- Physical altercation (fight, assault)
- Weapon detected or confiscated
- Medical emergency
- Property damage
- Ejection of a patron (especially if force was involved)
- Any situation where police were called
When in doubt, document it. An unnecessary report never hurt anyone. A missing report can cost you your license.
Serious incidents — know the threshold
Under the 2026 amendment, certain incidents are classified as "serious" — shots fired, 3+ person altercations, or bodily harm/death. A serious incident can reclassify your venue as a Late Night Establishment for 12 months if you're open past 10 PM, triggering additional compliance requirements.
What to include
Date and time of the incident (be precise), location within the venue, reporter name and role, a clear factual narrative of what happened, which staff responded and what actions they took, whether police were called (and if not, why), and the outcome/resolution.
The 36-hour rule
You have 36 hours from the time of the incident to submit your written report to the police department. This is a hard deadline — not a suggestion. Set up a system to track this automatically so nothing slips.
Why this protects you
Consistent documentation protects your license, shows good faith to the city, and supports conversations with your insurer. The venues that run into trouble aren't typically the ones with the most incidents — they're the ones that can't prove they handled them properly.