Date: 201910
Local time of day: 1801-2400
Location: ZZZ.Airport, US
Flight conditions: Mixed
Weather elements / visibility: Rain
Light: Night
Aircraft: Commercial Fixed Wing
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Parked
Airspace: Class B ZZZ
Reporter organization: Air Carrier
Reporter function: Captain; Pilot Not Flying
Reporter qualification: Flight Crew Air Transport Pilot (ATP); Flight Crew Instrument; Flight Crew Multiengine
Anomaly: Deviation / Discrepancy - Procedural Published Material / Policy; Flight Deck / Cabin / Aircraft Event Passenger Misconduct
Detector: Person Flight Attendant; Person Flight Crew
When detected: Aircraft In Service At Gate
Result: General Police / Security Involved
Contributing factors: Company Policy; Procedure
Primary problem: Company Policy

Narrative: A male customer seated in XXC (subject customer) was presenting indications of alcohol consumption and intoxication. Specifically; the subject customer presented the odor of an alcoholic beverage on his breath and his behavior was disrupting the quiet enjoyment of the flight for surrounding customers. As he boarded the aircraft at the end of the boarding process with an unidentified Customer Service Representative (CSR); the subject customer; who was ticketed for seat XXD; kept asking if each sequential seat aft of row 7 was his assigned seat. For unknown reasons; the CSR eventually reseated the subject customer in seat XXC; rather than his originally ticketed seat of XXD. A short time later; Flight Attendant seated in close proximity to the subject customer (seat XXA) reported to Purser that she detected the strong odor of an alcoholic beverage on the subject customer's breath; she observed the subject customer talking to himself and making unintelligible statements. Flight Attendant stated she was very uncomfortable with his behavior. The subject customer also expressed concern regarding overhead stowage of his carry-on luggage. Purser accommodated the subject customer's request by facilitating the stowage of his carry-on luggage in the overhead bin located above seat XB; which; based on the aircraft row numbering convention; was three rows forward of the subject customer's seat. After his carry-on luggage was stowed; the subject customer got up from his seat; walked forward to the overhead bin where his carry-on luggage was stowed; opened the bin and removed and opened his carry-on luggage; apparently to locate and remove one or more personal items. A female customer seated at XB; later approached Purser and complained the subject customer was loud and verbally and physically disruptive as he was handling his luggage. The female customer asked that the subject customer's carry-on luggage be relocated away from her seat location. Additionally; the female customer seated in XB and another customer seated in the vicinity of row X reported the subject customer was presenting difficulty walking. Specifically; he was stumbling as he walked back to his seat; and as he approached his seat; he abruptly bumped into seat XC; which was occupied by another customer. The customer seated in XC approached Purser and complained about the disruption of the customer's quiet enjoyment of the flight resulting from the subject customer. Purser stated she also directly observed the subject customer's stumbling return to his seat.In addition to her direct observations and the reports from the aforementioned customers; Purser also stated; based the subject customer's apparent intoxication and disruptive behavior; she was concerned for her personal safety in the cabin once under way.Based on Purser statement; I had developed the following concerns:1) Based on the subject customer's observed and reported behavior; he presented a high likelihood of further disrupting the travel experience of our other customers; which was planned for a block time of XA:00.2) I was very concerned about Purser's personal safety as it related to the subject customer. Specifically; if Purser perceived her personal safety was at risk; this was an unacceptable work environment for her; and; consequently; her ability to perform her required duties could be impaired.3) Based on the report of the subject customer's instability and stumbling as he returned to his seat; I was concerned his lack of coordination and inability to follow simple instructions presented an unreasonable risk to his safety; the safety of our other customers and the safety of our Flight Attendants; should an incident requiring evacuation occur.Based on my concerns I called ZZZ [Company] Airport Operations and requested a Customer Service Supervisor respond to our gate for an intoxicated customer. At approximately XB:00 HRS UTC; Customer Service Agent responded to our aircraft. Atthis point; having contacted Operations and requested a Customer Service Supervisor for my stated concern of a suspected intoxicated customer; I was under the impression CSA was the Customer Supervisor I had requested; when; in fact he was not a Supervisor. I explained the situation and my concerns to CSA. In response; CSA asked if I would consider reseating the subject customer to another location in the cabin. I reviewed my concerns with CSA; particularly my concern for safety should a non-normal situation occur during the flight; and requested he remove the subject customer from the aircraft. CSA acknowledged my concerns and stated he would remove the subject customer from the flight.The subject customer was removed. However; several minutes after his removal Customer Service Supervisor responded to [gate]; entered the flight deck and began questioning my decision to have the subject customer removed. Specifically; Supervisor stated she had interviewed the subject customer in the jet bridge and; based on her experience; she found him to be 'not that drunk' in comparison to other customers who had been boarded on flights in the past. Supervisor continued by stating the subject customer's plans included attending a festival in ZZZ1 and that she would have to rebook him on a flight the following day if he was denied boarding. Supervisor acknowledged it was my 'boat;' but asked if I would reconsider. I reviewed my three chief concerns cited above with her and addressed her assertion that; based on her interview of the subject customer in the jet bridge; he was not 'that drunk.' Specifically; I stated; based on my previous training and experience as a police officer; intoxicated individuals frequently improve their comportment when they perceive meaningful consequences associated with their intoxicated condition. However; such an improvement is not an indication the intoxicated individual is any less intoxicated. In concluding our exchange; I informed Supervisor I would be unable to reconsider my decision.In addition to the safety concerns cited above; I continue to be concerned about the nature of my interaction with Supervisor. FAR 121.575 (c) prohibits boarding any passenger who is or appears to be inebriated/intoxicated. If the intoxicated passenger has already boarded; he must be removed.FOM states:'In accordance with the FARs; the Captain shall refuse to carry any person who appears to be intoxicated and/or under the influence of drugs (medical conditions are exempt). Good conduct and/or a calm demeanor does not factor into the decision for the intoxicated passenger to remain on a flight.'In asserting her position to me; Supervisor did not seem to consider the information provided by Purser; as reported to her by numerous other customers and the aforementioned Flight Attendant; as well as Purser direct observations of the subject customer's indication of alcohol intoxication and associated conduct and comportment prior to her arrival at [gate]. Supervisor concern seemed to be solely focused on the subject customer's satisfaction; rather than the safety of the flight and the travel experience of all our other customers on board.FOM Security Alcohol and Smoking PoliciesALCOHOLPROHIBITED SERVICEAlcoholic beverage service is governed by FAR 121.575 which states that no person may drink an alcoholic beverage onboard an aircraft unless it was served by the Air Carrier. Additionally; the regulation prohibits the airline from serving alcohol to anyone who:* Appears to be inebriated/intoxicated* Is a prisoner* Is escorting a prisoner* Is armedDURING BOARDINGFAR 121.575 (c) prohibits boarding any passenger who is or appears to be inebriated or intoxicated. If the intoxicated passenger has already boarded; he must be removed. Refer to Passenger Removal Policy in this chapter.RECOGNITION OF INTOXICATIONPilots are not trained to recognize levels of intoxication. The responsibility for recognizing such a condition rests jointly between Customer Service personnel and the Purser. A customer who displays signs of intoxication after boarding; during taxi; flight; or is found drinking from non-carrier served alcoholic supply shall be reported to the Captain by the Purser. If prior to cabin door closure; the Captain will coordinate with the Customer Service personnel and Purser for passenger removal. See Passenger Removal Policy in this chapter. When dealing with passengers who appear intoxicated; tact and discretion are essential. Do not discuss the customer's behavior in the presence of other customers. Refer to Security Threat Levels in this chapter.FOM Security Passenger RemovalPASSENGER (CUSTOMER) REMOVALThe Captain has the authority to request removal of any passenger in the interest of safety. The removal of a passenger must be based on a thorough assessment of the passenger's behavior and not on attributes such as physical appearance; race; gender; religion; gender identity; or ethnicity. If considering the removal of a passenger; the Captain shall:*Huddle with team members to thoroughly assess and consider all viewpoints.*Discuss and evaluate resolutions with the Purser; Customer Service Agent; Customer Resolution Officer (CRO) and Ground Security Coordinator (GSC).*If; after a thorough assessment; the decision is made to remove the passenger; then the removal is accomplished by Customer Service. Customer Service employs a variety of removal protocols; dependent on the situation. Reference the Threat Level 1 checklist for any applicable guidance. Submit an IOR. Reference the Communications chapter; Required Reports.PASSENGER INTOXICATION In accordance with the FARs; the Captain shall refuse to carry any person who appears to be intoxicated and/or under the influence of drugs (medical conditions are exempt). Good conduct and/or a calm demeanor does not factor into the decision for the intoxicated passenger to remain on a flight. Prior to Pushback:* The Purser will inform the Captain of the situation.* The Captain will coordinate removal of the passenger through Customer Service personnel.* Reference the Threat Level checklist for any applicable guidance.




Synopsis: Captain reported a lack of consensus regarding his decision to deny boarding to an intoxicated passenger.