WHILE #3 FOR TKOF; CONFLICTING CONSIDERATIONS OF AN INTOXICATED PAX VERSUS ARPT CURFEW TIMES IN LGB COMPLICATED AN A319 FLC'S DECISION MAKING OF WHETHER TO DEPART PHX ON TIME OR RETURN TO THE GATE.

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WHILE HOLDING SHORT OF RWY 25R FOR DEP; THE #1 FLT ATTENDANT CALLED TO INFORM US THAT SHE HAD JUST BECOME AWARE OF AN INTOXICATED PAX ON BOARD; AND THAT SHE HAD CALLED FOR THE #2 FLT ATTENDANT TO MAKE ANOTHER EVALUATION OF THAT PAX. WHILE WE WERE WAITING FOR THE SECOND EVALUATION AND DEP CLRNC; WE QUICKLY LOOKED FOR GUIDANCE IN THE FOM AND DISCOVERED THAT THERE ISN'T ANY. WE WERE QUITE CLR ABOUT WHAT IS REQUIRED WHEN THE DISCOVERY IS MADE AT THE GATE (AS IS THE FOM); BUT DISCOVERY DURING TAXI IS NOT SPECIFICALLY COVERED. OUR DEP CLRNC WAS IMMINENT WHEN WE GOT THE SECOND EVALUATION (YES; HE IS DRUNK; BUT NOT CONSIDERED TO BE A PROB BY EITHER FLT ATTENDANT) AND WE DEPARTED PHX FOR LGB. HAD WE BEEN AT THE GATE; THERE WOULD HAVE BEEN NO QUESTION OR HESITATION ABOUT REMOVING THE PAX. HOWEVER; WITHOUT CLR GUIDANCE IN THE FOM; AND OUT OF CONCERN FOR THE OTHER 123 PAX -- WITH AN APCHING LGB CURFEW -- WE MADE THE JUDGEMENT TO LEAVE. THE PAX WAS FINE DURING THE FLT. HOWEVER; AT ENG SHUTDOWN; THE #1 FLT ATTENDANT REQUESTED LAW ENFORCEMENT. APPARENTLY THE MAN TRIED TO VISIT THE LAVATORY WHEN WE WERE BELOW 10000 FT; AND THEN MOUTHED OFF TO THE FLT ATTENDANT. THERE WAS ALSO A CONCERN ABOUT HIM DRIVING HOME. IN THE FUTURE; I WILL RETURN TO THE GATE AND HAVE THE PAX REMOVED REGARDLESS OF THE SCHEDULING CONSEQUENCES. ALSO; THE FOM SHOULD BE REVISED WITH CLR LANGUAGE REQUIRING A GATE RETURN. SUPPLEMENTAL INFO FROM ACN 543488: WE FOUND PLENTY OF DATA IN DEALING WITH INTOXICATED PAX AT THE GATE AND INFLT. NO INFO IN OUR MANUAL GAVE GUIDANCE ON TAXI OR AN IN-LINE-FOR-DEP PROC SCENARIO. BY THIS TIME THE FLT ATTENDANT WAS BACK ON THE INTERCOM. SHE SAID THAT THE GENTLEMAN IN QUESTION URGENTLY NEEDED TO USE THE BATHROOM AND WAS SOMEWHAT VERBALLY ABUSIVE. AGAIN WE SAID TO HER THAT WE WOULD NOT DEPART IF SHE FELT THE LEAST BIT UNCOMFORTABLE. TOGETHER; THE FLT ATTENDANTS AGREED THAT HE WAS NOT A THREAT TO SAFETY. IT WAS ONLY GOING TO BE A 1 HR FLT. THE FLT WAS FULL AND WE DID NOT WANT TO INCONVENIENCE THE OTHER 123 WELL-BEHAVED PAX. WE BOTH FELT THE FLT COULD BE OPERATED SAFE AND LEGAL. APPARENTLY; THE INTOXICATED PAX WAS UP IN THE AISLE WALKING TOWARD THE FORWARD LAVATORY WHILE WE WERE ON SHORT FINAL. WE EXPECT THE GATE AGENTS TO SCREEN FOR INTOXICATED PAX; WHICH DID NOT HAPPEN IN THIS INSTANCE. IT MAY BE WRONG BUT WE MADE A JUDGEMENT CALL.