Jim Anderton's Progressives The Strength To Care







Law Commission Issues Paper:
‘Alcohol in Our Lives’


30 October 2009




Submission

Hon Jim Anderton
Progressive Party Leader
MP for Wigram





INTRODUCTION

I am under no illusion about the challenge involved if we are to seriously reduce the harm caused by alcohol.

But doing nothing is not an option. Alcohol is by far the most damaging drug in the country. It causes between $2-$3 billion dollars worth of economic and social harm each year.

I welcome this issues paper and the unique opportunity it gives us to reform the legal framework in which alcohol is sold, advertised and promoted. It gives us a chance today to do more to protect New Zealanders from the harm caused by the abuse of alcohol.

In Part One I outline the context in which I make this submission, and also call on the Law Commission to do more in its final recommendations to guide law makers on how to further curb alcohol advertising, particularly to the most vulnerable New Zealanders - the young. I would like to see more options put forward by the Law Commission on how we can greatly reduce the availability of alcohol to young people.

In Part Two I have given my opinions and made comments on every option put forward in the Law Commission’s paper, ‘Alcohol in our Lives’.


PART ONE
I urge the Law Commission to help change the tide of New Zealand’s harmful drinking culture, and welcome the options put forward in this issues paper. But I believe that more options need to be explored to reduce the availability of alcohol to young New Zealanders; and more needs to be done to curb the advertising of alcohol.

What we need is a culture change.

Less than ten people died last year as a result of using the drug commonly known as ‘P’.

Twenty people died from swine flu this year.

1000 people die from alcohol related problems each year.

These statistics put into perspective the enormity of the challenge we are facing.

Every day we are presented with disturbing evidence of the social deterioration and crime caused by the excessive consumption of alcohol.

All Black’s games and the Black Caps Summer Cricket series drip in alcohol promotion. Yet we act surprised when leading sportsmen like cricketer, Jesse Ryder and rugby star, Jimmy Cowan get into trouble for drinking too much.

A leading alcohol researcher in the UK said that: “Nations, like people, can develop a pathological pattern of alcohol misuse”. That’s what has happened in New Zealand. We already had a drinking culture, but the easy availability of alcohol, the lowering of the drinking age, and the influence of the alcohol industry on alcohol-control policy has turned that culture into a pathological problem.



Changes in law need to assist us in also changing the culture of heavy drinking in New Zealand. I would like to see more analysis done on how each option put forward in this issues paper is likely to help change the behaviour of New Zealanders. When the law was changed to make it compulsory to wear a seat belt for example, the law was only successful when accompanied by a long and targeted marketing campaign.

Reducing the availability of alcohol to young people, and restricting the advertising of alcohol will both have a positive and profound impact on the culture of binge drinking.

The alcohol industry actively markets alcohol to young people. This must be stopped.

Every advertisement seen by a young person (15-24 years) increases the number of drinks they consume by 1%. They become customers for life.

The alcohol industry makes its profits by encouraging heavy drinking. So if we are serious about curbing the availability of alcohol to young people, and the promotion of alcohol to youth, then we will have to place legal restrictions on the industry.

ALAC advises the government on policy that affects the availability of alcohol, but there is no clear direction that they should not have a representative from the alcohol industry on the board. I would like to see this change. It makes no sense to allow a representative from the alcohol industry sit on a body designed to limit the industries ability to sell and promote its business.

We have a national alcohol crisis. It is imperative that we deal with New Zealand’s culture of heavy drinking if any legal changes are to be effective.

Currently, $200,000 per day is spent on marketing and advertising alcohol.

About half the marketing is spent on sponsorship.

I would like to see the alcohol sponsorship of sports games banned. That would require a commitment from government to cover a transition in sponsorship for those sports presently sponsored by the alcohol industry.

We did it with smoking: remember Rothmans cricket series? It is now sponsored by the National Bank. This example shows that changes can be made.


I would like to see the price of alcohol increased; the purchase age raised; accessibility, advertising and marketing of alcohol greatly reduced; and drink-driving counter-measures increased.


PART TWO
Feedback on the options for change as set out in ‘Alcohol in Our Lives’ (as set out on pages 233 to 241 Chapter 13 ‘Range of Options’ of the Law Commission’s Issues Paper).

We support the following options:

SUPPLY CONTROLS

Purchase/Drinking Age Options

(b) Increase the minimum purchase age from 18 to 20 years from any licensed premises.

Individual and Parental Responsibility for Young People’s Drinking Options

(a) No change.

License Options

(c) Have a single liquor license with conditions added on to it to reflect the nature of the business.

Liquor Licensing Authority Options

(d) Retain the Licensing Authority as the specialist regulator but give it enhanced powers and functions, for example to:

  • Monitor and report on trends and adjust aspects of sale policies such as promotions,
  • Award costs,
  • Impose fines on licensees, managers and staff of licensed premises for breaches of any of the provisions of the Act,
  • Enhance the flow of data from inspectors, police, District Licensing Agencie (DLA’s) medical officers of health, and licensees, and
  • Implement quality control of DLA output and compliance.

District Licensing Agency Options

(c) Enhance the powers and functions of the District Licensing Agencies (DLAs), for example by:

  • Requiring higher levels of performance and reporting from DLAs,
  • Providing for mandatory training for their inspectors,
  • Enabling the setting of fees for the issuing of licenses to allow the DLAs’ function to be performed effectively,
  • Ensuring the DLAs’ decisions are independent of the council of the relevant local authority, and
  • Specifying, by statute, a particular membership for DLAs.

Note we do not support the proposal that local authorities be allowed to keep the fines imposed as a result of their prosecutions. Funding should be a separate issue to revenue from fines.

License Criteria and Objections Options

(b) Change the law to allow the licensing decision-maker to refuse licenses on wider grounds than at present, for example, on grounds that:

  • The overall social impact of the license is likely to be detrimental to the well-being of the local or broader community, taking into account matters such as the site of the proposed premises, the density and type of other premises in the area, and the health and social characteristics of the local population;
  • Granting the license would be inconsistent with the object of the Act; the amenity, quiet or good order of the locality would be lessened by the grant of license, and
  • The license would be inconsistent with the relevant local alcohol policy.

And

(e) Specifically authorise medical officers of health to report on all types of licenses and license renewals,

And

(g) Improve the effectiveness and efficiency of the process for notifying the public of license applications.

Hours Options

(b) Restrict the opening hours of all off-licenses, for example, from 8 a.m. to 10 p.m., on a nationwide basis,

And

(c) Restrict on-license premises from selling alcohol after a specified time, for example 2.00 a.m., on a nationwide basis.

Prohibited Days Options

(b) Maintain the status quo, but specify the hour at which the prohibition begins, for example 2 a.m.

Types of Off-License Premises Options

(c) Specify and further restrict the type of premises in respect of which off-licenses may be granted (for example, restrict supermarket sales, better define what constitutes a grocery store).

Off-License Product Options

(d) Provide a regulatory power to prohibit the sale of undesirable liquor products based on expert recommendations to the Minister.

Options on Product Labelling and Serving Sizes

(b) Provide a regulatory power to prohibit the sale of undesirable liquor products based on expert recommendations to the Ministers,

And

(d) Require health warning labels on alcohol products, for example foetal alcohol syndrome.

License Renewal Options

(c) Create a “permanent” license for licensees who have shown there are no issues with their performance in adhering to the regulatory regime, and where no change in license conditions is sought. The license would be reviewed if there was a complaint from the public or at the instigation of the police, a licensing inspector or medical officer of health.

Licensing Trust Options

(a) No change.

DEMAND REDUCTION

Excise Tax Options

(c) Reduce tax on low alcohol products. The tax should be levied on the percentage of alcohol by volume in each drink.

Pricing Options

(b) Regulate the pricing of alcohol by introducing a minimum price per unit of alcohol,

And

(e) Require the Licensing Authority to take into account past retail practice (including pricing and promotions behaviour) in licensing decisions and require liquor licensees to supply the necessary data.

Advertising Options

(c) Establish a legal framework and statutory body to regulate and control liquor advertising,

(f) Control television advertising between certain hours,

And

(g) Restrict sponsorship linked to alcohol products.

Promotions Options

(c) Require the licensing decision-maker to take into account previous harmful promotional practices in licensing decisions.

PROBLEM LIMITATION

Enforcement and Penalties Options

(b) Increase the penalties for breach of license conditions, including making it easier for a licensee to lose a license,

(d) Provide the police and licensing inspectors with the ability to request an urgent hearing with the Licensing Authority if there are serious concerns or repeated breaches of the Act to expedite the Licensing Authority’s consideration of the matter,

And

(g) Provide medical officers of health with the same powers of entry as licensing inspectors.

Alcohol in Public Paces Options

(a) Continue the status quo, where liquor bans are dealt with by way of local authority bylaws.


Transport Options

(a) Lower the blood alcohol limit from 80 milligrams of alcohol per 100 millilitres of blood to 50 milligrams of alcohol per 100 millilitres of blood for those over 20 years, and lower the blood alcohol limit to zero for those under 20 years,

(c) Introduce alcohol ignition locking devices (which require the driver to blow into them and “pass” before the vehicle will start for all or some convicted drink drivers,

And

(f) Introduce a legal blood alcohol limit for a person in charge of a pleasure craft, for example, a yacht or a motor boat (launch).

Treatment Options

(c) Require the need for alcohol and other drug assessment and treatment to be taken into account during sentencing in cases where alcohol and other drugs may have contributed to the offending,

(d) Develop the workforce to ensure assessment, referral and brief interventions can be delivered by appropriate professionals across sectors; (for example, primary are, mental health, emergency departments, justice, corrections, education, Work and Income, ACC),

And

(e) Investigate the range of alcohol-specific treatment interventions provided, with a view to determining gap areas (for example, alcohol detoxification and nationally consistent drink driving group interventions) with the potential to increase funding via the alcohol levy managed through the Alcohol Advisory Council of New Zealand (ALAC).