Addressing the harmful use of alcohol - WHO Western Pacific Region

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4. Regulating availability will allow in those zones within their district. By considering the sale of alcohol as a land use activity, decisions are made about what kinds of alcohol outlet – restaurant, bottle store, supermarket, or late-night bar – and what hours of trading are appropriate for particular zones. In New Zealand, for example, no councils currently restrict licensed premises or outlets in urban commercial districts, and no councils allow licensed premises or outlets (or other new commercial premises) in residential areas. Some allow bottle stores or licensed restaurants in small blocks of shops within residential districts, which has often led to contention in the community. Problems are sometimes resolved through council policies or licence conditions about the nature of the business or the hours of trading in different zones. Under liberal licensing laws and complex planning laws, the proliferation of licensed premises in some localities has become a political issue at local and national level in New Zealand (Hill 2003a, b). Problems are most likely where planners have not given sufficient consideration to the sale of alcohol and its possible impacts on amenity and environment. Legislation, however, can be used to mandate procedures for planners to undertake, including public hearings, before alcohol licenses can be issued. Liquor licensing legislation often prohibits licensed premises in close proximity to schools, hospitals and places of worship (e.g. the Intoxicating Liquor Act of Tonga). This restriction can be included in the criteria for granting the various kinds of licence. Sometimes it is done by council policies or plans that require a buffer zone of so many metres from sensitive community facilities or from residential housing. In the United States of America, where the most research on alcohol outlet density has been done, many states use zoning to regulate the density of alcohol outlets to protect the health, safety and welfare of the community. Some states have declared a moratorium on new licences (Hill 2003a). In Australia, the New South Wales’ Liquor Act 2007 has addressed issues of outlet density and harm in entertainment districts by allowing the licensing authority to declare a temporary moratorium or “freeze period” on the granting of any new or moved licences, special occasion licences or extension of trading hours within a particular declared precinct. The freeze also restricts any changes likely to increase the number of people who enter the precinct or increase patron capacity of any premises. Some councils in Victoria and the Northern Territory have also recently declared a moratorium on licensing any new alcohol outlets. Issues to consider Some of the above strategies to restrict alcohol outlets through zoning and council policies are pragmatic responses to tension between national level liquor licensing laws and community concerns. Town planners may have little awareness of alcohol issues and public health Return to TOC 35
Addressing the harmful use of alcohol : A guide to developing effective alcohol legislation impacts. Development of district plans is slow, and changing them slower. It can be helpful to ensure the exchange of expertise at early stages of preparing both liquor licensing legislation and local district plans. Below is an example of legislative text from Western Australian that limits licensing based on locational impacts. The New South Wales example is a recent amendment that allows the licensing authority to place a moratorium on any new licence in areas with high density of outlet and drinkers. This can also addressed by giving the licensing authority a clear power to grant or deny a licence and criteria that include locational impacts and outlet density (see suggested text, p.43). Local government rules related to the location of licensed premises can also be covered by requiring a planning consent certificate to be submitted with the licence application and including local government alcohol policies in the criteria for granting a licence (see suggested text, p.43). Table 4.3 : Legislative examples Liquor Control Act, Western Australia (1988) An application shall not be granted where the licensing authority is satisfied that an undue degree of offence, annoyance, disturbance or inconvenience to: a) persons who reside or work in the vicinity of the place or premises to which the application relates; or b) persons in, or travelling to or from, an existing or proposed place of public worship, hospital or school, would be likely to occur. Liquor Act, New South Wales (2007) 47B Restrictions on granting new licences… (2) During the freeze period, the Authority must not grant an on-premises licence (other than an on-premises licence referred to in subsection (1) (c) [ Section 47B (1) (c): on-premises licence that relates to a public entertainment venue]) for subject premises if the Authority is satisfied that the granting of the licence is likely to result in an increase in the number of persons who enter the freeze precinct in which the premises are situated principally to consume alcohol… 36 Return to TOC
Page 2 and 3: Return to TOC i
Page 4 and 5: Table of Contents Acknowledgments v
Page 6 and 7: 7. Monitoring and enforcement 74 Ra
Page 8 and 9: 1. Introduction Purpose and audienc
Page 10 and 11: I. Introduction alarming “extent
Page 12 and 13: 2. The importance of public health
Page 18 and 19: 3. Reducing affordability Alcohol t
Page 20 and 21: 3. Reducing affordability Registeri
Page 22 and 23: 3. Reducing affordability From the
Page 24 and 25: 3. Reducing affordability smuggled
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Page 30 and 31: 3. Reducing affordability Table 3.2
Page 32 and 33: 3. Reducing affordability research
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Page 36 and 37: 4. Regulating availability Rational
Page 38 and 39: 4. Regulating availability All the
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Page 46 and 47: 4. Regulating availability The rati
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Page 82 and 83: 7. Monitoring and enforcement Issue
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7. Monitoring and enforcement conce
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8. Regulating alcohol marketing whi
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8. Regulating alcohol marketing mar
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8. Regulating alcohol marketing Tab
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8. Regulating alcohol marketing Liq
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8. Regulating alcohol marketing Tab
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9. Deterring drink-driving Blood al
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9. Deterring drink-driving why drin
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10. Implementation The importance o
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10. Implementation Public interest
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References Academy of Medical Scien
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References Euromonitor Internationa
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References Huckle, T., P. Sweetsur,
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References Rise, J. Natvig, H., Sto
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