Addressing the harmful use of alcohol - WHO Western Pacific Region

Addressing the harmful use of alcohol : A guide to developing effective alcohol legislation
Restricting the hours and days when alcohol may be sold has historically also been a key
mechanism in alcohol control legislation, with offences incurring heavy fines.
Decision-making authority
In establishing a licensing system, there are important considerations related to institutional
location of decision-making powers. There are pros and cons in locating decision-making
at the local level, where licensed premises can be more easily monitored, or at a national
level, where decisions cannot to be influenced by close personal relationships and small town
politics. The best solution is probably one that suits the scale of the country and its alcohol
market, rather than one ‘best model’ from another country.
The Australian states each have their own legislation, with a licensing authority and appeal
body in each state. In New Zealand, changes to a bill in Parliament resulted in a two-tier
system, with initial processing and monitoring at the local level and any contested decision
referred on to a national-level authority, which holds hearings around the country. In England
and Wales, licensing is decided by local committees of Justices of the Peace and in Scotland
by committees of local government. In both countries, there are growing discrepancies in the
application of the legislation and local policies, with no specialist national agency responsible
for maintaining an overview.
If the licensing authority is an appointed body, consideration should be given to its membership:
number of members; term of office; whether juridical or public health expertise is required;
and avoiding conflicts of interest from any involvement in alcohol-related businesses.
There is variation between countries on whether the licensing authority is a quasi-judicial
body or an administrative body under a director with powers of enforcement and also powers
to inquiry into any matters relevant to the Act. This decision will also affect how much
discretionary power the decision-making body is to have. Devolution of decision-making to
the local level may result in discrepancies among districts. This problem can be avoided if
legislation is written with narrow criteria and little room for flexibility. But this may lead to
dissatisfaction if decision-makers are prevented from reasonably resolving problems. Most
jurisdictions allow their licensing authority some discretion to set additional licence conditions.
Under New Zealand’s legislation, written with full devolution in mind, the national licensing
authority handles contested applications, but finds itself unable to respond to community
concerns. There are now proposals to include alcohol policies adopted by local councils in the
legislation’s criteria for granting licences.
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