Addressing the harmful use of alcohol - WHO Western Pacific Region

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4. Regulating availability The legislation may establish criteria for appointments to the decision-making body – such as the number and qualifications of members, whether a judge is required, public health representation, and rules in regard to conflicts of interest. Thailand’s Alcohol Beverage Control Act 2008 is of interest in requiring appointments from the highest levels of government. It establishes a Policy Committee comprising Ministers with relevant portfolios and expert advisers. Its role is to prepare policy and an action plan for controlling alcohol through taxation and other measures, as well as treatment and rehabilitation, and submit these to the cabinet. It also establishes an Alcohol Beverage Control Committee comprising heads of relevant departments, expert advisers and representative of nongovernment groups “that aim to reduce alcohol consumption, to protect children and youths or women, and to protect consumers.” Advisers and NGO representatives must be Thai, have no recent criminal convictions, no alcohol convictions in the past five years, not be alcoholic, hold no political or political party office, and have no business involvement in the alcohol industry. There are similar appointments to a Bangkok committee and a Provincial committee. The role of the control committees is to advise on detailed regulations under the Act, to be announced by the Minister of Health. In addition, an Office of the Alcohol Beverage Control Committee administers, coordinates, undertakes research and provides public information. Responsive regulation theory suggests that legislation should focus on establishing regulatory processes, relationships and powers, rather than on concrete requirements that may later need changing. Legislation often provides a process for regulations on details (fees, fines or administrative processes) without the need for legislative amendments. Some requirements can be imposed using the licence itself through the setting of standard or individual conditions (Ayres and Braithwaite 1992). Scottish licensing boards are required to provide an annual statement of licensing policy, on which decisions will be based. This is developed in consultation with police and other local agencies. The policy may include a statement of ‘over-provision.’ In late 2009, parliament was considering an additional requirement for boards to investigate and report whether local sales of alcohol were having a detrimental effect on young people aged under 21. Licensing the person or the premises A licensing system aims to ensure the responsible sale of alcohol and management of premises by licensing only ‘fit and proper’ or ‘suitable’ persons. The suitability of new applicants is checked by police, including the directors of any company. ‘Suitability’ can be later affected by conviction for licensing offences or other relevant matters (e.g. drugs, drink-driving, violence), and by evidence of poor management and non-compliance with alcohol laws. In the case of a corporate licensee, the legislation may lodge licensee responsibility with an approved Return to TOC 41
Addressing the harmful use of alcohol : A guide to developing effective alcohol legislation manager, as in New South Wales. New Zealand legislation requires the licensee or a certified manager to be present during all hours of trading. In addition, legislation can also be used to lift the corporate veil and make directors and owners of companies legally liable for noncompliance with alcohol control legislation. Older legislation often licenses the premises as well as the person, with often complex provisions for transfer of ownership or transfer of the licence to other premises, etc. The simpler procedure of licensing the person only still involves including a designation of a particular area as ‘licensed premises’ on the licence and on information provided by the licence applicant. This may include designating the area or part of the area as age-restricted. As with other businesses serving food, licensed premises are subject to other laws and regulations on food hygiene, including inspections, and building and fire regulations to ensure safety, and limited numbers. Any non-compliance may result in temporary or permanent closure. Table 4.5 : Legislative examples Liquor Act, New South Wales (2007) Decision of Authority in relation to licence application 1) The Authority may, after considering an application for a licence and any submissions received by the Authority in relation to the application, grant the licence or refuse to grant the licence…. 3) The Authority must not grant a licence unless the Authority is satisfied that: a) the applicant is a fit and proper person to carry on the business or activity to which the proposed licence relates, and… b) … that development consent or approval is in force. 4) The regulations may also provide mandatory or discretionary grounds for refusing the granting of a licence. Liquor Control Act, Manitoba, Canada (1988) 23(1) Whereby this Act a licence or permit may be issued, the commission may issue the licence or permit, but nothing in this Act compels the commission to issue any licence or permit. 24) A licence does not authorize the sale of liquor, nor does a permit authorize the purchase, sale or use of liquor, unless the purchase, sale or use is in accordance with this Act and the regulations and unless the licence or permit is in force. 42 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
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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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Addressing the harmful use of alcohol - WHO Western Pacific Region

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