Addressing the harmful use of alcohol - WHO Western Pacific Region

Addressing the harmful use of alcohol : A guide to developing effective alcohol legislation
Suggested licence conditions:
• the steps that the licensee will take to ensure that alcohol is not sold or served to minors or
intoxicated persons
• the provision of food and non-alcoholic drinks by all on-licences premises
• any standard conditions related to the type of business (e.g., on-licences for bars,
restaurants, accommodation hotels, theatres or off-licences for bottle stores, supermarkets)
• designation of the premises or any part of the premises as age-restricted
• any conditions related to impacts on the neighbourhood
• any other conditions that, in the view of the licensing authority, will:
i) resolve any matters raised by police, licensing officers or public objections; and
ii) achieve the Objects of the Act.
Licence conditions and offences to increase host responsibility
Recent legislation makes it an offence to sell alcohol to an already intoxicated customer or to
allow “excessive intoxication” on the premises. The degree to which different individuals are
affected by alcohol can vary, but guidelines on common indicators of impairment are available
for police or hospitality training. As shown in examples below from New South Wales and New
Zealand, a shift in legislative focus is occurring from the behaviour of the drinker to the role
of the seller. Both countries continue to make it an offence to permit intoxication or unruly
behaviour on licensed premises, but recent provisions also makes it an offence to sell more
alcohol to any drinker who shows signs of already being intoxicated (whether or not earlier
consumption was on the same premises).
Licensing legislation offers the opportunity for requirements of management that improve
host responsibility and help reduce intoxication. For example, both New South Wales and
New Zealand require all on-licensed premises (not just restaurants or cafés) to have food
(substantial meals) and non-alcoholic drinks available at all times. Many licensees have found
the sale of food, coffee and soft drinks increases profitability and may help shift businesses
away from a focus on heavy drinking.
In many parts of the United States of America, certain retail licenses must ensure a minimum
percentage of total sales are food and nonalcoholic beverages. If the minimums are met, then
the licensee is classified as a restaurant.
Monitoring these requirements provides an opportunity for health promotion officers to provide
other advice and encourage licensees to adopt and display an in-house host responsibility
policy, which may contribute to evidence of suitability at licence renewal time.
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