Addressing the harmful use of alcohol - WHO Western Pacific Region

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4. Regulating availability Including these matters in the criteria for granting a licence requires them to be addressed by licensees in their application for a licence, thereby becoming part of the conditions on which the licence is held (see Suggested Criteria p. 47). In addition, legislation often includes requirements or offences related to the control of unruly or violent behaviour on licensed premises. For example, police may have the power to close licensed premises for 24 or 48 hours in the case of riot. It may be an offence for licensees to permit intoxicated, unruly or violent persons on the premises, in which case they and their staff will need the necessary powers to refuse to admit or to eject the person, such as a definition of reasonable force, trespass procedures or other means appropriate to the country’s legal system. Table 4.10 : Legislative examples Liquor Act, New South Wales (2007) Requirement to provide food on licensed premises 1) Liquor may only be sold or supplied on the licensed premises to which an on-premises licence relates if food of a nature and quantity consistent with the responsible sale, supply and service of alcohol is made available whenever liquor is sold or supplied under the authorization of the licence. 2) If any requirements are prescribed by the regulations in relation to the nature and quality of any such food, those requirements must be complied with. 3) Subsection (1) is subject to such exceptions as may be approved by the Authority in relation to any particular licensed premises. Prevention of excessive consumption of alcohol on licensed premises 1) A licensee must not permit: a) intoxication, or b) any indecent, violent or quarrelsome conduct, on the licensed premises. Maximum penalty: 100 penalty units. 2) A licensee or an employee or agent of a licensee must not, on the licensed premises, sell or supply liquor to an intoxicated person. Maximum penalty: 100 penalty units. 3) A person (other than a licensee or an employee or agent of a licensee) must not, on licensed premises, supply liquor to an intoxicated person. Maximum penalty: 100 penalty units. 4) If an intoxicated person is on licensed premises, the licensee is taken to have permitted intoxication on the licensed premises unless the licensee proves: a) that the licensee, and the licensee’s employees or agents, took the steps set out in subsection (5) or all other reasonable steps to prevent intoxication on the licensed premises, or b) that the intoxicated person did not consume alcohol on the licensed premises. Return to TOC 49
Addressing the harmful use of alcohol : A guide to developing effective alcohol legislation 5) For the purposes of subsection (4) (a), the following are the relevant steps: a) asked the intoxicated person to leave the premises; b) contacted, or attempted to contact, a police officer for assistance in removing the person from the premises; and c) refused to serve the person any alcohol after becoming aware that the person was intoxicated. Sale of Liquor Act, New Zealand (1989) Sale or supply of liquor to intoxicated person 1) Every person commits an offence and is liable to the penalty set out in subsection (4) who, being the licensee or a manager of any licensed premises, sells or supplies liquor to any other person who is already intoxicated. 2) Every person commits an offence and is liable to the penalty set out in subsection (4) who, not being the licensee or a manager of any licensed premises, sells or supplies liquor to any other person who is already intoxicated. Allowing drunkenness or disorderly conduct on licensed premises Every person commits an offence and is liable to a fine not exceeding New Zealand $4000 who, being the licensee or a manager of any licensed premises,— a) Allows any intoxicated person to be or to remain on the licensed premises; or b) Allows any violent, quarrelsome, insulting, or disorderly conduct to take place on the licensed premises. Table 4.11 : Suggested legislative text Requirement to provide food and non-alcoholic drinks At all times at which alcohol is sold for consumption on licensed premises, non-alcoholic drinks and food of a substantial nature must also be available for purchase. Prohibition of sale to intoxicated persons 1) Every person commits an offence who, being a licensee, manager or server of any licensed premises, sells or supplies liquor to a person who is already intoxicated. 2) The penalty is,— a) In the case of a licensee or manager,— i) A fine not exceeding New Zealand $10 000 [U.S. $7,488]; or ii) The suspension of the licence for a period not exceeding 7 days; or iii) Both: b) In the case of a person not being a licensee or manager, — i) A fine not exceeding New Zealand $2000 [U.S. $1,497]; or ii) The suspension of the licence for a period not exceeding 7 days; or iii) Both: 50 Return to TOC
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Return to TOC i
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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
Page 26 and 27: 3. Reducing affordability Even a sm
Page 28 and 29: 3. Reducing affordability aside a f
Page 30 and 31: 3. Reducing affordability Table 3.2
Page 32 and 33: 3. Reducing affordability research
Page 34 and 35: 3. Reducing affordability Monitorin
Page 36 and 37: 4. Regulating availability Rational
Page 38 and 39: 4. Regulating availability All the
Page 40 and 41: 4. Regulating availability Retail m
Page 42 and 43: 4. Regulating availability will all
Page 44 and 45: 4. Regulating availability 47D Rest
Page 46 and 47: 4. Regulating availability The rati
Page 48 and 49: 4. Regulating availability The legi
Page 50 and 51: 4. Regulating availability Table 4.
Page 52 and 53: 4. Regulating availability Table 4.
Page 54 and 55: 4. Regulating availability Conditio
Page 58 and 59: 4. Regulating availability Communit
Page 60 and 61: 4. Regulating availability Sale of
Page 62 and 63: 4. Regulating availability The evid
Page 64 and 65: 4. Regulating availability Issues a
Page 72 and 73: 5. Regulating hours and days of tra
Page 74 and 75: 6. Setting a minimum purchase age R
Page 76 and 77: 6. Setting a minimum purchase age T
Page 78 and 79: 6. Setting a minimum purchase age 3
Page 80 and 81: 6. Setting a minimum purchase age T
Page 82 and 83: 7. Monitoring and enforcement Issue
Page 84 and 85: 7. Monitoring and enforcement licen
Page 86 and 87: 7. Monitoring and enforcement Table
Page 88 and 89: 7. Monitoring and enforcement Table
Page 90 and 91: 7. Monitoring and enforcement Every
Page 92 and 93: 7. Monitoring and enforcement conce
Page 94 and 95: 8. Regulating alcohol marketing whi
Page 96 and 97: 8. Regulating alcohol marketing mar
Page 98 and 99: 8. Regulating alcohol marketing Tab
Page 100 and 101: 8. Regulating alcohol marketing Liq
Page 102 and 103: 8. Regulating alcohol marketing Tab
Page 104 and 105: 9. Deterring drink-driving Blood al
Page 106 and 107:
9. Deterring drink-driving why drin
Page 108 and 109:
10. Implementation The importance o
Page 110 and 111:
10. Implementation Public interest
Page 112 and 113:
References Academy of Medical Scien
Page 114 and 115:
References Euromonitor Internationa
Page 116 and 117:
References Huckle, T., P. Sweetsur,
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References Rise, J. Natvig, H., Sto
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