Addressing the harmful use of alcohol - WHO Western Pacific Region

4. Regulating availability
Community participation and objections
The trend in recent legislation is towards increasing public participation in different ways. The
involvement of local communities in decisions on licensing and licence renewals can increase
public satisfaction with alcohol control policies. The valuable watchdog role that neighbours
and other members of the community play increases the effectiveness of regulators’ monitoring
of licensing premises (Ayres and Braithwaite 1992).
It is important for community participation in licensing decisions that the public is notified about
applications for any new licence or renewal, both on the site and in the public notices section
of the local newspaper. As a licence application often requires a prior planning consent, it may
be important to also ensure public notification of planning applications for any new licensed
premises in zones where the sale of alcohol is a discretionary activity, so that the public may
participate in location decisions too.
In British Columbia, Canada, the provincial licensing authority may not issue a licence unless the
local government and first nation have been notified and consulted. Their recommendations
and advice must address the criteria in the Act and, in certain circumstances, they may
survey local residents. The licence cannot be issued if the local government or first nation
recommend against it.
New Zealand allows public objections to applications and renewals from individuals with
an interest greater than the public in general (neighbours, elected councillors, community
leaders). They may address the licence criteria set out in the legislation. There are currently
proposals to include any available local government alcohol policy in the licensing criteria.
These policies adopted by elected councils are based on a community consultation process.
Recent New South Wales legislation includes a requirement for the licensee to submit a
community impact statement with the application and for the licensing authority to consider
the views of the local community and ensure that the overall social impact of its decisions is
not “detrimental to the well-being of the local or broader community.” There is also a public
complaints procedure. Victoria allows public objections to any licence grant, move or variation
on grounds of detriment to the amenity of the area and specifically provides for objections
by the local council. (Legislation often guards against objections from competing licensed
businesses or any objections the licensing authority considers “vexatious.”)
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