Addressing the harmful use of alcohol - WHO Western Pacific Region

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4. Regulating availability Sale of Liquor Act, New Zealand (1989) Objections 1) Any person who has a greater interest in the application than the public generally may object to the grant of an on-licence. 2) Every objection shall be in writing, and shall be filed with the District Licensing Agency within 10 working days after the first publication of the public notice of the making of the application. 3) No objection may be made in relation to any matter other than one specified in section 13(1) of this Act. 4) In any case where— a) The application relates to any premises or conveyance in respect of which an onlicence is presently in force; and b) The applicant seeks the same conditions as those presently applying to that licence,— an objection may be made only in relation to the suitability of the applicant. 5) The Secretary shall send a copy of every objection to the applicant Table 4.13 : Suggested legislative text 1) Any person who has a greater interest than the public generally in an application for a new licence or the renewal of an existing licence may object to the granting or renewal of a licence. 2) An objection under subsection (1) may only be considered if it is consistent with the objectives of the Act. 3) Every objection shall be in writing, and shall be filed with the Authority within XX days after the first publication of the public notice of the application for licence or renewal. Term of licence and fees Monitoring, enforcement and compliance are increased by granting licence for a fixed term, which then lapses unless renewed. The application for renewal provides an opportunity to review the operation of the premises and the licensee’s record in regard to infringements, complaints from neighbours, etc. In other words, the licence continues to be a privilege, not a right. The period of licence should not be more than one year in the first instance, so that the operation of new businesses is well monitored. The costs of licensing, monitoring and enforcement should be met from fees, not subsidized from tax or rates revenue. To this end, the fee should be an annual operating fee, regardless of the term of renewal, and should be set at a level to cover the costs of regular monitoring and enforcement procedures. Return to TOC 53
Addressing the harmful use of alcohol : A guide to developing effective alcohol legislation In New Zealand, licence application fees are charged. Premises are licensed for one year, and then renewed for three years if there appear to be no problems. However, there is concern that the proportion of fees returned to local governments does not cover the costs of monitoring. The current low administration fee costs businesses only around New Zealand $5 a week over a three year renewal period. This may have contributed to the proliferation of small convenience stores and cafés licensed to sell alcohol (Hill 2003b). In the United States of America, some communities have reduced the number of alcohol outlets near student campuses by increasing the cost of alcohol licences (Hill 2003a). To allow for regular review and adjustment, an annual operating fee can be referred to in the legislation with the amount set through regulations. Management certification and training Licensing legislation in a number of jurisdictions (e.g. New Zealand, New South Wales, Victoria) require licensees and/or managers to undergo approved training on legal requirements and host responsibility. New Zealand law requires a trained, certified manager or licensee to be present during all hours of operation of on- and off-licensed premises. The Scottish law allows its licensing boards to notify a requirement for training, which must be undertaken within three months. Training for licensing inspectors and others with statutory responsibilities will also be an important part of implementation and the ongoing operation of the Act. Monitoring and enforcement The effectiveness of the licensing system and other laws related to alcohol depends on the extent to which they are regularly monitored and seen to be enforced. This is addressed in a separate section below. Designing alcohol licensing legislation The table below sets out standard and recent components of a licensing system for the sale of alcohol to the public with a check-list of options and issues in the design of legislation. It includes offences by non-licensed persons supplying alcohol. This approach may also be the best place to include any laws restricting alcohol marketing. Drink-drive laws are included in legislation regulating driving and other traffic and transport policies. This strategy is based on the licensing systems that have been established in many mature alcohol markets. They share a similar bone structure but are fleshed out in different ways that reflect different institutional and juridical arrangements and particular policy histories. 54 Return to TOC
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Table of Contents Acknowledgments v
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7. Monitoring and enforcement 74 Ra
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1. Introduction Purpose and audienc
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Page 36 and 37: 4. Regulating availability Rational
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Page 104 and 105: 9. Deterring drink-driving Blood al
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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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