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Addressing the harmful use of alcohol - WHO Western Pacific Region

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7.<br />

Monitoring and<br />

enforcement<br />

Rationale<br />

Effectiveness requires more than <strong>the</strong> passing <strong>of</strong> legislation. In some countries it is common<br />

that legislation is in place, but it is not enforced. Experience shows that significant reductions<br />

in <strong>alcohol</strong>-related harm can be made from fully enforcing existing <strong>alcohol</strong> legislation.<br />

Alcohol policies and licensing systems are enforced by making certain actions prosecutable<br />

<strong>of</strong>fences, or grounds for suspending or cancelling a business’s licence sell <strong>alcohol</strong>. The<br />

legislation needs also to establish procedures systems for licence removal (including right <strong>of</strong><br />

appeal), to allocate responsibility for regular monitoring, and to ensure resources are available<br />

to support this action.<br />

Licensing allows regulators to be more responsive to <strong>the</strong> situation <strong>of</strong> different kinds <strong>of</strong><br />

businesses selling <strong>alcohol</strong> and also more responsive in <strong>the</strong>ir enforcement practices (Ayres and<br />

Braithwaite 1992).<br />

Part <strong>of</strong> <strong>the</strong> job <strong>of</strong> administering, monitoring and enforcing <strong>alcohol</strong> laws is education and<br />

persuasion about what is required and <strong>the</strong> consequences <strong>of</strong> not complying. Regulators are<br />

most effective and cost-effective when enforcement is based on assumptions <strong>of</strong> cooperation<br />

and compliance, but <strong>the</strong>y can respond when necessary with an escalating set <strong>of</strong> enforcement<br />

practices and formal sanctions.<br />

Since a licence grants a right to sell <strong>alcohol</strong>, regular monitoring <strong>of</strong> outlets and <strong>the</strong> suspension<br />

or cancellation <strong>of</strong> that licence may be a more appropriate and effective strategy for enforcing<br />

standards <strong>of</strong> outlet management than prosecution. Both forms <strong>of</strong> “enforcement” are discussed<br />

below.<br />

Regular monitoring includes irregular monitoring – such as unexpected visits at peak times<br />

or closing time, and purchase attempts by under-age people assisting police or inspectors.<br />

Publicizing <strong>the</strong> results <strong>of</strong> controlled purchase operations and also <strong>of</strong> licence suspensions can<br />

increase compliance by o<strong>the</strong>r licensed businesses.<br />

74 Return to TOC

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