Addressing the harmful use of alcohol - WHO Western Pacific Region

7. Monitoring and enforcement
Issues to consider
The importance of regular monitoring
The enforcement actions above depend on effective monitoring at the local level. The priority
given by police to monitoring and enforcing licensing laws on local premises depends on
resources, but also on full recognition of the contribution that alcohol makes to police work.
Most legislation establishing a licensing system also provides for monitoring and enforcement
by licensing inspectors, employed by the Justice Department or by local governments
(whichever the Act makes responsible for administering licensing). Licensing inspectors report
on licence applications and renewals, monitor all licensed premises and initiate enforcement,
as do police.
Under New Zealand legislation, public health officers also monitor and report on on-licensed
premises, alongside police and local government inspectors. They have raised the profile of
host responsibility practices, such as provision of food and non-alcoholic drinks, transport
options, safe entertainment and responsible promotions by on-licensed premises.
Effective regular monitoring includes irregular unexpected monitoring, at peak times and
closing times. It can also include controlled purchase operations to monitor practices to
prevent sales to minors.
As well as setting out the functions and powers of the Licensing Authority, legislation
should describe the statutory roles of those who will carry out administration, investigation,
reporting and enforcement roles under the Act and provide for any particular powers that
may be necessary, such as right of entry, investigation and power to seize in evidence. In
many jurisdictions, the police or a Minister of government has the power to summarily close
premises temporarily in the case of riot or other serious public disorder.
Prosecutable offences
Legislation on the sale of alcohol typically makes it a prosecutable offence:
• To sell alcohol to the public without a licence;
• To allow premises to be used as a place of public drinking without a licence;
• To sell alcohol outside permitted hours and days of trading;
• To sell or supply alcohol to a minor; and
• To sell alcohol to an already intoxicated person.
The first three offences above attract very heavy fines, as these restrictions on selling alcohol
underpin the licensing system. Fines for sale to minors or intoxicated patrons may vary
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