Addressing the harmful use of alcohol - WHO Western Pacific Region

7. Monitoring and enforcement
Table 7.3 : Suggested legislative text
For countries without a licensing system:
Sale of alcohol
1) No person may sell alcohol to the public in contravention of this Act or regulations made
under this Act.
2) Every person who contravenes (1) above commits an offence punishable on conviction by a
prison term of XX months or a fine of XX.
For countries with a licensing system:
Sale of alcohol without a licence
1) No person may sell or supply alcohol to the public without a licence.
2) No person may allow any unlicensed premises which they own, rent, manage or control to
be used as a place for the consumption of alcohol.
3) Subsection (2) does not apply to any premises in which the person resides and to a gift of
alcohol to another person by the person in the premises in which they reside.
4) Any person who contravenes subsection (1) or (2) commits and offence punishable by a fine
of X or imprisonment for up to 12 months, or both.
Keeping or using unlicensed premises
1) A person must not:
a) open, keep or use any premises for the purpose of selling liquor, or
b) permit any premises over which they have control to be opened, kept or used by
another person for the purpose of selling liquor, or
c) have the care or management of any premises opened, kept or used for the purpose of
selling liquor, or
d) assist in conducting the business of any premises opened, kept or used for the purpose
of selling liquor, unless the premises are licensed premises or are otherwise authorised
under this Act to be used for the sale or supply of liquor.
2) Any person who contravenes subsection (1) commits an offence punishable on conviction by
a fine of x or imprisonment for up to 12 months, or both.
Enforcement through licensing
In addition to prosecution, a licensing system is also a system of enforcement. The privilege
of a licence to sell alcohol is granted only to suitable persons (following a check by police) and
can be suspended or removed. Grounds may include evidence of infringements, management
practices, neighbourhood impacts and similar matters that reflect on the person’s suitability
to hold a licence. Evidence of sales to minors should be considered strong grounds for
suspension or loss of the licence.
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