Addressing the harmful use of alcohol - WHO Western Pacific Region

Addressing the harmful use of alcohol : A guide to developing effective alcohol legislation
Using the licence as a means of enforcement is made more effective by granting licences for
a fixed but renewable term, as in Australia and New Zealand. This ensures that the operation
of the premises or retail outlet will be monitored and reported on by local regulators (at least)
at the end of each period. There is no right or assumption of renewal. The renewal process
provides for reporting by police and inspectors and objections from the public. In addition,
local regulators may also apply for a variation, suspension or cancellation of the licence at any
point during the term of the licence.
Licensing legislation should state who may apply to the licensing authority for variation,
suspension or cancellation of the licence (police, inspectors, health officers). Specific criteria
could be included but, as suggested above, it is better practice to focus on relationships and
powers and allow the licensing authority to judge evidence presented and the appropriate
response. Often the problem is not one or two sales to minors or a court conviction but a
series of repeated infringements, poor practices and problems associated with the premises
that do not improve despite advice and warnings. The principle is that the licensee has overall
responsibility for the operation of the premises, including any infringements by staff in his
employment.
Allowing flexibility of decision-making about licence variation, suspension or cancellation
provides a hierarchy of available sanctions. Some legislation, such as that of New South
Wales, spells out a list of actions that the licensing authority may choose to take, or not. A few
problems may be resolved by making some physical change to the premises as a condition of
the licence, or by cutting back hours of trading (in systems where this is set on the licence).
Suspension of the licence over a busy weekend can be sufficient sanction in that it may cost a
business more than the maximum court fine. Cancellation of the licence removes the poorest
operators from the market and encourages compliance by others.
It is important that all sanctions have immediate effect, whether or not an appeal is lodged.
Experiences in New Zealand and Scotland have shown that, if this is not the case, appeals
always will be lodged, business will continue as usual and the enforcement provisions of the
law will be rendered meaningless.
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