Addressing the harmful use of alcohol - WHO Western Pacific Region

7. Monitoring and enforcement
concerned, although this may not be possible for appeals that go to a high court. Where no
objections are received and no problems are anticipated or experienced, routine decisionmaking
may proceed on the basis of applications and reports from statutory officers.
Table 7.6 : Suggested legislative text
Appeals
1) Where the Licensing Authority:
a) declines a licence application on grounds of the suitability of the applicant;
b) declines an application for renewal of the licence;
c) makes an order cancelling the licence
the applicant or licensee may appeal for a review of that decision to (an Appeals Tribunal or
the High Court) in writing within 10 working days of receiving the decision of the Authority.
2) The decision or order of the Authority continues in force unless and until overturned by the
decision of the appeal body.
Monitoring the operation of an alcohol control Act
Differences in local circumstances, cultures and regulatory frameworks will mean that similar
legislation and even similar options for implementation will play out differently in different
countries. A licensing system, which may involve regulatory responsibilities by several
agencies or at both local and national level as well different types of licensed business is likely
to require a “bedding in” period after which it is appropriate to review how well the system is
operating and what changes or adjustments can be made to improve its operation.
It may be appropriate for the national alcohol policy underlying the legislation to include a
requirement or expectation of an operational and legislative review after five years. Some
jurisdictions also include a requirement in the legislation itself that the Act be reviewed after
a set period of time.
Depending on design, the law may allow minor changes, as licence application requirements,
fees or fines, through regulations. Some changes will be merely operational. Others will
require legislative amendment.
The alcohol market is a changing one, with new products, new kinds of businesses emerging
and new policy proposals in response. In countries with well-established licensing systems,
some aspects of alcohol legislative are amended about once every ten years. This review
may come as the result of political pressures or it can be part of on-going formal process of
periodic policy review.
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