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LIQUOR LICENSING AND PUBLIC DISORDER: REVIEW OF LITERATURE ON THE IMPACT OF LICENSING AND OTHER CONTROLS / AUDIT OF LOCAL INITIATIVES
Controls on location of drinking
2.92 There have also been some initiatives undertaken to control the location of drinking. The international literature review noted that various parts of the world have policies which prohibit alcohol consumption in particular places. Sewel (2001) suggested that in North America this is often public places, with a recent focus on recreational locations (e.g. parks and beaches), at workplaces and in cars. The review pointed to work by Rehn et al (2001) which found that, in 1994/95, in 60% of the countries they studied, there was legislation to provide alcohol-free environments in some settings, rising to 85% in recent years.
Sporting events
2.93 Raistrick et al (1999) noted that the availability of alcohol at, or on the way to, sporting events is controlled in legislation. Sewel (2001) also highlighted recent attempts to control alcohol availability at some sporting events, but noted that research has identified difficulties with these measures, relating to the level of revenue generated for the events through the sale of alcohol. Nonetheless, there have been attempts to control alcohol consumption at sporting events, and the study concludes that:
"there is as yet no controlled evaluation of the effects of restrictions on alcohol-involved events at public locations, or on the impact on the subsequent drinking and driving by participants".
Drinking outwith licensed premises
2.94 Raistrick et al (1999) noted that drinking in public has been the focus of considerable attention in recent years. Internationally, an Australian study (Tuncks, 1999) was identified which examined the use of dry areas to control consumption / possession of alcohol in public places. The study found that, in one area which had become a "drinking place", this had now stopped and it had become used as a tourist area. There had also been a decrease in assaults and other offences in city streets. In another area, the number of people who were apprehended for public drunkenness had dropped.
2.95 In the US, Hoffman (1998) reported that a ban in alcohol consumption in Washington DC parks on the 4 th of July 1997 had been termed a success, with both police and park officials claiming a reduction in "serious incidents, arrests and trash". Serious assaults during the 1996 and 1997 celebrations dropped from 11 to 0, arrests from 40 to 7, and the clean up time was halved.
2.96 In the UK, some local authorities have byelaws which prohibit drinking in public places, again regulating the consumption of alcohol and the number of locations with such byelaws has grown steadily.
2.97 In "Keeping the Peace" (St. John-Brookes, 1998) the use of byelaws was considered in detail. The report noted that, in 1988, 7 English local authorities undertook a two year experiment to explore the effectiveness of a byelaw, which made it an offence to drink alcohol in designated areas after receiving a police warning. An evaluation of the experience in Coventry suggested that the use of such measures should be extended. Ramsay (1989) explored perceptions in Coventry city centre prior to the introduction of the experimental byelaw which made it illegal to consume alcohol in public except on licensed premises. The research suggested that the byelaw may assist in addressing fear of crime in the area, and a follow up study (Ramsay, 1990) found that, although police statistics suggested that assaults, robberies / thefts from the person and criminal damage seemed to be unaffected by the byelaw, there was:
"a modest but undeniable reduction in fear… likewise there was a drop in incivilities - specifically in insults by strangers".
2.98 There was also a drop in the proportion of people who saw unruly groups of young people, and people drinking in public, as common problems. The study found that enforcement was not particularly taxing for police officers, and concluded that:
"the reduction in drink-related insulting by strangers does suggest that the general atmosphere in central Coventry had changed for the better. The byelaw could well have contributed to this improvement".
2.99 Police officers also endorsed the byelaw and almost two thirds of those interviewed stated that it had had a positive effect on the general level of disorder, if not "crime proper". The police also noted that they would have found additional powers beneficial, such as seizure and arrest. It was also suggested that:
"A more widely popular innovation in social control would be hard to imagine".
2.100 Positive results were also suggested in Glasgow, with the Portman Group report (St. John-Brookes, 1998) noting that the "Spotlight" initiative (launched by Strathclyde Police in 1996) involved (as part of its work) the enforcement of a byelaw prohibiting public consumption of alcohol in the city. It was suggested that previous problems which had been prevalent in one area had almost gone, and there was seen to have been a general reduction in disorderly behaviour. The same report also gave the example of the use of a byelaw in Argyll and Bute to prohibit drinking in designated areas and to reduce the level of alcohol-related disorder at the Cowal Highland Gathering.
2.101 In addition, Ramsay (1989) suggested that initiatives which involved the prevention of drinking in the street were generally considered successful in reducing the fear of alcohol-related crime and disorder. It has also been noted, however, that this depends on effective law enforcement and may cause problems for other areas, by moving the location of problems. This issue was raised in The Portman Group study (St. John-Brookes, 1998), where it was also noted that the operation of the byelaw was enhanced where it was part of wider work to tackle alcohol-related disorder. Raistrick et al (1999) reported, however, that:
"local authorities and the police seem satisfied with the experience so far, as reflected in the rapid take-up rate".
Drink Driving
2.102 The final issue which should be considered amongst initiatives aimed at law enforcement or targeted work is the consumption of alcohol by drivers, which, as Raistrick et al (1999) noted, is regulated by Road Traffic Acts.
2.103 Drink driving has been the focus of a number of specific initiatives in the UK and elsewhere. The international literature review noted a number of types of initiative which have been used in attempts to tackle drink driving, suggesting that this has been a key area in which controls have been developed and implemented.
2.104 In the USA, legislation and enforcement have been used in a number of ways to try to reduce drink driving, with, for example:
- An overall reduction in permissible blood alcohol levels
- Lower blood alcohol levels for young people and for people with previous convictions for drunk driving
- Random breath testing
- The use of specific sanctions such as ignition interlock devices and mandatory license suspension
2.105 The cost-effectiveness study identified that the actions taken have been generally successful. Edwards et al (1994) also suggested that drink driving measures can be effective where these are enforced vigorously and where there is a high public profile for these measures.
Reducing Permissible Blood Alcohol Level
2.106 The international literature review pointed out that the EU has adopted a programme of priority measures for road safety, including a recommendation to ratify blood alcohol limits of 0.5% or less. The report suggests that, while many European countries are in line with this (e.g. Austria, Belgium, Denmark, Finland, France, Germany, Greece, Netherlands, Portugal and Spain), the UK limit is higher at 0.8%. Sewel (2001) points out that many countries have reduced their limits in the past five years. Some countries have lower limits for young drivers or professional drivers.
2.107 The cost-effectiveness study noted that evidence from the US suggests that reducing the permitted blood alcohol level for driving to that of the UK for all drivers has been found to be effective in reducing the number of crashes and the number of fatalities.
2.108 For young drivers, there has been a 20% decline in crashes likely to involve alcohol. One study reported in the cost-effectiveness report suggested that the effect may increase as the level of alcohol which is permitted is reduced. In one US state, evidence suggested a positive effect of the introduction of a lower level of permitted alcohol for drivers who have a previous drink driving conviction.
Random breath testing / checks
2.109 The international literature review pointed to some evidence of an increase in recent years in the number of countries having random breath testing, and in the frequency of use of this method.
2.110 The cost-effectiveness study suggested that the best evidence of effectiveness in relation to enforcement of legislation is that which relates to random breath testing, with evidence from both the USA and Australia of the effectiveness of this. For example, it was noted that:
"all studies except one showed reductions in fatalities, injuries and crashes and the exception could also be reanalysed to show a decrease."
2.111 US evidence relating to a "community sobriety checkpoint" (identified by Miller et al, 1998, and reported in the cost-effectiveness study) was also reported to have benefits which exceeded the costs. The international literature review further noted that:
"studies have repeatedly concluded that if there is a high likelihood that a drinking driver will be caught and that if caught the punishment is severe and quickly applied, then the drinker is more likely to avoid drink driving.
Mandatory License Suspension and Ignition Interlock
2.112 The international literature review noted that some countries have implemented mandatory and immediate license suspension.
2.113 The cost-effectiveness study suggested that the evidence relating to the effectiveness of mandatory license suspension (where this is immediate upon failing a test) is mixed (McArthur and Kraus, 1999), but it has reduced crashes and fatalities in some (although not all) of the states studied. The international literature review also noted evidence of a general deterrent effect.
2.114 It has been suggested, however (Sewel, 2001), that studies have shown low levels of compliance with some sanctions (for example where suspended drivers continue to drive). Nevertheless, some studies have concluded that sanctions combined with treatment can be useful in addressing issues relating to some "hardcore" drinking drivers.
2.115 It is also suggested (Cobin and Larkin, 1999) that findings indicate that ignition interlock devices can be effective in preventing drivers re-offending. With these devices, a driver must provide a sample of breath before starting the engine, and if that sample indicates a level of alcohol above that which is permissible, the ignition is locked and the vehicle immobilised. The international literature review noted that there are again compliance issues around the measure, with, for example, drivers continuing to drive in other people's vehicles. Again, however, it has been suggested in some studies that these measures, combined with others, have the potential for a longer term effect. The cost-effectiveness study suggested that these measures may not translate directly to the Scottish situation.
Other work
2.116 Finally, it should be noted here that legislative changes to address these issues often overlap (as in other aspects of tackling alcohol problems) with preventive work and provision of services. Other forms of work in this area include, for example, the development of designated driver schemes. Such schemes generally involve encouraging groups in participating restaurants and bars to identify one member of the group to be the non-drinking designated driver. The establishment then provides the designated driver with complementary non-alcoholic drinks. There is, however, currently little evaluative evidence relating to these schemes. Additionally, other work includes campaigns and awareness-raising, and referral to alcohol education programmes, as well as counselling for drink driving offenders.
Alcohol as a defence
2.117 Finally, in this category, it has been noted that some defendants use alcohol as a means of "excusing" violent behaviour. Pernanen (1998) noted the importance of recognising that drunkenness should not excuse crime and disorder, and should not lead to a milder sentence. It is suggested that:
"publicizing the fact that drunkenness is an extenuating circumstance only under rare circumstances, if at all, may prevent some alcohol-related violence".
INITIATIVES RELATING TO THE ENVIRONMENT / CONTEXT OF ALCOHOL CONSUMPTION
2.118 In the third overall category, it has been suggested that changes to the physical environment in which alcohol is consumed can have a specific impact upon crime and disorder. In a submission to the SACAM expert seminar 22, Dr Betsy Thom suggested that:
"anti-social behaviour and offending (especially related to alcohol and aggression) may be exacerbated in particular drinking environments (e.g. noisy, overcrowded, poor/aggressive door and server approaches, availability of cheap / free drinks, tolerance of intoxication / aggression").
2.119 The Home Office (Deehan, 1999) also suggested that research has shown that the following contribute to alcohol-related aggression:
- Overcrowding
- Poor bar layout / inconvenient access
- A permissive environment which fails to tackle anti-social behaviour
- Bar workers who fail to practice responsible serving
- Inappropriate promotions that encourage heavy / binge drinking
2.120 Martin (2001) noted that research suggests that bars with a reputation for violence are more likely to experience this, as are those which are unclean, poorly ventilated, dimly lit and patronised mostly by groups of males. It has also been identified that violence is more likely where there is unrestricted swearing, sexual activity, drug use / dealing and crowding. It has also been found to be more likely where there are low staff to patron ratios and a lack of sensible serving practices.
2.121 There has been an increase in the development of initiatives to address alcohol-related crime and disorder through schemes which address the management of the drinking environment and the physical environment itself. The international literature review, for example, noted that:
"international experience demonstrates that recent attempts to prevent and reduce the harm associated with excessive alcohol consumption have shifted focus from the individual to the setting in which drinking takes place".
Managing the Environment
2.122 Initiatives to address the management of the environment have often focused on the provision of training to those who are involved in the sale of alcohol or the management of outlets.
Server training
2.123 Raistrick et al (1999) suggested that there was "considerable variation" in the quality of management and supervision of outlets. The Home Office (2000) noted that there is evidence that aggression is associated with bars where:
"the staff have little or no control, where they do not engage in responsible serving practices, where they allow a permissive environment (drug use, swearing, sexual activity) large crowds and high volume noise levels.
2.124 The perceived need for training for those involved in the sale of alcohol was stressed in the evidence for the Plan for Action, and has focused particularly on training for licensees, serving staff and door stewards. It has been suggested that well-trained staff can have a positive impact on discouraging excessive drinking and that only those who have received training should be granted licenses. The evidence report for the Plan for Action suggested that training might include issues such as:
- Server interventions
- Serving those intoxicated
- Proof of age
- Legal responsibilities
- Management of violence
- Environmental issues
- Effects of alcohol
- Harm caused by alcohol
2.125 The Portman Group report "Keeping the Peace" (St. John-Brookes, 1998) suggested that:
"training is the best way of equipping licensees and their staff to anticipate, prevent and, if necessary, deal with alcohol-related violence".
2.126 The international literature review noted that responsible beverage server programmes have been popular in the US and Australia, and in Europe (particularly in the Netherlands). Server interventions are identified as having a direct role in addressing crime and disorder, with four purposes identified (Sewel, 2001) as being to reduce:
- Intoxication in on-site alcohol outlets
- Alcohol sales to minors
- Intoxicated driving
- Alcohol related injury and violence
2.127 A study by Holder and Wagenaar (1994) found that server training can reduce alcohol problems, especially under age drinking. The cost-effectiveness study identified work from the USA which pointed to benefits of a server training programme exceeding its costs. Buka and Birdthistle (1999) also identified positive results with trained servers.
2.128 The international literature review suggested that such programmes can be effective, for example, in reducing the harmful consequences of drink driving. Holder and Wagenaar (1994) evaluated a state-wide mandated training for servers in Oregon, and found statistically significant reductions in single vehicle night time crashes (those with a high percentage of alcohol involvement). Holder and Wagenaar also cited a range of studies which suggested that server training, along with changes in policies, can lower the risk of alcohol-related harm.
2.129 Hauritz et al (1998) suggested that server programmes are valuable if combined with enforcement, but there need to be other measures as well. Simons-Morton and Cummings (1997) found that a training course for servers led to "significant improvements" in participants' perceptions of their role in preventing drunk driving. Stockwell (2001) suggested that server interventions works well when there is strong back up from management, but pointed out that this is not always the case, and suggested that:
"disincentives to serve alcohol to drunk and under age customers can be created which are more effective than exhorting staff and managers to serve alcohol responsibly".
2.130 Stockwell pointed to the need for a law enforcement approach, with penalties for licensees breaking the law, rather than relying upon server training alone. Other studies have also suggested that there is a need for a long term, continuing programme of enforcement and compliance with the requirements, with the effectiveness, for example, of mandatory programmes dependent on the enforcement of these and continuing compliance.
Server liability
2.131 Alongside server training, some have also suggested the introduction of "server liability" where those providing alcohol are held responsible for the consequences of inappropriate practices. This has been common in the US and Canada, where it has included specific statute law (which aids claims under negligence provisions) and has been applied to bar owners, employers, producers and hosts. Several countries were also identified in the international literature review in which there are sanctions or penalties for those who serve alcohol in an irresponsible way.
2.132 The written consultation noted that it had been suggested that these measures could be developed in Scotland, accompanied by guidelines and penalties, and stricter monitoring. Ireland (1995) suggested that, in the US and Canada, damages awarded to those suffering injury / damage have been considerable. He concluded that:
"the stimulus of liability under Dram Shop legislation or extended common law negligence has been a very powerful engine for change in North America and has driven introduction of training programs such as alcohol serving and management programs".
Door registration schemes
2.133 It is also argued that door staff can prevent aggressive behaviour or can minimise the impact of this through the actions they take (and that they can increase this through inappropriate responses). St. John-Brookes (1998) noted that the first door staff registration schemes in England and Wales were in the early 1980s, increasing in the 1990s. Although the report noted that Scottish law does not allow registration schemes, there is scope to impose a condition of staff training on granting regular extensions to licensing hours.
2.134 Glasgow City Council was cited as an example of an authority which, in 1994, provided Guidelines for the Management and Control of Licensed Premises which recommended that those in premises providing entertainment should receive training. Marsh and Fox Kibby (1992) found that door staff could have a central role in reducing violence (supported in evidence by Wells et al, 1998). St John-Brookes (1998), however, called for a national scheme of registration for door staff.
Self-regulation
2.135 In addition to formal regulations affecting staff, Raistrick et al (1999) also noted that less formal controls, such as the licensed trade's own rules and regulations, can also have an impact and that:
"taken together, these self-regulatory activities have the potential to reinforce the effectiveness of legal regulation to a considerable extent by promoting a consistent approach to availability at the local level, and by improving the enforcement of existing laws".
2.136 Generally, the international literature review concluded that:
"research indicates that achieving effective responsible alcohol service requires:
- the public be made aware of the issue;
- intense enforcement of alcohol control laws;
- strong policies on and commitments to responsible beverage services on the part of owners and managers;
- training programs for servers".
It is suggested in the literature that server initiatives tend to be most effective when used to enforce legislative provision, rather than as stand-alone measures.
Point of sale information / health warnings
2.137 The development of educational point of sale information and unit labelling have been suggested as a further means of addressing alcohol problems. The evidence for the Plan for Action identified some views suggesting that health warnings should be printed on alcohol containers (with the suggestion that this could be extended to other forms of advertising material). It was also suggested that compulsory notices could be displayed in licensed premises about health dangers.
2.138 The international literature review suggested that many US states require or promote signage at the point of purchase, with research demonstrating that these reach most customers, although there is a lack of systematic research relating to their effectiveness as a preventive measure.
2.139 The review also noted that a number of countries (outwith Europe) have "mandated health warning labels on alcohol containers". These include, for example, Brazil, Columbia, Costa Rica, Ecuador, Honduras, Mexico, South Korea, the US and Zimbabwe. The review suggested, however, that these measures alone are unlikely to have a "significant impact" on drinking behaviour and, while they may raise awareness, there is no consensus in the research of their effects.
The Physical Environment
2.140 In addition to the management of the environment, it has also been suggested that the actual physical environment (i.e. the context in which drinking takes place) can have an impact upon alcohol consumption and its perceived consequences. St. John-Brookes (1998) suggested that:
"good design of licensed premises can make a significant contribution to reducing the likelihood of disorder or criminal activities".
A number of ways of addressing the physical environment have been suggested (and, in some cases, tried).
Attractive outlets
2.141 A number of specific suggestions have been made about the need for development of outlets which are generally more attractive, and Graham et al (1980) for example, found that there was a significant correlation between aggression and premises which were poorly maintained.
2.142 A review of alcohol and crime carried out by Deehan 23 for the Home Office found that attractive and well-maintained licensed premises had fewer violent incidents. Suggestions to make premises more attractive have included, for example, the encouragement of food consumption within licensed premises, and the development of more "family friendly" environments. Deehan (1999) suggested that serving food was associated with fewer incidents of aggression (Graham et al, 1980).
2.143 St. John-Brookes (1998) provided an example of changing the appearance of a pub, citing the "Pear Tree" in Greater Manchester which had a history of violence and eventually closed. After a total redesign, it reopened as a "model of a community local".
Layout
2.144 Research has identified specific issues relating to the layout of licensed premises, and Pernanen (1991) found that lack of seating and inaccessible bars can affect movement and can contribute to aggressive behaviour. Crowding has also been identified as affecting this. In addition to developing generally attractive premises with trained and capable staff, avoiding promotions and inappropriate sales, staggering closing times and serving food, Deehan (1999) suggested that the following elements of good practice relating to layout were identified in research as means which may lessen public order problems on licensed premises:
- Raised bar area, good seating
- Good ventilation and control of numbers
- Expectation of socially acceptable behaviour
2.145 The Portman Group report (St. John-Brookes, 1998) discussed these issues in more detail, suggesting the need to consider the following:
- Frustration, which can arise through insufficient serving areas, poor layout, uncomfortable sound, heating, lighting and machines being sited in appropriate places
- Layout, with "contagion" of aggression. A need for open plan space divided off in order to separate customers, but which allows monitoring, is suggested
- Flow patterns, with a need for customers to be able to move around with minimum physical contact with others, reducing the opportunity for spillage, jostling and conflict
- Siting and design of the bar, with a need for staff to have control of their own space, entrances and exits and to have clear sight to the toilets. The report notes that a raised bar can make the environment safer by making it easier to see customers
- Lighting, with a need to avoid extremes
All of these considerations, it is suggested, can have an impact on the premises' experiences of disorder.
Promotion of alcohol
2.146 The ways in which licensed premises promote alcohol consumption has also been raised as an area of concern. Many respondents to the written consultation suggested that "happy hours", drinking games and other similar marketing strategies were inappropriate .
2.147 The Portman Group report (St. John-Brookes, 1998) suggested that:
"the practice of serving alcohol at discounted prices for a limited amount of time can encourage immoderate consumption of alcohol and lead to public order problems if not employed with caution".
The evidence for the Plan for Action also identified a concern with these issues, which, it was suggested, can encourage heavy drinking and binge drinking. This concern received support in the finding by Homel and Clarke (1994) that promotions could increase consumption of alcohol and aggression.
2.148 Concern over the inappropriate promotion of alcohol has led to the suggestion of the need for controls on any "promotional binge drinking" and upon these means of selling alcohol. This issue has also been raised in England and Wales, where the All-Party Group on Alcohol Misuse suggested that promotions should be taken into account when considering renewals of licenses.
Materials
2.149 The evidence report for the Plan for Action noted some suggestions relating to the control of the materials used for drinking alcohol, including that toughened glass should be used. Research has shown that beer glasses are a commonly used weapon in assaults, making them on occasion a cause of permanent disfigurement (e.g., Shepherd et al, 1990).
2.150 The Home Office Action Plan (2000) noted that toughened glasses are six times more resistant to impact and that, when they shatter, it is into blunt, rather than sharp pieces. Deehan (1999) noted that evidence suggests that the mandatory use of toughened glass would lessen the likelihood of severe facial injuries. St. John-Brookes (1998) noted that work in Torbay in 1993, where toughened glass was a requirement for premises with public entertainment licenses or special hours certificates, suggested that the number of glassing attacks had dropped.
2.151 It has also been suggested that there should be restrictions on bottle purchase in licensed premises. Raistrick et al (1999) noted that some local authorities in England were considering the development of byelaws relating to the drinking environment, such as banning drinking from bottles in pubs and nightclubs. It was also suggested in the written consultation exercise that litter laws could be strengthened to increase the penalty for broken glass hazards.
2.152 St. John-Brookes (1998) suggested that:
"whatever policies are implemented with regard to use of toughened glass and sale of bottled drinks, licensees can substantially reduce the risk of glassing attacks on their premises by ensuring that empty bottles and glasses are regularly collected".
Other measures
2.153 Finally, although not relating directly to control of the environment, it is also important to note that work has also been undertaken to develop the provision of late night transport in some areas (for example, assisted taxi booking, late buses etc.).
OVERVIEW
2.154 All of the work which has been outlined in this literature review is relevant to the debate about the regulation and control of alcohol in Scotland. The implications of these findings are discussed briefly in the final chapter of the report.
2.155 The following chapter presents the findings of the survey of initiatives of these types which are currently taking place (or have recently taken place) in Scotland, along with participants' perceptions of their effectiveness.
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