« Previous | Contents | Next »
Listen
CHAPTER 2 Background
2.1 Background to study
Since 1980, alcohol-related deaths have risen from less than 1 in 100 deaths to 1 in 30 of all deaths in Scotland ( NHS National Services Scotland, 2005). In addition to rising concern about the health impacts of alcohol misuse, there are high levels of concern about the social effects of problem drinkingin terms of crime and disorder.
There is a growing perception of a link between off-sales of alcohol and antisocial behaviour. However, this perceived link needs careful examination particularly in relation to the encouragement of binge drinking and direct promotional activity that could be seen as irresponsible (Daniels, 2004).
This review has complied relevant literature from all major sources and where available has utilised UK based studies. However, at the present there is very limited UK based information, and for some sections of the report there has been a reliance on US based literature.
2.2 The Nicholson report
2.2.1 Introduction
The Nicholson committee was appointed in June 2001 to undertake an evaluation of liquor licensing in Scotland. The stated remit of the committee was to:
"review all aspects of liquor licensing law and practice in Scotland, with particular reference to the implication for health and public order; to recommend changes in public interest, and to report accordingly."
The report proposes a number of licensing principles which underlie the outcome recommendations, these include the:
- Prevention of crime and disorder
- Promotion of public safety
- Prevention of public nuisance
- Promotion of public health
- Protection of children from harm
2.2.2 Recommendations
The Nicholson report produced ninety recommendations; most pertinent to the present study were the principles relating to crime and disorder, public nuisance and off- sales. These include:
Irresponsible promotional activities - there should be a standard condition attached to all premises licences to the effect that nothing must be done in connection with the business of the premises, whether by way of promotional advertising, by way of offering discounted prices, or in any other way which encourages excessive consumption of alcohol (Rec 58).
Alcohol and the Under 18s - current prohibitions on the sale or supply of alcohol to persons under the age of 18 should be retained. The Scottish Executive should arrange for the introduction of a national proof-of-age card (Rec 60).
Police - the Licensed Premises (Exclusion of Certain Persons) Act 1980 should be amended to extend its scope to all licensed premises including in particular those which currently operate under an off-sales licence.
2.3 The Daniels report
2.3.1 Introduction
The Daniels report (Scottish Executive, 2004) was the result of raised concerns through the Nicholson report regarding the links between alcohol and crime, underage drinking and how young people obtained alcohol, and anecdotal evidence of off-licences being a focus for antisocial behaviour.
There were 17, 023 liquor licences in force in Scotland at 31 December 2004. Over a third of these were for off-sale premises. The number of off sale licences rose from 489 in 1980 to 6368 in 2000, before reducing to 6103 in 2004. The Daniels report states that: " …the increase in off-sales licences suggests that a significantly larger quantity of alcohol is now being purchased for consumption away from on-licensed premises than was formerly the case" (p.2).
Of particular relevance to the concerns about the regulation of off-sales is the information obtained by the Working Group from the SALSUS Report ( CAHRU, 2003), with regard to how young people obtain alcohol. The Daniels report notes that:
"… although it is illegal to sell alcohol to under-18s (and for under-18s to buy or attempt to buy alcohol), shops and off-licences were the most frequently reported source of alcohol for 15 year olds. 31% reported buying from shops and supermarkets and 23% reported buying from off-licences. It is worth noting, however, that 30% reported that they never buy alcohol "(Scottish Executive, 2004, p.3).
2.3.2 Recommendations
The Daniels Report highlighted several issues with specific reference to off-licences, and made recommendations with reference to these issues formed around irresponsible selling and marketing, and the wider effects of these problems. Recommendations of particular relevance are:
- Developing a Government- accredited national proof of age card
- Endorsing and promoting a No Proof No Sale initiative in Scotland
- Amendment of the Licensed Premises (Exclusion of Certain Persons) Act 1980 to allow exclusion for disorder in 'or associated with' a licensed premises
- Production of a new model byelaw on public drinking
- Possible reprioritisation by Chief Constables of the priority their forces give in responding to the problems generated by antisocial behaviour around off-sale premises
- How to address binge drinking and prevent irresponsible promotions
- Making training courses mandatory for personal licence holders and appropriate onsite training provided for all other employees with refresher training being undertaken every five years. Failure to undertake or complete refresher training should lead to licence suspension.
(Scottish Executive, 2004, pp. 30-31)
« Previous | Contents | Next »