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CHAPTER 4 Selling of Alcohol through Off-Licences

4.1 Background to selling off-sales alcohol in the community

The UK drinks market is set to have a value of $65.9 billion by 2008; a growth of 9% since 2003. In 2003, the alcoholic drinks segmentation showed that beers, ciders and FAB's (flavoured alcoholic beverages) accounted for 59.0% of the market, Spirits = 24.6% and Wine 16.4%. With Britain's drinking habits changing dramatically over the last ten years with not only alcohol sales increasing, but the type of alcohol being purchased changing too. Wine is becoming more popular as it is perceived as healthier than beers and spirits (Datamonitor, 2004).

Consumer spending on alcoholic beverages in the off-sales sector has seen strong growth over the last five years (2000-2005) however this is attributed to increases in duty and consumers developing more discerning palates hence trading upmarket and drinking more wine. It is not clear if part of this growth is due to a higher level of consumption (Verdict, 2006).

The Drinks Pocket Book details the number of shops and turnover in Scotland is as follows ( NTC, 2005):

The following data from Verdict's report on Grocery Retailers 2006 (Datamonitor, 2005) shows the allocation of space supermarkets devote to different types of alcohol. This gives an overview of their individual markets.

Table 3: Allocation of Space to Different Types of Alcohol

Information provided by the Scottish Grocers Federation ( SGF) details that 70% of a modern convenience store's turnover comes from age related products, with licensed products accounting for 30% of turnover. Supermarkets account for 80% of the total grocery market and direct alcohol promotions at their 'car-borne' customers. Small, community stores address the convenience aspect of purchasing hence sales volumes are much lower ( SGF 2005).

A study by The Office of National Statistics ( ONS) surveyed 3,528 adults (over 16yrs) and showed 70% of people were most likely to have bought alcohol in the last year from a supermarket with (28%) from an off-licence (a fall over the survey period), with men far more likely to purchase from an off-licence (8% compared with 4%). Very few (5%) had purchased alcohol from somewhere other than a retail outlet. ( ONS, 2004).

4.2 Prevalence of selling to those who are underage

There is a substantial body of evidence to suggest that off-sales selling to underage people is relatively common in many countries (see Home Office, 2005; Huckle et al, 2005; Bradshaw, 2003; Friesthler et al, 2003; Lewis et al, 1996). In particular, the Edinburgh Study of Youth Transitions and Crime found that nearly half of all respondents (3950 young people aged around 15 years) had purchased alcohol illegally from at least one or more sources in the previous year; and one third of these had obtained their alcohol from a small, licensed grocer or shop, whilst only one quarter had bought from an off-licence, and one-fifth from a supermarket (Bradshaw, 2003).

As part of an Alcohol Misuse Enforcement Campaign, police and trading standards officers found similar statistics for off- licences in test purchase operations against nearly 1000 licensed premises across the UK (Home Office, 2005). In addition the Health Education Authority survey 'Young People and Alcohol' (1997) found that this pattern is particularly true of 11 to 16 year olds, with those of age 17 years more likely to purchase the majority of their alcohol from on-sales (i.e., pubs and clubs).

Since the introduction of test purchasing, a number of pieces of evidence have shown underage people are highly likely to successfully purchase alcohol from a number of different locations ¹² (see Stockport Express Newspaper, 2003; Willner et al, 2000); and successful purchase figures were generally comparable across locations, alcohol and outlet types. Most worryingly, the age at which young people can successfully begin to purchase alcohol appears to be around 12 years of age; ¹³ and rather than apparent age of consumer, it was noted that refusals were more likely when there was another vendor present by (Willner et al, 2000).

Evidence from the US suggests they have a similar problem with underage people successfully purchasing alcohol (Fletcher et al, 2000; Wolfson et al, 1996; Forster et al, 1995). In particular, it was found: that buyers were more successful if the salespersons were male, or if the businesses were located in residential areas or malls (Forster et al, 1995), or they included older licences (i.e. age of outlet), or were not affiliated with a chain (Wolfson et al, 1996).

4.3 Prevalence of selling to those who are already intoxicated

Less evidence exists with regard to off-licences selling to those who are already intoxicated. Toomey et al (2004) used trained actors attempted to purchase alcohol while acting out signs of obvious intoxication at a census of on- and off- sale alcohol establishments in 11 communities in the U.S. The authors found that 83% of off-sales establishments sold alcohol to a pseudo-intoxicated buyer and that this was a significantly higher percentage than on- sales selling (76%).

Another U.S. study utilised similar techniques investigating the ease of which underage and intoxicated people could purchase alcohol in both on- and off- sale premises. The results showed that apparent minors were less successful in their purchase of alcohol (39% of successful attempts) than pseudo intoxicated persons (who were served alcohol in 58% of attempts). The results of the study showed that server characteristics were the prime determinant affecting the sale of alcohol. Sales were also more likely to be affected by location; both more frequently found in highly populated areas. The relationship between sale of alcohol to either underage persons, or intoxicated persons, and type of outlet was not significant (Freisthler et al 2003).

4.4 Frontloading

The concept of 'frontloading' or 'pre-loading', where individuals consume quantities of off-sales alcohol before frequenting on-sales establishments is a pattern of behaviour causing increasing concern. There is little UK evidence discussing this concept, however consensus from experts at a recent conference in Glasgow 'Play Safe in Glasgow' exploring the issues of the night time economy is Glasgow (2005) was that this was a worrying trend and one of the conference aims was to target this behaviour at off-sales premises and ensure it was addressed within licensing reform.

4.5 Potential solutions

Manufacturers and retailers take responsible selling and promotion seriously, for example, with initiatives such as 'Drinkaware' in the UK and guidelines issues by the Association of Convenience Stores ( ACS/ BRC/ WSA, 2004). The Portman Group for the UK drinks industry have worked hard over the last 30 years to address responsible selling, however there is a careful balance to be made between responsible selling and allowing retailers to maximise market opportunity. A study by Giesbrecht (2000) discusses the role of commercial interests in alcohol policies in USA and Canada and describes their powerful effect on alcohol policy. Conclusions from the study show that a series of measures should be put in place to ensure that there is a balance of interest in the development of alcohol policies. These measures include: Governments applying an evidence-based approach to funding prevention efforts, and facilitate evaluation of industry-sponsored prevention efforts; greatest attention and resources should be directed to interventions which reduce drinking-related problems; funding for prevention from alcohol industries be at 'arms-length'; alcohol industries should be encouraged to consider strategies that do not increase access to alcohol but rather reduce drinking-related risks.

Evidence suggests that potential solutions to the problems of selling to those who are underage or those who are already intoxicated can take many forms - including server training, police enforcement, media involvement, ID schemes, and automation of refusal records (see Holder, 2000; Buka and Birdthistle, 1999; Wolfson et al, 1996; Hopkinson and Humphreys, 2006). Nevertheless, it should be noted that due to the lack of research carried out on selling to intoxicated patrons in off-licences, the evidence for server training reducing selling to such customers comes from studies carried out with reference to on-sales establishments.

4.5.1 Server training

Evidence regarding the benefits of server training is mixed, and in some cases it is unclear whether studies refer to on- or off- sales, or both. Buka and Birdthistle (1999) found that a US training program in a Rhode Island town had strong positive effects on serving practices ¹⁴, and although these decreased over time, they remained higher than pre-program levels. In addressing underage drinking, research also suggests that training of off- sales assistants, and enforcement of underage alcohol sales laws, has a positive effect in terms of reduction of alcohol sales to those not of age (Holder, 2000).

When implementing service training it is important to recognise that 'one- off' courses may not be sufficient and the impetus on, for example, checking IDs, may decrease over time therefore it is important to build into such training programmes refresher sessions (Buka and Birdthistle, 1999; Wolfson et al, 1996). What has yet to be firmly established is the most effective type of training, and Grube (1997) postulates that server training may not contribute to a reduction in underage selling of alcohol in off-licences more than any other intervention (see section 4.5.2). In addition Wagenaar et al (2005) found that training for off-premise establishments had no significant effect on the likelihood of selling to underage people, although it did for on-sales establishments.

Hopkinson and Humphreys (2006) reported that current training got a mixed response from off-sales staff. Some viewed it as positive for teaching the 'rules' of what they can sell, and handling certain situations, but some were less convinced that training could help with regards to assessing age and it did not reflect the realities of the store environment. Recommendations from the study included ensuring training is less repetitive and focus is less on the content of the law and more on training and testing staff on assessing customer age, and outlining strategies to help with the process of selling age-related products. They also recommended that continued vigilance should be paid to the 'freshness' of the Think 21 ¹⁵ message and it should have maximum publicity, however, off-sales staff did view this initiative as positive.

The lack of clarity with regard to the effect of server training on the likelihood of selling to underage (and also intoxicated) people may simply be due to the fact that there is usually only one person on duty in an off-licence. In on-sales premises, consumers have to deal with a number of trained individuals (e.g. a doorman, perhaps a cloakroom attendant, a CCTV observer, staff on the floor), before they reach the area where the purchase will take place. Even at this point there is usually more than one person on duty. This cumulative amount of training versus the training of one individual could explain why the effects of training for on-sales staff are much stronger. Reinforcing this argument is the finding of a number of studies (e.g. Willner et al, 2000) that refusals at off-licences are more likely when another vendor is present.

4.5.2 Other interventions

The evidence of the contribution of other interventions in reducing irresponsible selling is slightly clearer. Grube (1997) found that increased underage enforcement activities by local police and a media advocacy campaign reduced the likelihood of selling to apparent minors. Similarly utilising various community interventions has a significant positive effect on selling to young people without age identification (Huckle et al, 2005) and direct community pressure has also been shown to elicit a marked decrease in selling of alcohol to underage people (Lewis et al, 1996).

More recently Wagenaar et al (2005) [supported by Scribner and Cohen, 2001] found that although enforcement checks may initially have a beneficial effect on decreased sales to people underage, this effect was short- lived and after only two months evidence of decreased sales was negligible. ¹⁶ Therefore suggesting that to have significant effect such checks should be conducted more frequently. Notably the authors also found some evidence that this deterrent effect did not diffuse to other establishments in the community which had not been checked, meaning that checks would have to be carried out in all establishments. ¹⁷

Worryingly, a UK- based study did not replicate the above findings of the US- based papers. Willner et al (2000) found that in fact police intervention ¹⁸did not decrease sales to underage test purchasers in two independent sites. One possible flaw to the research was that the same young people were used in the 'before' and 'after' tests which lays possibility that maturity and previous experience could make such people appear more 'expert' and confident therefore increasing the likelihood of successful alcohol purchase.

The Scottish Executive does postulate that improving the enforcement of the law through targeting specific groups/ areas to regulate the availability and consumption of alcohol will have positive effects on alcohol- related public disorder (Reid-Howie Associates, 2003). And it is recognised that the success of interventions targeted at the culture of selling alcohol (encouraging shop keepers to remain vigilant regarding proof of age, and instilling confidence to ask for such ID) should be a continuing process and follow up of community interventions is important to retain initial figures (Huckle et al, 2005; Lewis et al, 1996).

Other potential solutions include further use of a standardised proof of age card, a 'no ID, no sale' policy and asking for identification from those who appear under 21. These types of interventions were endorsed by young people interviewed for their perceptions in a recent study. They also highlighted the following as being instrumental in reducing alcohol related disorder and harm:

• The targeted policing of busy entertainment areas
• Harsher penalties for those arrested for alcohol related crimes
• Improved vetting procedures and intensive training for door staff and
• Longer opening hours. (Richardson and Budd 2003)

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