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CHAPTER 4 OFF-SALES AND LICENSING
Key Point Summary
- In general, manufacturers and retailers take responsible selling of alcohol seriously.
- The new Scottish Licensing Act is seen as a positive step by Health and Community Key Stakeholders.
- More focus must be placed upon the issues surrounding off-sales, for example, third party selling and price discounting.
Brief Overview of the Licensing (Scotland) Act 2005
4.1 The aim of the Licensing (Scotland) Act 2005 has been to modernise the current licensing regime, through the use of a set of core objectives which Licensing Boards will follow. The five objectives are:
- Preventing crime and disorder
- Securing public safety
- Preventing public nuisance
- Protecting and improving public health
- Protecting children from harm
4.2 Around the world, alcohol policy shows comparable licensing restrictions for off-sales, namely placing limits on the places where alcohol can be sold 13; limiting the hours or days of sale; and regulating the density of alcohol retailers 14 (Alcohol Policy, 2006). However, a cluster of central and eastern European countries do not share these restrictions (Austria, the Czech Republic, Germany, Luxembourg and Slovakia), together with several southern European countries (Portugal, Italy and Greece). All countries exercise access restrictions to alcohol in some way; with a minimum age of 16-20 years to buy alcohol in bars (this consistency is seen to differ for off-sales purchases). Furthermore, there are instances of targeted taxes in a number of countries - namely in response to young people's preference for certain types of drinks. France, Switzerland, Germany and Denmark have employed this intervention, with relative success (Babor, 2003).
4.3 Overall, areas where countries are relatively similar include policies concerning drink driving, licences for alcohol sales, and the existence of a minimum age at which alcohol can be purchased in bars. However, wide differences can be seen in the enforcement of the exact age at which people can buy alcohol (particularly in off-sales), limits on availability and advertising restrictions (Sewell, 2002).
Changes to the Licensing Laws
4.4 There are two main proposed changes to the licensing laws which could have direct consequence for off-sales:
- The introduction of a legal requirement for a 'no proof, no sale' policy.
- Discretion for Local Licensing Boards to refuse new licences on areas considered 'hot spots'.
4.5 Currently, the evidence is limited with regards to the effects of English Licensing changes (due to its recent implementation), and there are reported difficulties surrounding analysis of its impact due to the simultaneous introduction of the Alcohol Misuse Enforcement Campaign ( AMEC). It is, therefore, difficult to separate the effects of the Licensing Act from those of the AMEC campaign ( IAS, 2006a + b).
4.6 A review in Scotland investigating the perceptions and attitudes of the public to changes in licensing laws showed the majority of interviewees expressed that an extension to licensing laws would do nothing to change the current situation surrounding problem drinking. Alcohol was seen as a substance that is already readily available (Lancaster and Dudleston, 2002).
Regulation and Responsible Selling
4.7 In general, manufacturers and retailers take responsible selling and promotion seriously, with UK initiatives such as 'Drinkaware' and guidelines issued by the Association of Convenience Stores ( ACS/ BRC/ WSA, 2004). The industry led Portman Group has worked hard to address responsible selling over the last thirty years.
4.8 There is a careful balance to be made between responsible selling and allowing retailers to maximise market opportunity, however the retail/industry Strategic Stakeholders in this study felt that they were trying to act responsibly and took their role very seriously.
4.9 In the current climate where food outlets also have the capacity to sell alcohol, Area Key Stakeholders across the study acknowledged that younger children are now being regularly presented with visual stimuli pertaining to alcohol, as well as it now forming part of the 'weekly shop' for many families.
4.10 Of the six locations in this study, one area reported to have put a 'hold' on new off-sales licences with the general consensus being that an increase in alcohol outlets would increase levels of antisocial behaviour, litter, as well as competition between stores (by reducing prices further).
4.11 Leading from this, Strategic Key Stakeholders both within the health and community safety arenas welcomed the fact that the new Licensing Act would tackle and monitor the issue of overprovision within communities to a certain extent (as part of the 'Overprovision Assessment'), coupled with an opportunity for anyone to raise concerns with the local Licensing Board.
4.12 The Executive consultation on proposals for separate 'siting' of alcohol were viewed as problematic. The Strategic Key Stakeholders from retail/industry expressed the view that the potential issues regarding display of alcohol would be a particular problem within smaller venues with limited shelf space. Other concerns raised included the potential separation of food and alcohol, which was seen as negative. However, a large proportion of Area and Strategic Key Stakeholders and Staff felt that the issues of display were dealt with at a local level with a number of shops taking alcohol away from open shelves anyway, so in effect, self-regulating their 'siting' of alcohol.
The Impact of Licensing Law - Changes to Off-Sales
4.13 Certainly from Strategic Key Stakeholders, within both the health and community safety sectors, the new licensing laws were seen as a positive step.
4.14 All Strategic Key Stakeholders expressed concern that the new Licensing Act had underestimated the importance of the off-trade, however, licensing changes were seen as a positive move as it gave the opportunity to address public health.
4.15 In addition, there was a call by public health and community safety Strategic Key Stakeholders for partnership and increased opportunities at local level to work well with the new Licence Officers. This was seen as a real chance to get to grips with the strategic position of local authorities.
4.16 Within the community safety Strategic Stakeholders there was the recognition that a fair bit of work had already been done with on-sales within the pub and club trade to support responsible selling, which needed to happen more within off-sales.
4.17 A health representative saw a slight reduction in trading hours as a positive step and by restricting hours there was the opportunity to reflect local concerns however, it was felt that this would only be addressed regarding smaller venues and not larger retailers.
4.18 In stark contrast, the retail and industry representatives who took part felt that the change in licensing hours (reducing two hours) did not make much sense as early hours alcohol trading does not have a huge effect on purchasing.
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