Alcohol Policy UK

Government response to mandatory code consultation

The government's response to the consultation on the new mandatory licensing code has been published. The five conditions of the code were recently announced, including banning 'irresponsible promotions' in pubs and bars and premises being required to offer free tap water and small measures.

Although the code does not place restrictions on off-sales promotions, the consultation prompted the move to allow licensing authorities to be able call for license reviews as 'interested parties', with guidance due shortly.

The response to the consultation findings are provided in:

• Safe. Sensible. Social. Selling alcohol responsibly: government response to the consultation on the code of practice for alcohol retailers (PDF)

  This report sets out the key themes from analysis of the consultation findings and our response to them. It also sets out the next steps in the our work on the mandatory code for alcohol retailers.

• Selling alcohol responsibly: a consultation on the new code of practice for alcohol retailers - overview report (PDF)

  Highlights from the findings of a multi-strand consultation on the issue of a code of practice for alcohol retailers.

• Results from the Ipsos MORI report on selling alcohol responsibly (PDF)

  This Ipsos MORI report accompanies the Home Office response to the consultation on the code of practice for alcohol retailers.

The government's response is likely to be of interest to licensed premises, industry bodies and statutory bodies representing a range of views on the new code. Its announcement sparked criticism from the on-trade who highlighted they were being unfairly targeted as supermarkets were left untouched.

The consultation response says:

"A range of concerns were raised regarding the proposed local discretionary conditions. To address these concerns, the Home Secretary tabled a number of amendments to the Policing and Crime Bill to remove the power for licensing authorities to impose local conditions with groups of premises, instead, giving members of licensing authorities the power to act as ‘interested parties’ under the Licensing Act, as suggested by a number of key stakeholders."

The conditions will come into force in April and October 2010 pending parliamentary approval.

Mandatory licensing code announced as future alcohol policy lines emerge

The Home Secretary has announced five conditions for the new mandatory licensing code, seemingly ending speculation of it being scrapped - though the code still requires parliamentary approval.

As of the 6th April 2010, the first 3 proposed conditions are planned to come into effect:

• banning irresponsible promotions, such as ‘all you can drink for £10’ or ‘women drink free’ deals, that encourage people to drink quickly or irresponsibly
• banning ‘dentist’s chairs’ where drink is poured directly into the mouths of customers, making it impossible for them to control the amount they are drinking
• ensuring free tap water is available for customers, allowing people to space out their drinks

Premises will have further time to prepare for the remaining 2 conditions due to come in on the 1st October 2010:

• ensuring all those who sell alcohol have an age-verification policy in place, requiring them to check the ID of anyone who looks under-18
• ensuring small measures of beers, wine and spirits are made available to customers

The code has seen alcohol hitting the headlines again following the recent attention over the main political party's alcohol policies. In announcing the code, the Labour government appear to have reinforced their stance they are not currently looking to introduce minimum pricing following recent supportive comments from the health secretary.

A Guardian report commented that the government did not wish to appear to be penalising 'responsible drinkers' in an election year, but that a 'clear political auction is now developing over cheap booze'. Today the Conservatives announced the crime section of their election manifesto, promising to 'ban off-licences and supermarkets from selling alcohol below cost price' and raise tax on 'super-strength beers, ciders and alcopops'. The Tory's alcohol policy recently came under fire for proposing to scrap the current unit system.

But the mandatory code today also generated criticism, particularly from the on-trade who highlighted they were being unfairly targeted whilst supermarkets were left untouched. A 2008 consultation on the code had revealed supermarket 'loss-leading' as one of the main areas for concern. The BBPA have labelled the code 'lop-sided and unbalanced', reporting that nearly 70% of all alcohol is sold in supermarkets while the pub trade continues to suffer. Other industry representatives have described the maximum penalty of £20,000 for breach of the code as 'ludicrous'. However health experts welcomed the code, but still called for minimum pricing measures.

See here for a BBC video report and here for the Telegraph story.

Government moving towards minimum pricing? Alcohol policy set to figure highly in election build up

The Health Secretary Andy Burnham has this week indicated support for minimum pricing from the government, according to a report from the Telegraph. Burnham commented in an interview:

"We need to balance the rights of people who drink responsibly with those who buy ludicrously cheap booze and go out and harm themselves and others.

“The NHS Confederation and Royal College of Physicians expressed their views very clearly over Christmas – I can’t sit here and read reports like that and say it is all fine.

“The mood has changed and there is rising public concern – we need to respond to that and move on the debate…There is no shortage of research that shows the link with price and people drinking harmful levels of alcohol – there is no debate about that.”

The apparent shift in policy follows the recent NHS Confederation report and Health Select Committee's alcohol report (chapters here), though the Business Minister Lord Mandelson is said to be against the move. Gordon Brown had initially opposed calls for minimum pricing from the Chief Medical Officer last year, although Labour had insisted they had not ruled it out and would consider further evidence.

Minimum pricing has however been unpopular with the industry and in the public domain, though the Health Select Committee reported 'There is a myth widely propagated by parts of the drinks industry and politicians that a rise in prices would unfairly affect the majority of moderate drinkers.'

The Scottish National Party (SNP), who are currently trying to implement a minimum price, have produced an interesting interactive tool to show how a 40p minimum price would affect different drinks.

The Tories propose to ban below-cost sales and raise tax on certain drinks in addition to the controversial proposals to scrap units, also announced this week in a policy green paper .

Following the high profile of the release of the Health Select Committee's report last week, here are some of the interesting news and media responses we've come across.

Comment and investigative reports

• Mark Easton (BBC home editor) 'The myths of boozed up Britain'
• 'Save the NHS from alcohol abuse', Guardian comment
  
• The Economist 'Plastered for a pound'

Industry responses

• 'Drinks producers slam minimum price proposals'
• 'BBPA: minimum price would be ineffective'
• The Drinkware trust's response
• 'ALMR: alcohol report is welcome boost for pubs'

The nationals

• BBC 'MPs call for clampdown on alcohol misuse'
• Daily Mail 'Binge drinkers prop up alcohol industry: Sales 'would fall by 40%' if we all drank responsibly 
• The Mirror 'Alcohol policies have failed - MPs'
• The Telegraph 'Rise prices alcohol prices to save lives, MPs argue'
• The Guardian 'Report condemns government response to alcoholism and binge drinking'

Tories propose to scrap units and stop 'below-cost selling'; New licensing powers to come in, but not mandatory code

Tories propose to replace units and stop loss leading

Shadow Health Secretary Andrew Lansley has announced that the Conservatives will replace the current units system for measuring alcohol consumption. The Conservative's new green paper on public health says:

"We will change labelling in order to take account of social norms and to abolish systems of labelling that do not help consumers understand the amount of alcohol they drink. For example, rather than just printing the number of units on a bottle of beer, we will add information about the number of bottles drunk by an average person each week and the volume of alcohol contained within that bottle." (p.21)

Whilst sections of the industry welcomed the proposal to scrap units, Alcohol Concern highlighted in a BBC report that campaigns have been effective in raising awareness. They also warned against voluntary regulation, stating "Allowing the industry to regulate itself is like a chocolate teapot. You need mandatory regulation."

Perhaps more significantly, though not covered in the news, the green paper states:

"We will ban retailers from selling alcohol below cost price. (Belgium, France, Portugal and Spain have already introduced policies to do this.125) To achieve this we will work with competition regulators and retailers to find a fair formula that could be used to judge whether a product is being sold below cost."  (p.24)

This follows the recent and highly publicised report from the Health Select Committee which called for a minimum price, largely unfavoured by the public. Interesting that the minimum pricing measure and proposal to stop 'below cost selling' seem to have the same overall objective, but have received disparate levels of attention. Plans to increase taxes on certain drinks were also outlined last year by the Conservatives.

New Licensing and alcohol powers come in

Certain conditions of the Policing and Crime Act 2009 will come into effect on the 29th January 2010, namely:

• section 28 (persistent sales to children - "three strikes to two strikes")
• section 29 (confiscation of alcohol from under 18's);
• section 30 (new offence of persistently possessing alcohol in a public place by under 18's);
• section 31 (extending directions to leave to those aged 10 or over),
• section 33 (allowing licensing authorities to act as interested parties)

It was announced by the Home Office minister that guidance on the young people provisions and the licensing authorities as interested parties would be available by the end of the month. 

However there was no news on the controversial mandatory licensing code, which was legislated in the act but has been subject to ongoing rumours of it being scrapped. However according to a recent report the Home Office has said 'the Government is committed to the mandatory code and plans to deliver it remain on track'.

2009 round up: national policy, local progress and some of the year's milestones

The national

Well, there were plenty of interesting movements in 2009 for the alcohol policy field, setting up an interesting but certainly challenging year ahead. The pricing debate seemed to dominate the political policy landscape, with various health and market interests still fighting their corners. However public scepticism appears to remain the decisive factor, though the government claim not to have ruled it out, pending further research. In the meantime the Home Office have vowed to stick with the mandatory code despite recurrent rumours of it being scrapped.

Meanwhile Scotland have been demonstrating the difficulty in attempting to bring in minimum pricing measures facing political opposition and the threat of a possible breach of EU competition law. So for now, minimum pricing seems to remain a somewhat theoretical discussion as a national policy, but local areas such as Oldham have been attempting targeted local approaches through licensing review powers.

However the imminent general election will be of key significance to the future of the pricing debate. The Tories are proposing further 'targeted taxes' instead, but also promising to axe the current licensing regime, itself a hot topic. At the 2009 Labour conference the Prime Minster conceded the 2003 Licensing Act had not reduced alcohol-fuelled crime and disorder in many areas, but argued for further use of powers to address drunken troublemakers and problematic premises. This chimed with 2009 Home Office guidance for preventing alcohol-related disorder that stated "All the research indicates that crime and disorder remains stable since the introduction of the [2003 Licensing] Act but that the powers are being underused."

The Professor Nutt affair was also high profile and demonstrated the difficult distinction between advisory and campaigning roles. Nutt, who is currently developing a synthetic alcohol substitute, was sacked by the Home Secretary whilst calling for a drugs classification system that further reflected the harm of legal drugs such as alcohol and tobacco.

On the eve of 2010, centre-right think tank Policy Exchange released a press release claiming excessive drinking on New Year's Eve alone would cost the NHS up to £23 million. Highlighting the rising trend of acute alcohol-related hospital admissions, they have proposed that 'those admitted to hospital for less than 24 hours with acute alcohol intoxication should be charged the NHS tariff cost for their admission of £532. This amount would be reduced for those paying the costs of their own alcohol education and awareness course.'

However alcohol wasn't just in the national framework through politics - alcohol messages highlighting unit awareness, health and binge drinking risks adorned us from all angles. Cynics (particularly of industry funded campaigns) were outspoken, but at least the discussion was happening, even if alcohol awareness week only succeeded locally. Social marketing however was possibly the 2009 buzz-word, championing a better understanding our target audience to achieve behaviour change - expect more in 2010.

The local

Of key importance in 2009, the attention, skills and in some cases resources for alcohol at a local and regional level continued to develop rapidly. For health, the development of the the Department of Health's Alcohol Improvement Programme (AIP) and regional action kicked in, with the Alcohol Learning Centre an ever-expanding resource of guidance, tools and learning. Key 2009 alcohol documents such as 'Signs for improvement' and the most recent pathways guidance were also released to support commissioners, whilst HubCAPP has continued to showcase innovative and better evaluated local practice examples from across the country.

On the crime and disorder agenda, the Home office has continued to roll out guidance and legislation to tackle the impact of alcohol-related disorder. Of key significance: the practical guide for dealing with alcohol-related problems, the somewhat cautionary alcohol arrest referral guidance and the launch of Drinking Banning Orders (DBOs). Older measures such as Controlled Drinking Zones continued to be adopted despite protestations of excessive use, but Alcohol Disorder Zones (ADZs) remained unused as a measure to make premises pay extra when impacting on the local area.

Our new social enterprise the AERC Alcohol Academy also launched in 2009, set up to promote and support skills and learning for strategic alcohol leads. The Academy plans to focus on supporting the development of High Impact Changes and key issues for local alcohol approaches such as commissioning skills, alcohol use amongst the elderly and the largely unknown impact of cocaethylene. Equity of access to alcohol treatment & interventions, and new opportunities such as exploring new settings for brief interventions (IBA) are also key areas we will be seeking to develop.

However, with the forthcoming public sector squeeze there will be significant challenges to maintain the alcohol agenda's 2009 momentum. Those tasked with delivering alcohol policy will need to focus on demonstrating cost-savings and seize opportunities for integration into wider health and community safety agendas. But with the continuing dialogue on the impact of alcohol-related harm and an improving understanding of effective responses, the opportunities to reign in the burden of alcohol-related harm will still be there.

And a selection of some key Alcohol Policy UK reports from 2009

January - March

• Chief Medical Officer proposes alcohol-free childhood for under-15s
• Whose cider you on? - concerns over impact of white cider
  
• Chief Medical Officer calls for minimum pricing
• British teenagers amongst worst for binge drinking

April - June

• NHS healthchecks - a missed opportunity?
• Welfare reform eyes up alcoholics claiming benefits
• Welsh alcohol health profile published
• JRF report examines transferable lessons for alcohol policy
• 2009 Alcohol Statistics for England released

June - July

• Alcohol commissioning and data tools released
• Parliamentary review highlights gaps in alcohol treatment
• Alcohol Disorder Zones not being used
• AERC Alcohol Academy launch event
• 'Signs for improvement' commissioning guidance released
• BMA calls for alcohol advertising ban

August

• Areas supported to act on Alcohol Awareness week
• Home Office release 'practical guide' for addressing alcohol problems
• Group campaigns against 'controlled drinking zones'
• Panorama covers Oldham's local 'minimum pricing' approach
• 'Pubs aren't dying - they are evolving'

September

• WHO gives guidance to EU states on alcohol strategy
• Cocaethylene use rising but awareness still low
• Alcohol Concern: Supermarkets keeping shoppers in the dark
• 'Stealth' drinking risk as home consumption rises

October

• Falls in alcohol consumption but long term trend not clear
• NW Public Health Directors call together on minimum pricing
• Documentaries on alcohol including Horizon's 'Do I drink too much?'
• Tories stick to targeted taxes on high strength alcohol
• Industry to promote low-alcohol drinks

November

• Alcohol Arrest Referral Guide identifies challenges
• Scotland's minimum pricing move still battling opposition
• Oldham progresses action on irresponsible drinks promotions at supermarkets
• Internet-based interventions could be effective
• How alcohol policy works in England: a research and study analysis

December

• What awaits the white cider market as White Lightning de-listed and tax rises loom?
• Guidance on the consumption of alcohol by children and young people: A report by the Chief Medical Officer
• WHO release draft global alcohol strategy
• First Drinking banning Order issued

Mandatory code 'still on track' as January alcohol sales approach

According to the Morning Advertiser, pub giant JD Wetherspoon will be running a 'January sale', with the 99p pint deal reportedly extended to glasses of wine and shots of gin. Interstingly the Advertiser also reports the Home Office have recently said that 'the Government is committed to the mandatory code and plans to deliver it remain on track'. The assurances follow a number of reports that the mandatory code would be scrapped, including most recently in The Observer.

However it is the off-trade retailers recieving the most attention, with recent  'alcohol cheaper than water' press stories, such as this one in The Times. The coverage follows research into supermarket prices and calls from Alcohol Concern that supermarket discounting is undermining attempts to curb binge drinking. The House of Commons Health Committe are set to join the Cheif Medical Officer (CMO) and other health groups in calling for minimum pricing measures next year. However public opinion and industry groups continue to oppose or question such measures, a recent survey reports most people claim they wouldn't change their drinking habits if prices were rasied (full report here).

First Drinking Banning Order issued

The first Drinking Banning Order (DBO) was issued this month, banning a persistent troublemaker from entering licensed premises and off licenses in his home town.

The individual had been previously excluded from bars and pubs through the local Pubwatch scheme, but continued to enter premises and harass and intimidate staff, according to this press release and local press story. He has now been given a maximum 2 year DBO which, if breached, could result in a fine of up to £2,500. The length of the order may be reduced if an optional 'positive behaviour intervention' course is completed.

DBOs were introduced earlier this year as a measure to prevent known individuals who are causing alcohol-related disorder from entering specified licensed premises. They have been nicknamed 'drink ASBOs', though the Home Office points out they are intended as 'more of a short, sharp shock than ASBOs' and can not result in a custodial sentence. DBOs are currently only available on application to a local magistrates court - their effectiveness is being monitored by the Home Office who may then allow them to be more widely available as a post-conviction order.

See here for guidance on DBOs on application from the Home Office.

Alcohol Academy regional seminar presentations available on key topics

The AERC Alcohol Academy delivered a workshop and seminar event for alcohol leads in the Yorkshire & Humber region on the 11th November, covering a range of topics pertinent to local alcohol strategy.

Presentations on the day included:

1. 'Key issues and developments in local alcohol harm reduction (health)'

James Morris, Programme Lead, AERC Alcohol Academy Download here (pdf)

2. 'Higher risk drinkers social marketing programme'

Nick Tancock, Department of Health Download here (pdf)

3. 'Alcohol policy: orientation and integration in addressing alcohol-related crime and disorder'

Dr Phil Hadfield, Centre for Criminal Justice Studies Download here (pdf) or access the full report here

4. 'Alcohol Arrest Referral and the lessons being learnt from the Leeds programme'

Keith Lawrance, Alcohol and Violent Crime Delivery Manager; Safer Leeds Partnership Download here (pdf)

5. 'Alcohol and Children and Young People: national and local policy implications'

Michela Morleo, Alcohol Research Manager, Liverpool John Moores University  Download here (pdf)

Earlier this year the Academy delivered an event in London covering topics including: alcohol harms and trends, alcohol and older people, partnership delivery and strengthening the research and evidence base. The Academy will be delivering further seminars across the regions for alcohol coordinators and leads as well as delivering training and skills development for practitioners. For further details on the Academy see here or contact james@alcoholacademy.net.

Oldham progresses action on irresponsible drinks promotions at supermarkets

Oldham council is now focusing attention on the off-trade in its bold approach to addressing cheap drinks promotions. Following the reported success of measures to prevent bars and clubs from selling alcohol through 'irresponsible' promotions, Oldham's Trading Standards have recently sent 15 supermarkets this written proposal on measures to adopt should they wish to sell alcohol below 50 pence per unit.

The proposal suggests supermarkets wishing to sell discounted alcohol (below 50p per unit) should set up 'designated alcohol sales zones' - discounted alcohol promotions would not be allowed to be displayed elsewhere on the shop floor. The identified zones would also be supervised cordoned-off areas and should include social responsibility messages on display.

Earlier this year Oldham council received significant media attention and a BBC Panorama feature report after using licensing reviews to take action on premises selling alcohol below 75 pence per unit. Oldham council reviewed the licenses of 22 bars and clubs in Oldham town centre where alcohol-related crime and disorder was reported to have increased dramatically. Premises who wished to sell alcohol below 75 pence per unit were required to adopt a number of measures - such as regulated queues and a 2 drink per round limit - or risk losing their license.

It is not yet known how the supermarkets are likely to respond to the proposals. Recently it was confirmed a mandatory code for responsible retailing has become statute, though the conditions are not set and will not prevent heavy discounting by the off-trade. However the Conservative party have pledged to target taxes at 'cheap drinks that fuel anti-social behaviour', after Cameron hit out at the “unbelievably low prices of some alcohol” and "loss-leading" by supermarkets.

Mandatory code goes through but terms not yet set

The much debated mandatory code of practice for alcohol retailers was passed through law this week as the Policing and Crime Act 2009 received Royal Assent. The future of the code had recently looked uncertain against reported industry, economic and political pressures.

But although the code has been legislated, its terms have not been set so are still to be agreed. When out for consultation, the code proposed a range of measures to stop irresponsible alcohol retailing such as 'buy one get one free' deals and requirements for point of sale information.

The Home Office are now reported to be considering the consultation responses and 'strong concerns from the licensed trade who are concerned about responsible premises being caught up with the less responsible ones' before deciding the code's conditions (see Times article here).

In a Home Office press release, Home Secretary Alan Johnson said:

"The public are at the heart of everything we do and they are our best weapon in fighting crime. The Policing and Crime Act gives police and local authorities new powers to tackle the issues of most concern to communities, like gang violence, alcohol-related crime and disorder, prostitution and lap-dancing clubs."