STATES OF JERSEY
r
AN ALCOHOL STRATEGY FOR JERSEY
Lodged au Greffe on 15th July 2003
by the Health and Social Services Committee
STATES GREFFE
PROPOSITION
THE STATES
are asked to decide whether they are of opinion -
(a) to endorse the strategy for concerted
and co-ordinated action to reduce the harm to individuals and the community
caused by the misuse of alcohol dated 2nd April 2002 and to approve the key
strategic aims set out in the Alcohol Strategy for Jersey;
(b) to agree that, in an attempt to reduce
per capita consumption of alcohol, impôts duties on alcohol should be increased
annually over and above the level of inflation if deemed advisable, following
consultation between the Health and Social Services Committee and the Finance
and Economics Committee;
(c) to agree that, in an attempt to reduce
alcohol-related assaults, malicious damage, anti-social behaviour, public
disorder and under-age drinking, and to promote a healthy lifestyle and
discourage intoxication, there should be a comprehensive review and revision of
the Licensing (Jersey) Law 1974, as amended, following consultation between the
Health and Social Services, the Home Affairs and the Finance and Economics
Committees;
(d) to agree that measures should be
introduced to reduce the incidence of alcohol consumption by persons under the
age of 18 years of age by –
(i) the introduction of proof-of-age cards
through the States smart card scheme or another suitable method as soon as
practicable;
(ii) the drafting of best practice guidelines
for the education and awareness of staff employed where alcohol is sold;
(e) to agree that steps should be taken to
increase opportunities to access effective treatment and support services for
those who misuse alcohol and to provide specialist support and advice to
professional groups working with individuals who misuse alcohol;
(f) to request the Health and Social
Services Committee to report to the States within a period of three years on
the progress of the Alcohol Strategy.
HEALTH AND SOCIAL SERVICES COMMITTEE
REPORT
Background
The States approved the Crime and Community Safety
Strategy and the Substance Misuse Strategy on 16th November 1999, including an
intention to reduce the level of harm caused by alcohol misuse. The following
proposals for a co-ordinated alcohol strategy have been prepared following
extensive local consultation and research into how other countries are tackling
alcohol-related problems.
The need for an alcohol strategy
For the majority of people who drink alcohol, it is a
pleasant adjunct to a wide range of recreational activities. However, alcohol
is also an addictive drug and a major cause of ill-health and social distress. Alcohol
is a major contributory factor in deaths from liver disease, cancers and heart
disease; and its misuse places families under stress, contributes to
unemployment and homelessness, and affects the wider community in terms of violence,
disorder and accidents.
In Jersey, average alcohol consumption per person has
been estimated to be up to twice that in the United Kingdom, and is considered
to be the highest in western Europe[1]. Furthermore, a survey on health and lifestyles in
Jersey has indicated that 9% of adult men and 7% of adult women are dependent
on alcohol.[2]
It is a misconception that drinking only harms a tiny
minority of the population who drink particularly heavily. In reality, the
range of alcohol problems go well beyond the medical concept of alcoholism. Problems
can arise from a single bout of drinking or repeated heavy drinking, giving
rise to physical, psychological and social harm.
Increased medical understanding of the effects of
alcohol consumption has led to an awareness that the health risks also affect
those who drink somewhat in excess of sensible limits.[3] There is also a greater recognition of the extent of
social harms caused by alcohol misuse and their impact on a community’s safety
and quality of life.
Proposals
The principles of the alcohol strategy are –
· a
focus on a whole population approach to alcohol misuse;
· promotion
of social welfare and equal access to helping services;
· use of
a range of measures to maximise the potential to reduce harm;
· implementation
of a well-defined strategy with a long-term and consistent approach.
Implementing the strategy will depend on a number of
co-ordinated initiatives related to controlling the supply and demand for
alcohol, changing attitudes and the provision of information, and support and
treatment services. These initiatives are summarised below.
Taxation and prices
There is good evidence that taxation and pricing have
an impact on reducing levels of alcohol consumption and misuse. It is proposed
to –
· maintain
increases in taxation on alcoholic products over and above inflation, and level
out taxation rates on different types of alcohol;
· reach
agreements with the alcohol industry to reduce the price of non-alcoholic
drinks relative to alcoholic drinks in licensed premises, encourage the sale of
non-alcoholic and low alcohol drinks, and discourage the use of sales
promotions which may lead to binge drinking.
Licensing
Licensing continues to be needed to regulate the sale
and consumption of alcohol, in order to protect the young, control excessive
consumption in the interests of health and safety and to prevent disturbance
and disorder.
It is intended to review and revise the Licensing
(Jersey) Law 1974, to develop legislation that will help to reduce
alcohol-related assaults, malicious damage, anti-social behaviour, public
disorder and under-age drinking, and to promote a healthy lifestyle and
discourage intoxication.
Community safety
Consideration of community safety issues is key to
reducing alcohol-related violence and disorder when planning public places and
housing. Options which focus on prevention and diversion are preferred to those
which criminalise drinkers.
Proposals are aimed to reducing alcohol-related crime
and nuisance in and around drinking venues, the town centre and other public
places, through promoting improved management and policing, introduction of
legislation enabling confiscation of alcohol in public places when there is a
risk of injury or disorder (as agreed by the States on adopting a proposition
of the Deputy of St. Martin, P.46/2002), and developing proposals to enhance
the role of public transport in preventing alcohol-related disorder.
Drink-driving
The aim of a drink-driving policy is to reduce
alcohol-related accidents on the roads. Measures need to be enforceable, and
policy decisions should focus on reducing the harm caused.
Proposals to reduce the number of alcohol-related road
accidents include a review of the permissible level of blood alcohol when
driving (currently 80mgs per 100mls) in line with limits in other
jurisdictions; improving public transport, with particular emphasis on late
night provision; encouraging the Courts to introduce, where appropriate, an
alcohol education order or a treatment order; and increased public education in
relation to drink-driving within driving test training and in schools.
The promotion of alcohol
It is proposed to promote a more balanced portrayal of
alcohol consumption and its outcomes in the media, and to protect young people
from product promotion or media influences which may encourage them to drink
alcohol prematurely or to excess in later life, or which exploit the young,
immature, or those who are mentally or socially vulnerable.
Options include a review of advertising codes to
reduce the number of advertisements likely to appeal to young people, and
regulating sponsorship, packaging and merchandising of alcoholic drinks.
Changing attitudes: Campaigns to promote responsible
drinking
Increased public education on the implications of
alcohol misuse can enable individuals to make informed choices about drinking,
and increase awareness of the full range of support facilities available.
Proposals include campaigns involving television and
other media; recommending alcohol misuse education within Health and Safety
plans of States Departments; specific guidance to schools and parents, and
enhancing the role of youth work in alcohol education; encouraging employers to
develop alcohol education programmes; and providing training and support for
those engaged in alcohol education.
Support and treatment
A range of services for those in need of support and
treatment should include screening for alcohol problems by G.P.s and hospital
staff, brief treatment programmes and longer-term specialist remedial
treatment, counselling services, self-help support and support for the children
and partners of problem drinkers.
Co-ordination will be required to ensure effective
links, for example for people with multiple needs, such as mental health
problems, illicit drug misuse and social problems, and between different
service providers, including the Alcohol and Drug Service, the General
Hospital, Courts and Probation Service, Prison Service and Police.
Under-age consumption
Under-age consumption of alcohol increases
substantially the risks of young people becoming involved in disorderly
behaviour. This may lead to criminal activity, under-achievement at school,
poor health and poor employment prospects, all of which can create additional
problems in later life.
To reduce the consumption of alcohol by under 18s, it
is proposed to rigorously enforce current legislation, actively promote a
proof-of-age scheme, exploring new measures to control the purchase of alcohol
by adults for under 18s in inappropriate circumstances, and consider
legislation to permit confiscation of alcohol in a public place where there is
a risk of a nuisance or misbehaviour.
Resources
The cost of implementing the Alcohol Strategy will be
primarily met from funds already allocated to/requested for the Crime and
Community Safety and Substance Misuse Strategies or from existing revenue
budgets of individual States’ departments.
Tackling alcohol on an Island-wide basis requires a
broad, all-embracing, partnership approach. Although the Health and Social
Services Committee will act as both a catalyst for change and the lead
Committee on this matter, the commitment of other States’ Committees and others
will be essential for the strategy to be effectively delivered.
Conclusion
A strategic approach is required to tackle alcohol
problems, and to provide a framework for resolving the often conflicting
commercial, recreational and welfare interests associated with alcohol
consumption. To meet concerns over the disjointed nature of alcohol policy
development, there is a need to co-ordinate the large number of agencies whose
work includes alcohol, and to ensure that alcohol issues are addressed.
The proposals contained in this Alcohol Strategy are
overarching. They make the case for far-reaching changes to alcohol policy
across the full spectrum of Island life. They address contentious issues and
recognise the significant difficulties of reform required to implement
effective intervention.
For many people, drinking alcohol is a social and
recreational pastime which adults indulge in sensibly and responsibly. Consequently,
such drinking habits are not an issue and this strategy seeks only to address
the harm caused by the excessive and inappropriate use of alcohol.
The
States of Jersey declared its intention to reduce the level of harm caused by
alcohol misuse when it approved the Crime and Community Safety Strategy and the
Substance Misuse Strategy on 16th November 1999. These proposals for a
co-ordinated alcohol strategy have been produced by the Alcohol Strategy
Working Party and have been endorsed by the Chief Officer Group. In producing
this document a great deal of emphasis has been placed in obtaining the views
and suggestions of others as well as carrying out extensive research into how
other countries are tackling alcohol-related problems.
Alcohol
is part of Jersey’s cultural tradition, has a significant recreational role
and, when consumed in small quantities, can have health benefits for certain
groups. For the majority of people who drink alcohol, it is a pleasant adjunct
to a wide range of recreational activities. However, alcohol is also an
addictive drug and a major cause of ill health and social distress. As well as
its role in liver cirrhosis, (between 1996-1999, 52% of deaths in Jersey,
associated with diseases of the liver, identified alcohol as a factor)[4],
cancers and heart disease, its misuse places families under stress, contributes
to unemployment and homelessness, and affects the wider community in terms of
violence, disorder and accidents. (50% [392] of all police attendances at
domestic violence incidents in Jersey, in 1999 involved alcohol or drug use.)[5]
A Canadian study has shown that victims usually report domestic violence after
approximately thirty three offences are committed against them. During 2002,
reported offences in Jersey went up by 17%, which may indicate a greater
willingness to report, but the level of repeat offences which dropped by 28%
during 2001, remained constant during 2002.
While
there are economic benefits associated with the alcohol industry, the financial
cost to society of alcohol misuse is substantial. They involve health, welfare
and criminal justice services’ costs, as well as the financial implications of
unemployment, accidents, anti-social behaviour, absenteeism and lost productivity.
The
cost of implementing the Alcohol Strategy will be primarily met from funds
already allocated to/requested for the Crime & Community Safety and
Substance Misuse Strategies or from existing revenue budgets of individual
States’ departments. It must be stressed at the outset that tackling alcohol,
on an Island-wide basis, requires a broad, all-embracing, partnership approach.
Therefore, although the Health and Social Services Committee will act as both a
catalyst for change and the lead Committee on this matter, the commitment of
other States’ Committees and others will be essential in order that the
strategy can be effectively delivered.
Policy
thinking on alcohol has too often been coloured by the misconception that
drinking adversely affects only a tiny minority of the population who drink
particularly heavily. In reality, there are a wide range of alcohol problems,
which go well beyond the medical concept of alcoholism. Problems can arise from
a single bout of drinking or repeated heavy drinking. Such problems exist in
the physical, psychological and social domains as indicated in the table on
Page 2.
Increased
medical understanding of the effects of alcohol consumption has led to an
awareness that the health risks do not only apply to heavier dependent
drinkers, but also affect those who drink somewhat in excess of sensible limits.[6]
There is also a greater recognition of the extent of social harms caused by
alcohol misuse and their impact on a community’s safety and quality of life.
To
achieve the recommendation made in the Substance Misuse and Crime and Community
Safety Strategies ‘to reduce the numbers of people drinking above sensible
limits’ will need a concerted effort by the community at large. Whilst the
overall consumption of alcohol in Jersey has fallen over the past ten years, it
is calculated to be in the region of 1½ times higher than that of the UK[7],
and recent research has shown a significant rise in the amount of spirits and
beers consumed by children.[8]
A
strategic approach is required to ensure that action is taken to tackle these
problems, and to provide a framework for resolving the often conflicting
commercial, recreational and welfare interests associated with alcohol
consumption. To meet concerns over the disjointed nature of alcohol policy
development, there is a need to co-ordinate the large number of agencies whose
work includes alcohol, and to ensure that alcohol issues are addressed.
|
Physical |
Acute
Accidental injury Injuries from fights Acute
medical complications |
Chronic
Brain damage Peripheral neuritis High blood pressure Heart disease Stroke Liver disease Chronic pancreatitis Cancers of: Oropharynx Larynx Oesophagus Stomach Liver Rectum Breast Skin diseases Endocrine disorders Blood disorders Disorders
of the immune system |
|
Psychological |
Impaired reaction time Impaired emotional control Suicide |
Short-term memory impairment Dementia Alcoholic hallucinosis Dependence Withdrawal fits Delirium tremers |
|
Social |
Work problems Crimes of violence Drink
driving accidents/injuries Family violence Anti-social behaviour |
Family breakdown Debt Housing problems Destitution |
The
administrative framework proposed to co-ordinate the implementation of the
strategy includes:
|
·
An Alcohol Working Party (Senior Officer
Group Sub-Group) to oversee the Strategy’s implementation. |
|
·
An Alcohol Advisory Forum to inform the
development of the Strategy drawn from those agencies, including the alcohol
industry, whose work involves dealing with alcohol. |
|
·
An Alcohol Research Subgroup to ensure the
necessary data is available and provide independent evaluation of the
Strategy. |
The
core principles at the heart of the Strategy are:
q A focus on a
whole population approach to alcohol misuse.
q The
promotion of social welfare and equal access to helping services.
q The use of a
range of measures to maximise the potential to reduce harm.
q The
development of a well-defined and accountable system with a long-term and
consistent approach.
How
the Strategy will be monitored and evaluated:
|
q To reduce
the per-capita consumption of alcohol. q To reduce
the amount of alcohol-related ill health. |
|
q To reduce
the number of alcohol-related injuries. |
|
q To reduce
the incidence of alcohol-related crime
and disorder. |
|
q To reduce
the number of alcohol-related road accidents. |
|
q To reduce
economic loss in the work place due to alcohol misuse. |
|
q To reduce
the incidence of alcohol consumption by young people. |
|
q To
increase opportunities for alcohol problem users to access treatment and
support. |
Detailed
proposals for achieving these aims are made in the next section which describes
the key areas relating to the control of supply and demand, changing attitudes
and the provision of information, support and treatment.
Taxation
and pricing have an impact on levels of alcohol consumption and misuse. At
current levels of consumption, it is appropriate to maintain the recent
practice of increasing taxation on alcoholic products over and above inflation.
(see Appendix A)
|
q Excise duties to continue to rise over
and above the level of local inflation. |
|
q Equalise taxation rates on alcohol. This will
address the anomaly that currently exists whereby a unit of alcohol in beer
is cheaper than a unit of alcohol in spirits[9].
q Reach an agreement with the alcohol industry to
reduce the pricing of non-alcoholic drinks relative to alcoholic drinks in
licensed premises. q Encourage the licensing trade to promote the sale of
non-alcoholic and low alcohol drinks in licensed premises and discourage the
use of sales promotions (such as happy hours), which encourage binge
drinking. |
Licensing
continues to be needed to regulate the sale and consumption of alcohol because
of its intoxicating and addictive properties, its potential to damage health
and its contribution to nuisance and disorder. The three primary aims of
licensing should be to protect the young, control excessive consumption in the
interests of health and safety and to prevent disturbance and disorder.
q Reduce alcohol-related assaults, malicious damage,
anti-social behaviour, public disorder and under-age drinking, and promoting a
healthy lifestyle and discouraging intoxication through a comprehensive review
of the aims and objectives of the Licensing (Jersey) Law 1974 (see Appendix B)
Consideration
of community safety issues when planning public places and housing as the
introduction of preventative measures are key to reducing alcohol-related
violence and disorder. Options which focus on prevention and diversion are
preferred to those which criminalise drinkers. For example, exploring the
relationship between housing, accommodation and alcohol misuse.
Reducing
alcohol-related crime and nuisance in and around drinking venues, the town
centre and other public places through:
|
q The States of Jersey Police providing good practice
guidance to the Planning Department and licensees, with particular emphasis
on prevention practice in relation to the management of the environment in
and around drinking venues. e.g.: CCTV (see Appendix C) |
|
q Developing proposals to enhance the role of public
transport in preventing alcohol-related disorder. There are currently 147
rank and 151 private taxi licences in issue. There are no requirements for a licensee
to do any particular hours or shifts, including night shifts. The main
requirement is that they cover 21,000 miles per year. |
|
q Encouraging the trade to extend their use of
toughened glass. |
|
q Exploring introducing legislation enabling
confiscation of alcohol in public places when risk of injury or disorder is
apparent. |
|
q Exploring and developing pro-active policing initiatives
within licensed premises. |
The
aim of a drink-driving policy is to reduce alcohol-related accidents on the
roads. Measures need to be enforceable, and policy decisions should focus on
reducing the harm caused.
Reducing
the number of alcohol-related road accidents through:
|
q A review of the permissible level of alcohol in the
blood when driving (currently 80mgs per 100mls). |
|
q Developing proposals for public transport designed
to reduce the incidence of drink-driving, with particular emphasis on late
night provision. |
|
q Encouraging the Courts to introduce, where
appropriate, a requirement to make the return of a licence conditional upon
completion of an alcohol education order or a treatment order. |
|
q Continuing public education in relation to
drink-driving, to include an increased component within driving test training
and alcohol education in schools. |
The
Promotion of Alcohol
Alcohol
publicity including advertising, broadcasting, sponsorship, and packaging is
specifically designed to sell a product to a targeted group.
Promoting
a more balanced portrayal of alcohol consumption and its outcomes in the media,
together with the protection of young people from product promotion or media
influences which may encourage them to drink alcohol prematurely or to excess
in later life, through the following measures:
|
q Need to research the nature of alcohol advertising
in line with UK policies. In 2000, £227.3 million was spent in the UK on
alcohol advertising (Institute of Alcohol Studies). In the UK, advertising,
including that for alcohol, on broadcast media is controlled by statutory
bodies, the Independent Broadcasting Authority and the Cable Authority.
Advertising in other media, for example in newspapers, is regulated by a
voluntary code, the British Code of Advertising Practice. The key focus of
the BCAP is that advertisements should not encourage excessive drinking or
exploit the young, immature, or those who are mentally or socially
vulnerable. |
|
q A review of the content and interpretation of
advertising codes in order to reduce the number of advertisements likely to
appeal to young people, the establishment of independent monitoring and
adjudication arrangements to regulate sponsorship, packaging and merchandising
of alcoholic drinks, with a view to protecting the young. |
|
|
Public
education is needed on the implications of alcohol misuse to enable individuals
to make informed choices about drinking. Alcohol education needs to be
strengthened.
Enhancing
people’s capacity to make informed choices about their drinking habits and
increasing awareness of the full range of support facilities available through:
|
q Ongoing campaigns involving television and other
media, posters and leaflets. |
|
q Guidance to States Departments recommending the
inclusion of alcohol misuse public education within Health and Safety Plans. |
|
q Strengthening alcohol education for young people
through specific guidance to schools; the development of parent education
initiatives; an audit and update of alcohol teaching materials; an evaluation
of alcohol education; and enhancing the role of youth work in alcohol
education. |
|
q Establishing a network of major employers to develop
flagship alcohol education programmes, increasing the number of employers
with effective policies, and developing ways of supporting those not in
full-time employment. q Providing training and support for those engaged in
alcohol education. |
For
those in need of support and treatment, whether people are in the early stages
of developing an alcohol problem or are entrenched or dependent drinkers, ready
access to appropriate and quality alcohol services should be provided.
Core
services should include:
|
q Screening for alcohol problems in primary care and
hospital settings. |
|
q Minimal interventions and brief treatments within
primary health care, hospital and alcohol-service settings. |
|
q Outreach work. |
|
q Longer-term specialist remedial treatment, including
detoxification and counselling services in day care settings, and in
residential units for severe cases where support is lacking. |
|
q Self-help support groups. q Support for the children and partners of problem
drinkers. |
Because
alcohol services are funded by a range of sources, and are delivered by a
variety of public, private and voluntary sector agencies, effective
co-ordination at all levels is required. The Substance Misuse Strategy
1999-2004 currently funds a number of alcohol awareness projects, for example,
in the form of health promotion initiatives and subsidising police sensible
drinking and anti-drink driving campaigns.
q The development of the Alcohol and Drug Service in
order to ensure that a full range of treatment is available to those with
multiple needs, such as mental health problems, illicit drug misuse and social
problems.
q Support for the General Hospital to develop a strategy
for detecting and responding to alcohol problems. The promotion of minimum service
standards, to ensure that practitioners in a variety of settings are able to
offer treatment and support to problem alcohol users.
|
q Encourage the courts’ use of probation and binding
over orders with treatment conditions similar to those used for some drug
offences. q Extend alcohol support and treatment in prison. |
|
q Provide alcohol training and education to healthcare
professionals in order for them to identify and help problem alcohol users. |
|
q Introduce an arrest referral scheme. |
Under-age consumption of
alcohol must be addressed as it increases substantially the risks of young
people becoming involved in disorderly behaviour. This may lead to criminal
activity, under-achievement at school, poor health and poor employment prospects,
all of which can create additional problems in later life. (see Appendix D)
Reduce the consumption of alcohol by under 18s through:
·
Rigorous
enforcement of current legislation – Licensing
(Jersey) Law 1974.
·
The active
promotion of a proof-of-age scheme (most likely the States Identity Card).
·
Exploring
the feasibility of introducing new measures concerned with the purchasing of
alcohol by adults for consumption by under 18s in certain inappropriate
circumstances.
·
Introduce
legislation to “permit police officers to confiscate alcohol in the possession
of any person in a public place who was causing a nuisance, or whose possession
of alcohol might, in the opinion of the officers, lead to further
misbehaviour”, as proposed by Deputy Bob Hill on 21 May 2002 and approved by
Home Affairs in January 2003.
There
is considerable scope for investing in the Strategy’s preventative proposals as
they will have a significant impact in reducing levels of alcohol misuse. These
include arrangements for the co-ordination of the Strategy, measures relating
to the control of supply and demand, public education and support and treatment
services. In addition, research shows that specialist treatments, which are
targeted at specific sections of the community, offer cost benefits resulting
from reduced medical and social welfare costs. A 5% reduction in the overall
level of alcohol consumed by the conclusion of the Strategy’s first 5-year term
would be a reasonable expectation.
The
proposals contained in this Alcohol Strategy are necessarily overarching. They
make the case for far-reaching changes to alcohol policy across the full
spectrum of island life. They address contentious issues and relate to areas of
activity where the difficulties of reform have caused successive
administrations to shy away from large-scale, effective intervention.
Conflicting views have been teased out through the consultation exercise.
For
some people, there are religious, economic and cultural considerations that
place parameters on their level of alcohol consumption. For the most part,
however, drinking alcohol is a social and recreational pastime which adults
indulge in sensibly and responsibly. Consequently, such drinking habits are not
an issue and this strategy seeks only to address the harm caused by the
excessive and inappropriate use of alcohol. Hence, we trust that the strategy
will stimulate constructive dialogue amongst States’ departments, Parish
authorities, the alcohol industry and the public at large aimed at addressing
the concerns identified.
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Review Committee’
http:/www.aphru.ac.nz/publications/alcprice.htm
Curtin National Drug Research Institute
(1999) ‘Using taxation to save Lives’ Press
Release.
Heien, D. (1995) ‘Are Higher Alcohol Taxes Justified?’ Cato Journal, Vol. 15,
Nos. 2-3. http://www.cato.org/pubs/journal/cj15n2-3-7.html
http://www.curtin.edu.au/curtin/centre/ncrpda/news/media
IAS (1999) ‘Alcohol: Tax and Price and Public Health’ Institute of Alcohol
Studies. http://www.ias.org.uk/factsheets/alcoholtax.htm
Advertising
Institute of Alcohol Studies ‘Alcohol
and Advertising’
http://www.ias.org.uk
Underage Drinking
Brain, K. and Parker, H. (1997) ‘Drinking With Design, Alcopops, designer
drinks and youth culture’ Portman Group.
Fox, K. (1997) ‘Taskforce on Underage Alcohol Misuse: Report on the Under-18 Panel
Meetings’ The Portman Group.
Newcombe, R. Measham, F. and Parker, H.
(1995) ‘A Survey of Drinking and Deviant
Behaviour Among 14/15 Year Olds in North West England’ Addiction
Research, vol. 2, No.4. pp.319-341.
Home Office Circular No. 02/2001 ‘Liquor
Licensing’
http://www.homeoffice.gov.uk/ccpd/hoc0201.htm
States of Jersey (2001) ‘A Picture of Health in Jersey 2000:
reflections on the health related behaviour of young people aged 10-15 years’ Health
Promotion Unit. Jersey.
The Portman Group (1997) ‘Under the Influence: The report of the
taskforce on underage alcohol misuse’ The Portman Group. London.
The Royal College of Physicians (1995) ‘Alcohol and the Young’ The Lavenham
Press Ltd. Lavenham.
Walker, A. (1997) ‘Prove It! Proof of Age Scheme: surveys of cardholders and off-licence
managers’ The Portman Group. London.
Alcohol
Taxation
The States of Jersey Substance Misuse Strategy
recognises that alcohol causes more harm
than other legal or illegal substances. Consequently, the strategies endorsed
by the States in 1999 to tackle crime and community safety and substance misuse
declared the intention to reduce the level of harm caused by alcohol misuse
throughout Jersey.
Research undertaken by Imperial College
indicates that the overall level of consumption of alcohol in Jersey is
significantly higher than in a number of European countries. Whilst recognising
that precise per capita measures of alcohol consumption are fraught with
difficulties it is widely accepted that in Jersey, as is the case in many small
island communities, alcohol plays a significant part in island life. The
overall consumption of alcohol in Jersey appears to have fallen by 20% over the
last ten years. This is accountable, in part, to changes in excise duty and
public health initiatives to moderate consumption. However, in comparison with
other European countries (non-adjusted data) consumption remains comparatively
high (see figure 1).
Figure
1. Per capita estimates of litres of
pure alcohol consumed, Jersey (adjusted)[10]
and other European countries (non-adjusted), 1998
Source:
Imperial College (2001)[11]

A large number of studies into the effects of
price changes on consumption have now been carried out in a wide range of
countries including Australia, Belgium, Canada, Denmark, Germany, Finland,
France, Ireland, Italy, Kenya, Netherlands, Norway, Portugal, Spain, Sweden, UK
and the USA.
The available research evidence leads to
three major conclusions:
q Alcohol behaves like other commodities – if price
goes up, consumption goes down – thus alcohol is price sensitive.
q Price elasticities – the responsiveness of
alcohol to price changes – are not the same for all times and places, nor
for all beverages. Research measures consumer response to price changes by
computing the price elasticity. This is defined as the percentage change in
demand that results from a 1% change in price. For example, a price elasticity
of 0.5 would imply that a 10% rise in price would result in a 5% fall in
consumption. The UK Treasury estimates price elasticities for the main drinks
to be:
beer: – 1. 0, spirits: –0.
9, wine: – 1. 1.
q Heavy and even alcohol-dependent drinkers are
influenced at least as much, if not more than lighter drinkers, by price
changes.
The level of alcohol taxation has historically
been influenced by social, cultural and historic as well as economic factors. This
has led to the situation today where the level of duty on different alcoholic
drinks varies tremendously. In order to illustrate this, Table 1 illustrates
the current level of duty (applicable in Jersey) per litre of alcohol for a
range of drinks.
Table 1 – Current level of duty, in Jersey, per
litre of alcohol for a range drinks
|
DRINK |
Current level of duty per litre of pure alcohol |
Jersey Duty |
|
Spirits – Litre of Whisky @
40% a.b.v. 75cl Bottle of Wine @ 12% a.b.v. 33cl Bottle of Alcopops @ 5% a.b.v. Pint of Cider/Beer @ 4.5%
a.b.v. |
£19.23 £10.24 £9.36 £8.40 |
£7.69 £0.92 £0.15 £0.22 |
The alcohol strategy has
two primary objectives with regard to alcohol taxation. Firstly, recognising
the correlation between price and consumption, it advocates price increases on
all alcoholic beverages over and above local inflation. Secondly, it endeavours
to harmonise the relative levels of duty levied on different alcoholic
beverages.
This approach:
q Tackles alcohol on a whole population basis (it is not
the intention to penalise specific sub-groups within the community).
q Helps to close the gap between the (historically high)
duty on spirits and other alcoholic beverages.
q Recognises the fact that alcohol is a price-sensitive
commodity, although price elasticity needs to be acknowledged.
q Involves punitive increases on stronger alcohol beers,
lagers and ciders, drinks which tend to be associated with alcohol-related
crime, disorder and anti-social behaviour.
Impact of Proposals
A number of potential
impacts to the proposed increases may be forthcoming:
q Tourism. The Tourism industry may perceive such increases as
unhelpful. Nevertheless, this approach embraces the need to improve the health
and well-being of the residents of Jersey. Furthermore, tourists reach a
decision on their holiday destination having consideration for a host of
sophisticated factors, and not merely the availability of cheap alcohol,
although the availability of a duty-free shop within the Airport complex
somewhat dilutes this potential concern.
q Inflation. The impact of such increases on the Jersey Retail
Price index is minimal.
q Cross-price
effects. It has been suggested that
some consumers may switch from one drink to a cheaper alternative. By gradually
harmonising the level of duty on alcoholic beverages, as proposed, whilst still
increasing the duty on spirits annually, this effect should be minimised. In
addition, drinking preferences are based on numerous factors including peer
group influence, personal taste, habit, affordability, setting, etc. Figure 2
shows the existing local per capita consumption pattern for spirits, wine and
beer.
q Low income
households. It has been argued that
taxation is not socially equitable as the poorer proportionately bear more of
the burden. Evidence from New Zealand, UK and USA does not support this
contention. Taxation is levied per unit of alcohol consumed. Those who drink
the most alcohol pay the most tax. It is suggested that the vast majority of
drinkers only drink relatively small amounts of alcohol and consequently
taxation represents only a small proportion of their income.
q Problem
drinkers. Some people believe that
increasing the price of alcoholic beverages does not affect the heavy or
alcohol-dependant drinker. Heavy and even alcohol-dependent drinkers are
influenced at least as much, if not more than light drinkers, by price changes.
Approximately 70% of all clients who are referred to the Alcohol and Drug
Service for alcohol problems cite financial difficulties as a key factor in
addressing their problems. Furthermore, the alcohol strategy advocates an
approach that addresses all drinkers and seeks to reduce overall levels of
consumption.

Figure 2. Per
Capita litres pure alcohol consumption of drinks was 12.9 litres in 1999
(adjusted to accommodate for seasonal tourist and worker flows)
Source:
Imperial College (2001)
Review of
Licensing (Jersey) Law 1974 (THE ‘LAW’)
Licensing
regulations are recognised as one important strand of public policy for
reducing the harm associated with alcohol misuse. Any changes must, therefore,
be deliberated in their widest context as a public health issue. Careful
thought needs to be given to weighing the potential benefits to consumers,
licensees and business against the potential costs should reforms, particularly
in relation to more flexible opening times, lead to greater problems in
relation to crime, disorder, anti-social behaviour, fear of crime and
consumption levels.
The
Home Offices’ White Paper, ‘Time for
Reform: Proposals for the Modernisation of Our Licensing Laws’, makes a
number of recommendations on various aspects of the licensing laws in the UK.
Whilst there are a number of elements which are not appropriate to Jersey (i.e.
motorway service stations), there is much that any review of the Licensing Law
in Jersey should take into account.
This
includes:
-
Monitoring and review
Systems need to be established to monitor the impact
of changes to licensing laws. Research needs to be conducted on the feasibility
of introducing a set of annual returns for all licence holders which can be
centrally collated and analysed.
-
Premises/Personal Licence
The creation of a system
of two licences – a premises licence and an individual licence should be
considered.
-
Training
A review of training
should be undertaken, with a particular emphasis on strengthening the health
and social aspects of licensee training. The training of staff should be
encouraged through a requirement for a staff training plan in the standard conditions
attached to the premises licence.
-
Premises Licence
Under the Law, there are
currently seven categories of licence. As it stands, the system for granting
licences needs to be modernised and rationalised, with a streamlining of the
number of licences available. The driving force behind any decision to change
licensing should be the aim to minimise harm, not appease commercial
objectives. Measures which promote sensible drinking, such as reducing the
price of non-alcoholic drinks in comparison to alcoholic drinks, could become a
condition of the licence. Access to non-alcohol facilities, transport, food and
entertainment should be taken into account when reaching a decision on granting
a licence.
-
Permitted Hours
No decision to increase
permitted opening hours should be taken until proper consideration has been
given to the effects of such in the U.K. and elsewhere.
-
Access by Children
The health, safety and
welfare of children should be the most important aspect of any provision within
licensing legislation. The basic position should be that children are not
allowed access to a venue unless specific measures are in place to make the
venue child-friendly.
Breach of Licensing Regulations/Conditions
Consideration should be
given to the introduction of new powers enabling the police to close premises
when a serious breach of licensing regulations, risk of injury or disorder is
apparent.
It should be noted that
these are just a few of the areas which will need to be considered when
undertaking a review of the licensing law. This review is urgently needed and
should be undertaken within 12 months of the strategy being adopted by the
States.
Environmental
Design
Reducing alcohol-related crime and
nuisance in and around drinking venues, the town centre and other public places
is one of the key proposals contained within this strategy. Last year, in
Jersey alone, there were 395 offences of drunk and disorderly recorded; 135
offences of disorderly on licensed premises and 51 cases of drunk and
incapable. Internationally, research which looked at over nine thousand
reported crimes in 11 countries, showed that nearly two thirds of violent
offenders were drinking at the time of the crime and nearly one half of the
victims were intoxicated. (Heather, 1994)
The key proposals relating to this
section are:
q Managing
the environment within venues.
There is a need to ensure that planning
and architects ‘build in’ design practices, in new venues and those that are
being refurbished, which reduce the likelihood of aggressive or inappropriate
behaviour.
The
Portman Group is an independent company set up in 1989 by the UK’s leading
drinks manufacturers, which together supply the majority of the alcohol sold in
the UK. The organisation’s purpose is to help prevent misuse of alcohol and to
promote sensible drinking. The Portman Group (1998) suggest that factors which
need to be considered include:
·
Customer Frustration. This arises when customers are prevented from doing
what they want or getting what they expected to. Design factors can have a
significant effect on a customer’s frustration through insufficient bar serving
areas; poor layout; inappropriate heat, sound and light levels; and
inappropriate siting of cigarette machines, pool tables etc.
·
Layout. There is a basic design conflict between the need of the
licensees and their staff and the preference of many customers for a secluded
area for themselves and their friends. Open plan designs often meet the needs
of the licensee but not that of customers. In addition, open plan can permit
the spread of aggressive and anti-social behaviour.
·
Flow Patterns.
The anticipated flow of customers within the venue should be a significant
element in the design brief.
·
Siting and Design of the Bar. It is important that the bar is situated so that staff have
control over certain key areas such as the entrances to private spaces
(kitchens, living quarters), public entrances and exits and staff should have a
clear line of sight of the entrances to toilets.
When designing new/refurbished venues
every effort should be made to liaise with the Police Crime Reduction Unit with
regard to designing out crime.
q
Managing The
Environment of the Surrounding Area.
In addition to managing the environment
within the venue the area surrounding the venue needs to be considered from a
‘secured by design’ point of view. Issues such as street/car park lighting,
noise levels and the flow of customers to and from the venue (especially at
closing time) should be considered as part of the design and planning process.
At present Planning do not have a remit to ensure that the proposed venue does
not pose community safety issues.
UNDERAGE CONSUMPTION
Underage
consumption of alcohol must be addressed as it contributes substantially to the
risks of young people becoming involved in criminal and anti-social behaviour,
as well as leading to underachievement in school, poor health and poor
employment prospects which may lead to additional problems later in life.
A
report by the British Paediatric Association and The Royal College of
Physicians (1995) states: ‘Alcohol can
harm children and young people to an alarming degree. The harm caused is not
only by parents and other adults who are problem drinkers, but by excessive
consumption among the young themselves’. The report focuses on four main
areas:
1.
Problem Drinking by Parents. The report states that ‘there is no doubt that, if one or both of their parents has a drinking
problem, children suffer seriously in a variety of ways’. One of these is
the increased risk of children becoming involved in substance abuse.
2.
Patterns of Drinking Behaviour in the Young. Some of the facts they identified include:
q Violent behaviour among teenagers when intoxicated is
common.
q There is a strong and consistent association between
drinking habits and unsafe sex, especially among heterosexuals.
q Adolescents enter a coma at a lower level of blood
alcohol than do adults.
q Heavy alcohol use is often the first step in a
substance abusing career.
q There is an increased likelihood of accidents.
3.
Assessment and Treatment. The assessment and treatment of alcohol problems in
the young: characterises young problem drinkers into three main groups:
q Group A. Young people
who are drinking over the recommended adult limits, but are asymptomatic and
not suffering impairment at this stage.
q Group B. Young people who are drinking heavily, are frequently
drunk and impaired as a result, but who do not have other problems.
q Group C. Young people who are drinking heavily and have other
major problems.
One common feature of all these groups is
that each is likely to include young people who do not see their alcohol intake
as a major problem.
A
publication from the Portman Group entitled ‘Under the Influence: the report of
the taskforce on underage alcohol misuse’ lists a number of recommendations,
some of which have been included in the Alcohol Strategy.
These
include:
q A Proof of
Age Card: The Portman Group conducted
a survey of youngsters using their own card scheme and found that 68% did not
mind being asked their age; 84% felt that a proof of age card made them feel
more confident when they went out; only 6% reported having been refused service
after showing their card. A further survey of off-licence managers found that
84% thought that proof of age cards should be compulsory; 91% liked having the
application forms to offer when they refused service. Managers asked for ID on
average 9 times a month and refused service on average 9 times a month.
q Introduction
of New Legislation: This is
legislation concerned with the purchasing of alcohol for consumption by under
18s. The task force noted that the majority of 13 – 16 year-olds do
not buy alcohol for themselves. They stated that ‘one problem with this age group is clearly that they can persuade or
coerce older friends (or strangers) into buying alcohol on their behalf….’ The
Licensing (Young Persons) Act 2000 introduced the offence of ‘buying or attempting to buy alcohol in licensed
premises on behalf of a person under 18’. The offence addresses the actions
of adults who act as the agent of a minor when making or attempting to make a
purchase.
q Education in
Schools: An audit conducted by Hobson
Publishing found that school-based delivery of alcohol education is largely
dependent on schools’ individual interpretations of government documents and
initiatives. Alcohol education is typically covered in drug awareness
programmes and as part of the PSE programme. It stated that ‘alcohol education has been derived in a
patchy way by schools for many years….school-based education must be delivered
more consistently…’.
Interestingly,
under the chapter headed ‘Patterns of Use and Misuse’, the report observes that ‘young people do not constitute a
homogeneous group: drinking patterns vary according to age, geographical
location, sex and socio-economic status’. It goes on to say that there is
good evidence that, among those drinking on a weekly basis, consumption has
increased and that young people are drinking more per session. It also appears
that young people are shifting towards higher strength drinks such as white
ciders, premium lagers and spirits. This is borne out to a certain extent
locally, by the results of the Picture of Health 2000 study.
|
|
Male
|
Female |
|
Year
6 |
Beer/lager 8%, Wine 6%,
Spirits 3% |
Wine 5%, Beer/lager 3%,
Cider 1% and Martini 1% |
|
Year
8 |
Beer/lager 16%, Wine 13 %,
Spirits 11% |
Wine 12%, Beer/lager 8%,
Alcopops and Spirits 18% |
|
Year
10 |
Beer/lager 32%, Spirits
28%, Wine, Cider or Alcopops 18% |
Spirits 28%, Wine 22% and
Cider 16%. |
Source:
A picture of health 2000. p.59.
circulation and
respondent lists
This
document was widely circulated to relevant bodies and individuals (see below),
who were invited to comment and provide feedback to the Substance Misuse
Strategy Office.
ACET Jersey
The Alcohol Industry
Bailiff’s Chambers
BMI
Chief Executive Officers
Citizens Advice Bureau
Crime Prevention & Community Safety
Panel
CrimeStoppers
General Hospital
All Island General Practitioner
Surgeries
Health Promotion Unit
Jersey Medical Society
Junior Chamber of Commerce
Jurats
All Island Media
Minden Base
Police Licensing Unit
Salvation Army
Samaritans
Senior Officers
States Committees
States Members
Vingteniers Association
A
list of those who responded to the invitation to comment and provide feedback
to the Strategies are listed below.
§
HM Attorney General, Mr. William J. Bailhache, QC
§
Deputy Gerard Baudains
§
BMI Health Services
Dr A. N.
Graham – Cumming, MB BS MFOM Dav MRA eS
§
Chief Executive Officers
§
Crime Prevention & Community Safety Partnership
Mr. Peter
Tabb, Chairman
§
Deputy Jerry Dorey
§
Education Committee
Senator Len
Norman
§
Employment & Social Security Committee
Mrs. Ann
Esterson
§
Finance and Economics Committee
§
H.M. Prison La Moye
Mr. D.
Mullin, Unit Manager
§
Housing Committee
Mr. Eric Le
Ruez, Chief Executive Officer
Mr. Steve
Read, Estates Manager Housing Department
§
Human Resources Committee
Mr. Kim
Wilkinson, Corporate HR Director
§
Industries Committee
Mr. Morris
Dubras
§
Jersey NightClub Association
Mr. Spencer
Bourne, President
§
Deputy Roy Le Hérissier
§
Mental Health Services
Dr. John J.
Sharkey, Consultant Psychiatrist
§
Planning and Environment Committee
Mr. J. Young,
Chief Executive Officer
§
Public Services Committee
§
Senior Officers
§
Sports Injury Clinic
Dr. C.
Clinton DIP Sports Med FFAEM,
Consultant in
Accident and Emergency/Sports Medicine
§
Sport Leisure and Recreation Committee
Mr. Derek De
La Haye, Senior Officer
§
Trading Standards Service
Mr. Trevor Le
Roux
§
States of Jersey Police
Mr. Graham
Power, Chief Officer
§
H.M. Solicitor General, Stephanie C. Nicolle, QC
§
Randalls Vautier Limited
Mr. David Le
Quesne, Managing Director
§
Tourism Committee
Mr. David de
Carteret, Corporate Strategy Director
§
Vingteniers’ and Constables Officers’ Association
Vingtenier
Mitch Couriard
DRAFT
ALCOHOL STRATEGY
PRIORITISED
KEY PROPOSALS
1. The definition of the timescales used is as follows:
Short Term: up to 6 months
Medium Term: 6 to 18 months
Long Term: longer than 18 months
2. Although work could begin on all the key proposals immediately after the Strategy is adopted, the above timescales reflect the anticipated period to actual implementation. Consequently, key proposals involving outside consultation invariably fall into the medium term, whilst those involving legislative change are long term.
Excise duties to continue to rise over and above the level of inflation but, if consumption of pure alcohol[12] rises substantially, excise duties should be set at a rate designed to return levels of consumption to agreed limits.
Providing
good practice guidance to the Planning Department and licensees by the Police,
with particular emphasis on prevention practice in relation to the management
of the environment in and around drinking venues. e.g. CCTC
The introduction of legislation enabling confiscation of alcohol in public places when risk of injury or disorder is apparent.
Continuing
public education in relation to drink-driving, to include an increased
component within driving test training and alcohol education in schools.
Changing Attitudes
Guidance to States Departments recommending the inclusion of alcohol misuse public education within Health & Safety Plans.
Promote the
courts’ use of probation and binding over orders with treatment conditions;
similar to those used for some drug offences.
Extend alcohol support and treatment in prison.
Research the feasibility of introducing an arrest referral scheme.
Rigorous
enforcement of current legislation – Licensing (Jersey) law 1974.
Reach
an agreement with the alcohol industry to reduce the pricing of soft drinks
relative to alcoholic drinks in licensed premises. It was recently reported
that the prices of soft drinks in Jersey public houses have risen by over 100%
from 35p to 75p per half a pint of cola or lemonade.
Licensing
The
introduction of new powers to the Police to allow them to close premises when a
serious breach of licensing regulations, risk of injury or disorder is
apparent.
A
review of training should be undertaken, with particular emphasis on
strengthening the health and social aspects of licensee training. The training
of staff should be encouraged through a requirement for a staff training plan
in the standard conditions attached to the premises licence.
Community Safety
Developing
proposals to enhance the role of public transport in preventing alcohol-related
disorder.
Introducing a requirement for alcohol to be served in toughened glass or plastic containers.
Developing
proposals for public transport designed to reduce the incidence of
drink-driving, with particular emphasis on late night provision.
Introducing a requirement in drink-driving cases to include consideration of making an education/treatment order prior to drivers being re-granted a licence.
Promoting
a more balanced portrayal of alcohol consumption and its outcomes in the media,
together with the protection of young people from product promotion or media
influences, which may encourage them to drink alcohol prematurely or to excess
in later life.
For example, research the possibility of reducing alcohol advertising in the cinema, particularly in relation to films with certificates permitting under 18s to attend.
An
annual campaign involving television and other media, posters and leaflets.
Strengthening alcohol education for young people through specific guidance to schools; the development of parent education initiatives; an audit an update of alcohol teaching materials; an evaluation of alcohol education methods and recommending most effective practice; an enhancing the role of youth work in alcohol education.
Establishing a network of major employers to develop flagship alcohol education programmes, increase the number of employers with effective policies, and develop ways of accessing those not in full time employment.
The
enhancement of the Alcohol & Drug Service in order to ensure that a full
range of treatment is available to those with multiple needs, such as mental
health problems, illicit drug misuse and social problems.
Support for he General Hospital to develop a strategy for detecting and responding to alcohol problems. The promotion of minimum service standards, to ensure that practitioners in a variety of settings are able to offer treatment and support to problem alcohol users.
Further develop specialist and generic training.
The active
promotion of a proof-of-age scheme (most likely the States Identity Card).
Systems need to be established to monitor the impact of changes to licensing laws.
Research needs to be conducted on the feasibility of introducing a set of annual returns for all licence holders which can be centrally collated and analysed.
Taxation and Prices
Equalise taxation rates on alcohol. This will address the anomaly that currently exists whereby a unit of alcohol in beer is cheaper than a unit of alcohol in spirits[13]
Review the
licensing (Jersey) Law 1974.
The creation of a system of two licences – a premises licence and a personal licence – to be granted by the Licensing Assembly.
The Licensing Assembly to have responsibility for monitoring continued eligibility for the personal licence attached to the licensee.
A review of
the permissible level of alcohol in the blood when driving from 80 mgs to 50
mgs of alcohol per 100 mls of blood.
A review of the content and interpretation of the advertising codes in order to reduce the numbers of advertisements likely to appeal to young people, the establishment of independent monitoring and adjudication arrangements to regulate sponsorship, packaging an merchandising of alcoholic drinks, with a view to protecting the young.
2nd April 2003
[1]
Imperial College of Medicine, ‘Responding
to drug and alcohol use in Jersey’, 2000.
[2]
University of Bristol / Public Health
Services, Jersey Health Survey, 1999.
[3]
Regularly consuming over 4 units per day
for males or 3 units per day for females is considered harmful use. (A unit is
the equivalent of half-pint of ordinary strength beer/cider, or a small glass
of table wine, or one pub measure of spirits.)
[4] Imperial College Report ‘Responding to drug
and alcohol use in Jersey’. p.98.
[5] Imperial College Report ‘Responding to drug
and alcohol use in Jersey’. p.100.
[6]
Regularly consuming over 4 units per day
for males or 3 units per day for females is considered harmful use. The Portman
Group . (A unit is the equivalent of half-pint of ordinary strength beer/cider,
or a small glass of table wine, or one pub measure of spirits).
[7] Responding to drug and alcohol use in
Jersey. Section 2. Pp 19-29.
[8] A Picture of Health in Jersey 2000 pp.
58-62.
[9] At present the duty on one unit of alcohol
for spirits equates to 17p, whereas the duty on beer is 7p per unit.
[10]
Figures for Jersey are adjusted to
account for seasonal flows of tourists and workers, as well as spirits exports.
European data are not adjusted.
[11] Figure for Guernsey is for 1997.
[12]
The term ‘pure alcohol’ is used to
describe a standardised measure allowing the consumption of spirits, wines and
beers to be aggregated or compared.
[13] At present the duty on one unit of alcohol
for spirits equates to 17p, whereas the duty on beer is 7p per unit.