Government climbs down - the problem with alcopops is stirred but not shaken

Threats to the alcohol industry that if it did not clean up its act in regard to alcopops the Government would do it for them were exposed largely as bluff when the much heralded Government crack-down gave the industry yet another last chance to 'prove that self-regulation works'.

Critics, including the Institute of Alcohol Studies, welcomed some of the moves but said they did not go far enough and relied too heavily on self-regulation by the alcohol industry. This had already been shown to be ineffective.

The Government has placed the onus on retailers to control alcopops, whilst refraining from any direct sanctions on producers. Bass continues freely to advertise Hooch on Television.

Professor Brian Pritchard, Chairman of the Institute of Alcohol Studies, commented: 'It is inappropriate for alcopops to be advertised on TV particularly when the viewers will include a substantial number of children and young people. The Government should have declared its intentions to ban such advertising.'

The package of measures announced by the Ministerial Group on Alcopops is designed to reinforce the stronger code on alcohol marketing drawn up by the alcohol industry's Portman Group. The main measures are bringing into force the Act, introduced under the previous Government, to allow the police to confiscate alcohol from under-18's drinking in public; clarifying the law to allow under-18's to attempt to buy alcohol in order to help the police detect retailers who are selling illegally and making it an offence for adults `to buy alcohol from a shop or off-licence at the request of an unsupervised youngster'. This last measure will bring English and Welsh law into line with Scottish law.

Ministers welcomed the cash support pledged by the alcohol industry to extend the existing proof of age card scheme. They hope that the extended scheme will effectively make the proof of age card essential for 18-20 year olds who want to buy alcohol.

Home Office Minister George Howarth, chairman of the Ministerial Group on Alcopops, said: 'The Government is determined to do all it can to tackle alcohol abuse by young people. The Portman Group's new tougher Code of Practice takes on board our demands for additional controls on the marketing and promotion of alcohol. The whole industry must now prove that self- regulation works.

This action, and steps taken by individual companies, goes a long way towards meeting our concerns about alcopops and the wider problem of irresponsible underage drinking. Our proposals will reinforce their action.

'It is vital that retailers play their part by not selling alcohol to under 18s. And we are taking steps to bring law-breakers to justice with the help of teenage 'alcocops' working under close supervision of the enforcement authorities. Widening the 'Prove-It' scheme will help ensure that the law is upheld. However, if these measures fail to curb the problem then the Government will take further steps.'

The Ministerial Group will meet in the autumn to monitor progress and will review the effectiveness of self-regulation after 12 months.

Magistrates respond to Government

At the request of the Government, the Magistrates' Association and the Justices' Clerks' Society issued a joint statement urging all Licensing Committees to adopt a code of practice or policy statement dealing specifically with the question of under -age drinking.

The Joint Statement also suggested that applicants for licences should be asked about their willingness to uphold the legal requirements and that, in particular they should be encouraged to adopt a proof of age scheme; to attend a British Institute of Innkeeping course or one of like standard and to adopt the Portman Group Code of practice. The Statement added that where appropriate, Committees should consider whether conditions can be attached to the grant of a licence to ensure that these objectives are achieved.

However, the Statement by the Magistrates' Association prompted a sceptical reaction from critics of the Government's policy. They argued that the Statement was little more than wishful thinking. It was being said that retailers stocking products ruled out of order under the Portman Group Code could be required to 'explain themselves' to the licensing justices. But as the Code was that of a trade association and entirely voluntary, it had no status in law. Thus, if a retailer refused to take products off his or her shelves, there was still nothing the licensing justices could do about it.

I.A.S. Director Derek Rutherford commenting on the announcement criticised the Ministerial Group for `passing the buck'. He said: `Whilst we welcome measures which help to enforce the law to curb under age drinking and protect minors, we believe that the proof of age scheme together with the code of practice should have been made mandatory if it is to have the desired impact.

The buck has been passed to the retailers to act responsibly. The retailer is to be hauled before the courts to answer the question why his shelves contain alcopops which have been declared irresponsible by the Portman Group. Yet it is the Portman Group's paymaster who has committed the primary offence in producing the socially unacceptable drink. The Minister has ignored the demands of a substantial number of his own backbenchers who have called for 'stringent statutory controls'.