Under 21s to be banned from buying alcohol in off licenses?

A proposal to ban under 21s from buying alcohol in supermarkets and other off licensed premises while continuing to allow those aged 18 and over to buy and consume alcohol in pubs is one of the more radical measures proposed in a new Framework for Action published by the Scottish Government, which is under the control of the Scottish National Party. Other proposals include minimum pricing of alcohol and separate drinks departments in supermarkets. Launching the discussion paper, Cabinet Secretary for Health and Wellbeing Nicola Sturgeon said:

"People across all sections of society, of all ages, are drinking ever greater quantities of stronger alcoholic drinks. It should come as no surprise that alcoholrelated health problems have risen hand-in-hand with this increased consumption.

"The cost of alcohol misuse to our health service, our justice services and our economy is enormous and growing. The cost to our families, our communities and our society is incalculable.

"Now is the time for action to defuse the health timebomb alcohol misuse is storing up for the future.

"We believe that by raising the age for off-sales purchase of alcohol to 21, together with better enforcement, we will reduce excessive consumption among young people.

"Setting a minimum price for a unit of alcohol will mean price better reflects the strength of alcoholic drinks. This will end the heavy discounting which allows strong drink to be sold cheaper than bottled water.”

Some of the Scottish Government’s plans have implications for policy in England. For example, it is difficult to see how setting a minimum price per unit of alcohol could work on only one side of the Scotland/England border. Indeed, soon after the launch of the discussion paper, supermarket chain ASDA threatened to undermine the plans by building distribution centres over the border in England and selling discounted drink on the internet. ASDA said there was nothing to stop it and other supermarkets putting up new warehouses in northern England and transporting alcohol to purchasers in Scotland.

Paul Kelly, ASDA’s Corporate Affairs Director, said:

"The big point here is that these measures will actually hurt the poorest. Low income Scottish consumers will pay for this. These plans could create two classes of customer, some who are reliant on the local supermarket because they use cash and others who will get deals over the internet....... It is about a £10,000 a year person being punished for wanting to have a drink at the end of a week. That is the unintended consequence of what is being proposed."

However, a spokeswoman for the Scottish Government said ASDA's comments simply "strengthened the case for government action" against irresponsible promotions and pricing. She added: "We encourage the UK Government to follow our lead and take action on cheap alcohol across the country. High-strength, low-cost alcohol is not a right. It's fuelling the damage to our communities, costing over £2 billion a year and having a huge effect on our health service and criminal justice system."

In response to ASDA's threat to undermine the Scottish government's alcohol strategy, Jack Law, chief executive of Alcohol Focus Scotland, the Scottish national charity on alcohol issues, wrote a hard-hitting letter to the newspaper Scotland on Sunday in which he described ASDA's stance as just "the latest in a series of actions by the supermarkets which leads us to question their attitude to the retailing of alcohol". He continued: “The sale of alcohol is not a simple transaction between the buyer and seller. All of us are affected by our problem drinking culture. The Government's approach recognises that when we talk about selling alcohol we are talking about more than price - we are talking about the nation's health and wellbeing and a positive future for our children. This is about more than ASDA's profits. “The evidence that increasing price reduces consumption is clear. At a population level, this approach works. But this isn't the blunt instrument which your article suggests. The two most price sensitive groups are young people and heavy drinkers - two of the key groups for the Scottish Government's alcohol strategy. “Publicans, producers and some retailers have publicly expressed concern about cheap alcohol, yet one of the supermarkets is once again denying that their retail practices are contributing to the problem. We would wish to have the same mature dialogue with our supermarkets about Scotland's alcohol consumption as we have had with our pubs and clubs, but none of the supermarkets have taken steps to end cheap price promotions voluntarily so the Scottish Government has been left with no option but to use legislation. “Alcohol is a different type of product to anything else on the supermarket's shelves which is why a licence is required to sell it and has been for over 200 years. In Scotland we updated our licensing laws two years ago and the Act comes into force in 2009. Protecting public health is one of the key objectives of the new legislation. “Holding a licence is a privilege, not a right. Privileges carry responsibilities and views such as these do little to make us feel confident about the willingness of supermarkets such as ASDA to meet them. “The Scottish Government has sparked off a national debate about alcohol. Parliament has already passed a Licensing Act banning price based promotions in pubs and we now have a consultation on the same measures in off-sales. People will express their views over the next 3 months. We would urge ASDA to pay heed to the views of the population and our elected representatives and to comply with the spirit and the letter of the law.” Jack Law Chief Executive, Alcohol Focus Scotland

‘Crusade’ controversy

The proposals were immediately condemned by the opposition parties and representatives of the alcohol industry and business organisations. Critics condemned it as illogical to ban under 21s from buying alcohol in off licenses as long as the age to enter a bar or pub remained at 18. It would mean, they said, that young people who were entitled to vote, marry, drive, buy cigarettes and fight in the armed forces would not be able to drink at home. However, the Framework for Action was launched in Armadale, West Lothian, which had recently run a successful six-week pilot in which the purchase of off-sales alcohol was restricted to over-21s at weekends. It is reported that the trial resulted in reduced levels of antisocial behaviour, youth drinking and vandalism.

Critics also questioned whether all the proposals were legal, in particular the plan for minimum pricing which has already been questioned by the Office of Fair Trading as possibly inconsistent with competition law.

An important indication of the potential legal complications surrounding attempts to set minimum prices and restrict special cheap alcohol promotions is that the British Beer and Pub Association has told the government it has decided to withdraw its guidance on ‘happy hours’ over fears that administering the rules could breach competition laws.

After the suspension of the guidance, pubs and clubs will have independently to decide whether to avoid certain ‘irresponsible’ promotions, rather than sign up to common standards.

The BBPA said it will continue to encourage its members to act responsibly. But it feared the standards would have been written into agreements between authorities and pubs when most licences were reviewed in 2008. The decision to withdraw the common standards is a particular setback for ministers as they near the conclusion of a crossdepartmental review of ways to tackle cut-price alcohol and drinks promotions. It is reported that implementing several options favoured by ministers, including setting a minimum price for a unit of alcohol, may pose significant legal challenges. Some retail and pub industry insiders argue that implementing such restrictions while complying with competition law is all but impossible.

An independent review of the link between drinking behaviour, pricing and promotions by Sheffield University is awaited.

Labour attack

The Scottish Labour Party accused the SNP Government of being in ‘crusade mode’ over alcohol. Labour’s Pauline McNeill criticised, in particular, Kenny McGaskill, the Justice Secretary, for comments in which he likened policies on alcohol harm reduction to the campaign against child pornography. Ms McNeill complained that no attempt had been made to achieve a crossparty consensus on the alcohol issue, and said that Labour did not want to be part of a crusade. Shona Robison, the Public Health Minister, said the government was not against alcohol, only alcohol abuse.

Doctors’ support

However, The British Medical Association in Scotland welcomed the proposals, which they said appeared to reflect some of the key recommendations in its own publication Alcohol Misuse: tackling the UK epidemic. The BMA commented that while past approaches to tackle the problem “led to increased consumption levels and alcohol-related problems and demonstrated a failure in the political drive to improve public health and order”, the new consultation document seeks to reverse that approach and outlines a number of bold strategies that will, if developed in partnership and appropriately resourced, help to turn around our relationship with alcohol.

The BMA particularly welcomed efforts to address the pricing of alcohol. Since 1997, taxes on wine and beer in the UK have only increased in line with inflation while taxes on spirits have not increased at all. There was strong and consistent evidence that price increases result in reduced consumption. The government needs to act on this evidence. "The BMA has been calling for an end to irresponsible promotional activities such as deep discounting, loss leading and ‘two-for-one’ offers. This encourages excessive drinking and retailers must be more responsible about how they market alcohol, particularly those drinks that are most attractive to teenagers.

"Mass public awareness campaigns may be politically attractive and increase knowledge about alcohol misuse but they are very expensive and ultimately ineffective if unsupported by broad based policy. Targeted approaches are vital, including measures to reduce alcohol availability and thus consumption by young people and children. "We welcome the suggestion of raising the purchase age for off sales to age 21. However, this move will only be effective if it is rigorously enforced."

The proposals

The Framework for Action sets out the Scottish Government’s strategic approach to tackling alcohol misuse, which it says is no longer a marginal problem, nor one that affects only binge drinkers or those who are dependent on alcohol.

Increasing trends in alcohol consumption mean that many Scots are now drinking above `sensible guidelines’. The paper says that over recent years, increased consumption has been influenced by factors such as a decline in the relative cost of alcohol, increased availability, and changing cultural attitudes. To deliver the long-term sustainable change required, it is essential that Government works in partnership with a wide range of partners.

Based on knowledge and understanding of alcohol misuse, its drivers, and evidence-based interventions, the discussion paper says that sustained action is required in four broad areas:

• reduced alcohol consumption

• supporting families and communities

• positive public attitudes towards alcohol and individuals better placed to make positive choices about the role of alcohol in their lives

• improved support and treatment for those who require it

The Framework for Action sets out measures to reduce alcohol-related harm in Scotland, forming the basis of a comprehensive strategic approach. The discussion paper is in the form of a consultation document on which the views of stakeholders and the general public are being sought. In particular, the Government is seeking views on:

• further action to end irresponsible promotion and belowcost selling of alcoholic drinks in licensed premises

• the introduction of minimum retail pricing of alcohol

• what particular information parents would find helpful in relation to alcohol

• raising the minimum purchase age to 21 in off-sales

• the introduction of a 'social responsibility fee' applied to some alcohol retailers to offset the costs of dealing with the consequences of alcohol misuse

• further restrictions on promotional material in licensed premises

• the desirability of separate checkouts for alcohol sales

The consultation period will run until 9 September.

Following the consultation, the Scottish Government envisages legislating in time for many of the measures to coincide with the new Scottish Licensing Act coming into force on 1 September 2009.