State proposes tough alcohol control rules

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Trade and Industry Minister Rob Davies yesterday, 3 October 2016, launched a draft liquor policy paper, a draft Liquor Amendment Bill and a draft Gambling Amendment Bill for public comment in the next 45 days. Cabinet adopted the proposals two weeks ago and Davies encouraged vigorous public debate on the proposals. The liquor industry's Association for Responsible Alcohol Use said it would comment today.

Also proposed is that the manufacturers and suppliers of liquor face civil liability when alcohol is a factor in incidents which cause damage involving costs. The onus will shift to them to prove that they took reasonable steps to ensure that their liquor was not supplied to an illegal or unlicensed outlet.

The onus will also shift to a supplier who sells alcohol to a visibly intoxicated drinker who commits an offence. Suppliers will have to show why they should not bear the costs arising out of the offence. Davies believed the creation of this civil liability would assist with enforcement especially as criminal sanctions, were difficult to enforce.

He said that currently the state bore costs of offences like hospital and medical expenses. The total cost to the state of alcohol-related events is estimated to be R37.9bn a year.

The world average for alcohol consumption is 52%, while for SA it is 60%. The average yearly consumption per person in SA is between 10l and 12.4l compared with the world average of 6.2l. Cases of foetal alcohol syndrome in the country were also much higher than in the rest of the world. 41% of all injury-related cases were associated with the consumption of alcohol.

Drastic measures were required to combat abuse, Davies said, while conceding that the sector created jobs and contributed to GDP.

Regarding youth, he said there was evidence to show that the brain only became fully developed in the mid-20s and that alcohol abuse had a more damaging effect on a brain that was not fully developed than on a fully developed one. Retailers will be required to request proof of age from young people.

Advertising which targeted the youth would be prohibited as there was evidence to suggest that this did encourage drinking, Davies said. Adverts would also have to mention the harmful effects of alcohol. Regulations would specify the timing and content of liquor advertisements and no billboard adverts would be allowed in high-density public spaces.

Norms and standards would be set for provinces which would limit the granting of liquor licences to outlets closer than 500m from schools, recreation facilities and places of worship. In highly urbanised areas or where licences had already been granted provinces would have the obligation to impose stricter licence conditions in terms of business hours, noise pollution etc.

With regard to the gambling amendments, Davies said the National Gambling Board would become the National Gambling Regulator, located in the Department of Trade and Industry. Additional restrictions will be placed on gambling advertising and a prohibition on unsolicited messages.

A maximum number of licences and outlets for electronic bingo will be set in the bill. An online gambling inspectorate will also be created.

Source: Business Day