Overview and Scrutiny - Improving Services for the Community MINIMUM PRICING OF ALCOHOL JOINT SCRUTINY REVIEW FINAL REPORT Minimum Pricing of Alcohol Scrutiny FINAL REPORT (Version 2) Page 1 of 19 10th January 2011 Blackpool Council Overview and Scrutiny - Improving Services for the Community CONTENTS PAGE 1.0 Foreword by Chairman 2.0 Background Information 4-5 3.0 Methodology 6 4.0 Detailed Findings and Recommendations 7 - 15 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 5.0 3 The National Picture The Local Picture General conclusions Minimum Pricing of Alcohol Licensing Legislation and Strengthening of Licensing Role Education Advertising Taxation Final Report Distribution Financial and Legal Considerations Action Plan Appendix A Appendix B 16 17 - 19 Working Group Meetings Research Information Minimum Pricing of Alcohol Scrutiny FINAL REPORT (Version 2) Page 2 of 19 10th January 2011 Blackpool Council Overview and Scrutiny - Improving Services for the Community 1.0 Foreword In November 2009, Blackpool’s Director of Public Health presented Blackpool Council’s Health Overview and Scrutiny Committee with an update on the Joint Strategic Needs Assessment. The report highlighted that alcohol related issues continued to be a major determinant in people’s health in Blackpool and suggested that the introduction of a minimum pricing scheme would lead to dramatic long term improvements. He considered that a Scrutiny Review would be of great benefit in providing democratic input into the debate. The Committee agreed to formulate a Working Group to investigate the feasibility and impact of a minimum pricing scheme and to invite Members of neighbouring authorities to join in the review. At the same time, a successful application was made to the Centre for Public Scrutiny who agreed to support the review as one of the sponsored health inequalities scrutiny development areas. The scrutiny started in March 2010 and the Working Group consisted of Members of Health Scrutiny Committees from Blackpool, Blackburn with Darwen, Cumbria and Lancashire. During the review it became evident that each area had similar alcohol related issues to varying degrees. At the outset, all Members of the Working Group were keen to approach the review without preconceived ideas. A series of meetings were held where representatives were invited to present evidence and opinions on the feasibility and impact of introducing minimum pricing. The Working Group was committed to considering evidence and opinions from individuals and organisations both for and against the introduction of minimum pricing to ensure a balanced review. A public consultation event took place in October 2010 which enabled the Working Group to gauge opinion on how alcohol pricing could be used to help reduce harmful drinking and its effects, from a wider range of stakeholders. The event enabled all attendees to enter into the debate and to identify ten priority areas to resolve alcohol related issues. This has been a comprehensive and thorough review and I would like to take this opportunity as Lead Member to thank all the Councillors from all four authorities for their valuable input. I would also like to thank all the individuals who took the time to attend meetings and/or provide written evidence for the review. I would also like to extend my appreciation to everyone who gave up their time to attend the stakeholder event and for their immense contributions that made the event the success that it was. Finally, I would like to thank Sheila Marsh and Su Turner from the Centre of Public Scrutiny and Scrutiny Officers from the four authorities for their support during the review. Councillor Sue Fowler, Chairman of Blackpool Council’s Health Overview and Scrutiny Committee Minimum Pricing of Alcohol Scrutiny FINAL REPORT (Version 2) Page 3 of 19 10th January 2011 Blackpool Council Overview and Scrutiny - Improving Services for the Community 2.0 Background Information 2.1 At Blackpool Council’s Health Overview and Scrutiny Committee meeting on 3rd November 2009, the Committee received an update from Blackpool’s Director of Public Health on the Joint Strategic Needs Assessment for the area. The report highlighted the health inequalities issues associated with alcohol, with Blackpool having some of the highest levels of alcohol related harm in the country. It was indicated that, if introduced, minimum pricing would be the single biggest contributor towards the reduction in alcohol related health inequalities. 2.2 The Committee agreed to formulate a Working Group to conduct more in depth investigations into minimum pricing with a view to raising its profile both locally and with Central Government. The Committee also agreed to invite Members of neighbouring authorities to join the Working Group as it was suggested that it might strengthen any conclusions from the review if they were made on behalf of a joint consortium. 2.3 The Working Group comprised of four Members of Blackpool Council’s Health Overview and Scrutiny Committee, three Members of Blackburn with Darwen Borough Council’s Health and Social Care Overview and Scrutiny Committee, two Members from Lancashire County Council’s Health Scrutiny Committee and two Members from Cumbria County Council’s Health and Wellbeing Scrutiny Committees. 2.4 The review was supported throughout by the Centre for Public Scrutiny, as a result of a successful bid to become a Health Inequalities Scrutiny Development Area in January 2010. The award provided the opportunity to develop and test a resource kit for scrutiny committees across the country as well as helping to tackle a health inequality. The successful bid attracted funding which was used for the public stakeholder event. Additional support was given in the form of expert advisers from the Centre for Public Scrutiny. During the scrutiny, two review sessions were held to discuss learning points from the review and these would be used to input to the scrutiny resource kit. 2.5 During the initial scoping meeting it was agreed that the purpose of the review would be as follows: 2.6 To gain a better understanding of the advantages and disadvantages of minimum pricing of alcohol as a tool to reduce harmful drinking; To explore whether and how minimum pricing might be applied at local level and with what effect; To use the results of the review to provide information to the public and to increase the debate on harmful drinking locally; and To feed into national and regional strategy on alcohol minimum pricing from a local perspective. The review would take account of analysis work already undertaken. It would also consider the feasibility and the benefits and pitfalls of introducing minimum pricing both locally and nationally. It was agreed that an important aspect of the scrutiny would be the exploration of the views of the on and off trade, as well as public opinion. Minimum Pricing of Alcohol Scrutiny FINAL REPORT (Version 2) Page 4 of 19 10th January 2011 Blackpool Council Overview and Scrutiny - Improving Services for the Community 2.7 At the outset, it was intended that the review would be in the format of an evaluation and consultation exercise on the feasibility and impact of introducing minimum pricing as an effective tool to reduce harmful drinking. The conclusions from the review would then be fed into Central Government. However, during the course of the review, the Working Group recognised that there was no single solution to resolving the escalating problem of harmful drinking and its effects, and agreed to widen the scope to include other areas in addition to pricing. The specific areas covered within the review were taxation, licensing legislation and the licensing role, education and advertising. 2.8 The Working Group considered a wealth of information from a variety of stakeholders which included Directors of Public Health, Police, Trading Standards, representatives from the licensing trade, a community support group and research information from Our Life and the North West Public Health Observatory (NWPHO). Further information on the meetings that took place and the consultees can be found in the Methodology section of the report. 2.9 Due to the topical nature of the review, Members were constantly mindful of the increasing national debate on the issue, particularly from Central Government and leading supermarkets and as a result of the publication of the Scottish Parliament’s Alcohol Bill. They also considered guidelines published by the National Health and of Clinical Excellence (NICE) on harmful drinking. The Working Group was aware of the action being taken by the Association of Greater Manchester Authorities (AGMA) and subsequently Cheshire and Merseyside Local Authorities in exploring the option of introducing a bylaw for minimum pricing. 2.10 The review culminated in a large public consultation event to engage a wider range of stakeholders. The Working Group paid particular attention in ensuring that invitations to the event were extended to people from all sections of the community and local businesses. In excess of 80 people attended the event which was in an ‘Open Space’ format. This gave everyone the opportunity to provide input into the debate and to highlight the top ten priority actions needed to address harmful drinking and its effects. The results of the stakeholder event were considered by the Working Group when making its recommendations for the final report. Minimum Pricing of Alcohol Scrutiny FINAL REPORT (Version 2) Page 5 of 19 10th January 2011 Blackpool Council Overview and Scrutiny - Improving Services for the Community 3.0 Methodology 3.1 During the review, the Working Group held a series of meetings to gather information and evidence on minimum pricing of alcohol as an effective tool to address the growing problem of harmful drinking and its negative effects on individuals and society as a whole. 3.2 Invitations to attend meetings were extended to both supporters and objectors to the introduction of a minimum price for alcohol to ensure all views were taken into consideration. 3.3 Members were careful to consider evidence both for and against minimum pricing to ensure a balanced review. 3.4 Information on the attendees and purpose of each meeting is listed at Appendix A. 3.5 Details on all the individuals and organisations that fed into the review and research documents used are listed at Appendix B. Minimum Pricing of Alcohol Scrutiny FINAL REPORT (Version 2) Page 6 of 19 10th January 2011 Blackpool Council Overview and Scrutiny - Improving Services for the Community 4.0 Detailed Findings and Recommendations 4.1 The National Picture 4.1.1 Research undertaken by North West Public Health Observatory (NWPHO) demonstrated the effects of alcohol on mortality, highlighting that it contributed to 3.5% of all deaths. Surveys had shown that 35% of men and 25% of women currently exceeded the recommended alcohol weekly limits. 4.1.2 Alcohol-related harm is estimated to cost society between £17.7 billion and £25.1 billion per year with 11-17 million working days lost annually as a result of alcohol. 4.1.3 It costs the NHS in England up to £2.7 billion a year to treat the chronic and acute effects of drinking. It is also estimated that up to 35% of all emergency department attendances and ambulance costs are alcohol-related. In the last five years there has been a 69% increase in alcohol related admissions. 4.1.4 The recently published White Paper1 cited alcohol consumption as a contributory factor in premature deaths. It highlighted that around one in three young adults drink to the point of drunkenness, the highest rates among any age group. Accidents due to alcohol (including drink driving accidents) are the leading cause of death of 16-24 year olds. The majority of the population either do not drink alcohol or do so within the recommended lowest limits. However, regular heavy drinking is leading to a rapid rise in liver disease, which is now the fifth biggest cause of death in England. 4.2 The Local Picture 4.2.1 Research undertaken by Our Life showed that 9 out of the 20 Primary Care Trusts with the highest rate of alcohol-related hospital admissions were located in the North West. 4.2.2 The North West has the highest number of long term sickness and absence from work as a result of alcohol compared to the rest of the UK. 4.2.3 Blackpool has some of the highest levels of alcohol related harm in the country with an estimated 40,000 residents drinking at hazardous or harmful levels, equating to 28% of the adult population. In 2006, 3,300 people in Blackpool aged 18-44 had an alcohol related admission to Accident and Emergency. The average annual incidence of hospital admissions in Blackpool primarily caused by alcohol had increased from 965 during 2000-2005 to 1,481 by 2006. A total of 70% of patients were aged 35 -64 and cases of advanced liver disease are increasing in even younger age groups. 4.2.4 In Blackpool, alcohol is a factor in more than three quarters of domestic violence incidents and is a major contributory factor in violent crime. Blackpool has over 1,900 on licensed premises and approximately 180 off licences. The off-licences are mostly concentrated within deprived wards, in one of which alcohol related 1 Healthy Lives, Healthy People: Our Strategy for Public Health in England published 30th November 2010 Minimum Pricing of Alcohol Scrutiny FINAL REPORT (Version 2) Page 7 of 19 10th January 2011 Blackpool Council Overview and Scrutiny - Improving Services for the Community deaths are the highest, having one off licence for every 250 people (including children). 4.2.5 Although the above statistics relate to Blackpool, other areas within the North West face similar problems to varying degrees. 4.2.6 Cumbria’s recent Public Health Annual Report shows that there are 4,700 primary school children drinking alcohol each week, whilst Blackburn with Darwen’s two wards with the highest number of alcohol-related hospital incidents were also the two most deprived wards in the Borough. Data received from schools in the North West revealed that 28.3% of 15 -16 year olds purchased their own alcohol. 4.3 General conclusions 4.3.1 There is clear evidence that alcohol related issues are increasing both nationally and within the North West. There is a general consensus that action(s) need to be taken to address the problem but there are differing views on what those action(s) should be. 4.3.2 At the outset of the review, the aim of the Working Group was to explore if the introduction of a minimum price for alcohol would be an effective tool to reduce harmful drinking and its effects within the local area. Throughout the review, the Working Group continually reviewed its aims and the evidence it required in light of the change in political landscape and the increasing focus on the topic from the political arena, organisations and the media. Members also consulted with a wide range of organisations and public bodies to ensure that due consideration was given to all the evidence both for and against the introduction of a minimum price of alcohol. The review culminated in a large stakeholder event that enabled the general public, many of whom were of school age, to contribute to the debate. 4.3.3 After careful consideration of the wealth of evidence and opinions presented throughout the review, Members agreed that a number of actions would be required to fully address the issue rather than a single solution. 4.4 Minimum Pricing of Alcohol 4.4.1 There is growing support for the introduction of a minimum price per unit of alcohol to combat the escalating problems of alcohol abuse and its effects on individuals and society as a whole. Alcohol has become much more affordable in recent years as incomes have risen much faster than the price of alcohol. There is also strong evidence to suggest a link between the price of alcohol and alcohol consumption. The recently published White Paper 1cited alcohol consumption as a contributory factor in premature deaths. 4.4.2 Over the years, a gradual change in culture within society has led to alcohol consumption, including binge-drinking becoming socially acceptable. There is also evidence to suggest a significant amount of pre-loading (people drinking prior to going out for the evening) takes place, particularly with young people, as a result of 1 Healthy Lives, Healthy People: Our Strategy for Public Health in England published 30 th November 2010 Minimum Pricing of Alcohol Scrutiny FINAL REPORT (Version 2) Page 8 of 19 10th January 2011 Blackpool Council Overview and Scrutiny - Improving Services for the Community cheap alcohol purchased from off licence retailers. There is also strong evidence that drinks promotions incentivise people to drink more alcohol. 4.4.3 Regional Directors of Public Health have been actively promoting the initiative as they consider that the introduction of a minimum price of 50 pence per unit of alcohol would have a significant impact on reducing alcohol consumption which in turn would reduce health harm, crime, lost productivity and unemployment. A minimum price of 40 pence per unit had been considered but discounted due to it having a lesser impact on reducing alcohol consumption. Blackpool in particular has a high density of off-licences competing for alcohol sales which has resulted in low prices. 4.4.4 Lancashire Constabulary confirmed its support for an increase in price and suggested that the increase would need to be significant in order to make a positive difference and not to exacerbate the problems associated with heavy drinkers. Blackpool Council’s Head of Quality Standards expressed his support for the introduction of a minimum price and his view that there was a correlation between the price of alcohol and alcohol consumption. He also refuted claims that minimum pricing would affect moderate drinkers and suggested that the groups most affected would be young binge drinkers and low income heavy drinkers. 4.4.5 There is wide ranging support for minimum pricing from the on licence traders due to the view that the current pricing structure creates a significant price differential between on and off trade retailers leading to more alcohol being consumed off licensed premises. This results in people, including the most vulnerable in society, consuming more alcohol in an unsupervised environment with the retailer having no responsibility for the alcohol after purchase. Evidence presented by a representative from a local alcohol recovery service supported the introduction of a minimum price of alcohol. This was due to experience showing that alcoholic dependant individuals generally tended to purchase alcohol from local retailers and their drink of choice was based on strength and price as opposed to taste. 4.4.6 Towards the end of the review, a public consultation event was held to gauge stakeholder and public opinion on the use of pricing to address the effects of harmful drinking. The event included a wide range of representatives from the licensing industry, public bodies including health professionals, the general public invited through the various Local Involvement Networks and a large number of young people aged between 14 and 19. At the event, 63% of attendees considered that cheap alcohol increases harmful drinking and its negative effects with 39% considering that price regulation would help to address the problem. 4.4.7 NICE issued a publication in June 2010 – ‘Alcohol – use disorders: preventing the development of hazardous and harmful drinking’ which listed as one of its recommendations the consideration of introducing a minimum price per unit at a level determined by taking into account the health and social costs of alcoholrelated harm and its impact on alcohol consumption. It also recommended a review of excise duty to obtain a pan-EU agreement linking alcohol duty to the strength of the product. 4.4.8 As minimum pricing has not been trialled anywhere in the World, there is no firm concrete evidence of its impact. Although it has been suggested that Social Reference pricing in Canada is similar to minimum pricing, there are differences, the main one being that it was not introduced for health reasons. Minimum Pricing of Alcohol Scrutiny FINAL REPORT (Version 2) Page 9 of 19 10th January 2011 Blackpool Council Overview and Scrutiny - Improving Services for the Community 4.4.9 The main argument against the introduction of a minimum price is that it unfairly penalises the majority of sensible drinkers and the poorer members of society, whilst delivering greater profits to larger retailers. In addition, the pattern of alcohol consumption compared with an increase in alcohol related crime in recent years suggests that the problem rests with particular groups rather than alcohol consumption levels. There were also concerns that heavy drinkers, rather than be deterred by an increase in price, would be more likely to find other ways of obtaining alcohol, potentially through illegal means, although there was no evidence to support this. Opponents to minimum pricing considered that other more effective measures should be taken to address the issue of alcohol abuse and its negative effects. 4.4.10 In November 2010, Members of the Scottish Parliament passed an alcohol bill which will see a ban on quantity discounts and restrict alcohol promotions in off sales, although it rejected the proposal to introduce a minimum price per unit of alcohol. 4.4.11 Central Government has not expressed support for minimum pricing to be introduced at a national level, despite a significant amount of lobbying by the Directors of Public Health and other organisations. However, the recently published White Paper 1 stated the Home Office’s commitment to implementing a ban on below cost selling. 4.4.12 In light of the lack of support from the Coalition Government on a national policy for minimum pricing, another option that has been considered is to recommend to the Secretary of State that a regional bylaw be introduced. 4.4.13 Currently the Association of Greater Manchester Authorities (AGMA) is exploring the feasibility of introducing a bylaw to allow a minimum price of alcohol to be set locally. Cheshire and Merseyside Local Authorities have also endorsed recommendations to set a minimum price of 50 pence per unit of alcohol and are working with colleagues in Greater Manchester to discuss a co-ordinated approach across the region. 4.4.14 The Working Group considered the bylaw option at length, however, it expressed serious concerns that this could potentially lead to cross border trading and unfair competition although accepted that this would be mitigated by a number of neighbouring authorities supporting the bylaw. There are also concerns that a bylaw could contravene existing national law on price fixing and clarity on this would need to be sought prior to recommending this course of action. Whilst the EU Commission guidelines suggest that a bylaw might be possible if introduced on health grounds, this has not yet been tested. Recommendation 1 To recommend to Central Government that a minimum price of 50 pence per unit of alcohol be implemented nationally. 1 Healthy Lives, Healthy People: Our Strategy for Public Health in England published 30 th November 2010 Minimum Pricing of Alcohol Scrutiny FINAL REPORT (Version 2) Page 10 of 19 10th January 2011 Blackpool Council Overview and Scrutiny - Improving Services for the Community 4.5 Licensing Legislation and Strengthening of Licensing Role 4.5.1 During the course of the review, Members considered evidence from a representative of one of the largest operators of pubs and clubs in the UK on the impact of the introduction of the 24 hour opening for licensed premises as a result of the Licensing Act 2003. The evidence presented showed that customers spent the same amount of money over a longer period of time resulting in stretched resources for licensed premises and enforcement officers. Prior to the introduction of the Licensing Act 2003, the concerns regarding opening hours were centred around the number of drinks ordered at closing time and the conflict at that time between publicans and customers. However, generally this related to individuals wishing to extend their social evening rather than heavy drinkers and conflict was not considered to have been a major issue. 4.5.2 Evidence presented by Lancashire Constabulary during the review reported that alcohol was the drug that caused the most problems in relation to crime and disorder and that policing of alcohol related crime had been made more difficult, as a result of the extended opening hours. 4.5.3 Throughout the review, training was considered to be an essential tool in addressing alcohol related issues. Specific training was considered crucial for those responsible for the sale of alcohol, particularly within supermarkets. In addition, improved regular training for Elected Members responsible for enforcement action against individuals and/or companies breaking the laws on sale/purchase of alcohol was deemed essential. A representative from Blackpool’s Trading Standards reported that improved training and enforcement of penalties for supermarket staff could help to decrease the amount of alcohol sold to young people and/or alcohol purchased for onward sale to young people. A new measure introduced in Blackpool involving discreet fibre optic cameras for test purchasing had ultimately reduced the level of transgression suggesting that better detection, followed by enforcement, was an effective way of reducing underage alcohol sales. 4.5.4 There was strong evidence to suggest that stricter regulation of on licensed premises had increased alcohol sales from off licensed premises and that this was the area of most concern at present. This view was supported by the evidence of an increase in people being refused entry to pubs due to their intoxicated state, although it was noted that an element of this could be attributed to improved security. 4.5.5 Opponents to the minimum pricing of alcohol considered that better enforcement of existing laws such as underage sales and pubs serving people already intoxicated would be a much more effective tool to combat alcohol related issues. At the public stakeholder event, improved local authority control over licences and a return to the former opening hours were listed as two of the top ten priorities. 4.5.6 The recently published White Paper 1stated that in 2009/10 almost half of all violent crime was alcohol related. The Home Office is seeking to overhaul the Licensing Act to give local authorities and police stronger powers to remove licences from, or refuse licences to, any clubs, bars and pubs that are causing problems, close any 1 Healthy Lives, Healthy People: Our Strategy for Public Health in England published 30 th November 2010 Minimum Pricing of Alcohol Scrutiny FINAL REPORT (Version 2) Page 11 of 19 10th January 2011 Blackpool Council Overview and Scrutiny - Improving Services for the Community shop or bar found to be persistently selling alcohol to children and charge more for late night licences. 4.5.7 During the review Members considered the impact of an increase in the legal drinking age, but there was little evidence to suggest that this would reduce the levels of alcohol consumption and/or alcohol related issues. Recommendation 2 That Central Government be requested to review the existing licensing legislation to reduce the current extended opening hours. Recommendation 3 That Central Government be requested to review the existing licensing legislation to include compulsory training for all involved in the licensing industry with particular emphasis on the health impact of alcohol consumption. To include all individuals involved in the sale of alcohol and Elected Members with responsibility for enforcement action. Regular refresher training to ensure knowledge is kept updated with any changes, should also be introduced. Recommendation 4 That all North West Local Authorities that took part in the review, and with responsibility for licensing, be reminded to fully implement the existing laws relating to the sale of alcohol, with particular emphasis on underage sales and serving of alcohol to those already intoxicated. To also include more effective law enforcement for alcohol related crime and disorder issues. 4.6 Education 4.6.1 Throughout the review there was strong evidence from a wide spectrum of interested parties that a change in culture would be the main driver for a change in behaviour in relation to alcohol consumption. There was also a general consensus that education was key in bringing about a change in culture and behaviour. It was generally accepted that better and earlier education on the risks associated with excessive drinking would be beneficial. 4.6.2 Research has indicated that the majority of people consider alcohol to be ‘someone else’s problem’ and that the main concerns around alcohol consumption were related to crime and disorder rather than their own health. Our Life, the North West Campaign for well being and health, considered that legislation could be a driver for change, particularly when combined with education and information. 4.6.3 Evidence presented by Lancashire Constabulary indicated that the people who spent the most amount of money on alcohol were in the 16 – 20 age bracket. 4.6.4 NICE claims that there is limited evidence on the effectiveness of brief interventions for younger people under the age of 16, with some data suggesting there could be adverse outcomes. It also suggests that motivational interviewing (practitioner establishes client’s readiness to change and helps them make own decisions with regard to alcohol use) may not be appropriate for young people, who may not have the language skills and may also give the impression of choice. It also states that Minimum Pricing of Alcohol Scrutiny FINAL REPORT (Version 2) Page 12 of 19 10th January 2011 Blackpool Council Overview and Scrutiny - Improving Services for the Community many people benefit by health messages delivered by healthcare professionals who are not alcohol specialists, a view echoed by a representative from an alcohol support group and young people at the stakeholder event. 4.6.5 Guidance issued by the Chief Medical Officer for England in December 2009 recognised the significant influence that parents and carers have on how children approach alcohol. It also recognised a need for some flexibility in the way parents supervise children if a change in alcohol consumption among young people was to be achieved. It also suggested that a multi-faceted approach should be adopted to ensure that public services help parents and children make sensible choices about alcohol. 4.6.6 The Working Group heard evidence on the success of the ‘Think Family’ approach adopted by Blackburn with Darwen Borough Council. This approach works on the principle that children and young people have the greatest chance of improved outcomes when services are enveloped around the young person and their family. 4.6.7 A report from further education students aged between 16 and 19 years of age from a sixth form college within Blackpool suggested that there was a serious lack of structured curriculum on alcohol awareness within further education. This is a particularly significant period as students approach the legal age to purchase alcohol. Students in this age bracket need to be more aware of how much they are drinking and be given advice on how to drink safely with emphasis on short term rather than long term effects of harmful drinking. This is supported by NICE guidance stating that there is broadly positive evidence on the effectiveness of brief interventions from educational settings such as colleges and universities. 4.6.8 At the public stakeholder event, two out of the top three priorities identified related to better education within schools and increased parental responsibility for the alcohol consumed by children. 4.6.9 A study undertaken by the NWPHO had shown classroom education as being costly to implement with no evidence that it had any effect. 4.7 Advertising 4.7.1 Recent NICE guidelines have stated that there is a clear and consistent relationship between advertising expenditure and alcohol consumption across the whole population. Evidence has shown that alcohol advertising affects children and young people and that exposure to alcohol advertising is associated with the onset of drinking and increased consumption amongst young people who already drink. 4.7.2 Blackburn with Darwen Borough Council are targeting young adults with a hard hitting ‘know your limits’ campaign aimed at challenging attitudes in an attempt to make 18-24 year olds less accepting of drunken behaviour. A previous similar campaign led to 96% of 18-24 year olds being aware of the campaign, 67% thinking more carefully about their drinking behaviour and 65% agreeing that the campaign made them think about how much they drink on a night out. 4.7.3 The need for more negative publicity on the impact of alcohol was listed as the number one priority at the public consultation event that took place during the review. Minimum Pricing of Alcohol Scrutiny FINAL REPORT (Version 2) Page 13 of 19 10th January 2011 Blackpool Council Overview and Scrutiny - Improving Services for the Community 4.8 Taxation 4.8.1 The Working Group considered evidence for using increased taxation as an alternative to minimum pricing. Research undertaken by the NWPHO indicates that taxation is highly effective and costs little to implement. However, this conflicts with other evidence showing that Britain is similar to Northern Europe in its high levels of alcohol tax and issues with alcohol compared to Southern Europe which has low levels of alcohol tax and less alcohol related issues. Research in Finland showed that when taxes were reduced by an average of 33% in 2004, there was an estimated 10% increase in consumption and a rise in alcohol mortality of 16% for men and 31% for women. 4.8.2 Concerns have been expressed that the use of increased taxation to alleviate alcohol related issues would allow retailers to absorb the increase rather than pass it on to the consumer. It would also generate additional income for retailers, particularly large retailers such as supermarkets. Also, a large increase in duty would be needed to raise the price of the cheapest products to a level that would reduce alcohol harm. Unlike a minimum price per unit this would affect all products equally rather than focussing on cheaper and stronger goods. 4.8.3 The recently published White Paper 1committed to aligning funding streams on drug and alcohol treatment services across the community and in criminal justice settings to incentivise recovery outcomes. It recognised a need to divert people from the criminal justice system to health services to receive appropriate treatment to prevent re-offending and improve their health. 4.8.4 Scotland’s recent Alcohol Bill paves the way for the introduction of a social responsibility levy to ensure those who profit from the sale of alcohol also put something back into the community. 4.8.5 After listening to the evidence relating to the effectiveness of increased taxation as a tool to reduce the negative effects of harmful drinking, the Working Group agreed that minimum pricing would be more effective. However, it also considered that alcohol taxation should be directed towards preventative measures relating to alcohol abuse. Recommendation 5 That Heads, Principals (including those of independent schools/academies) and Children’s Services Lead Members be recommended to ensure a coherent programme of alcohol education for over 16s. Alcohol education should also be provided to parents of children of all ages through existing support organisations. Recommendation 6 That Directors of Public Health within the North West be recommended to develop hard hitting impact advertising for use across the North West area. 1 Healthy Lives, Healthy People: Our Strategy for Public Health in England published 30 th November 2010 Minimum Pricing of Alcohol Scrutiny FINAL REPORT (Version 2) Page 14 of 19 10th January 2011 Blackpool Council Overview and Scrutiny - Improving Services for the Community Recommendation 7 To recommend to Central Government that revenue generated from a windfall tax on retailers’ profits from the introduction of minimum pricing should be targeted towards measures to prevent alcohol abuse. 4.9 Final Report Distribution 4.9.1 Following approval of the Working Group, it was agreed that Blackpool Council would be responsible for the wider distribution of the Final Report to the Secretary of State for Health and local Members of Parliament and appropriate Health Trusts. 4.9.2 Each Local Authority on the Working Group would arrange for endorsement of the Final Report and recommendations through its own standard approval procedures and organise its own local distribution as required. Minimum Pricing of Alcohol Scrutiny FINAL REPORT (Version 2) Page 15 of 19 10th January 2011 Blackpool Council Overview and Scrutiny - Improving Services for the Community 5.0 Financial and Legal Considerations 5.1 Financial Considerations 5.1.1 The following comment has been received from Blackpool Council’s Section 151 Officer with regard to financial implications in relation to the recommendations contained within the report: The recommendations regarding pricing are macroeconomic and directing any windfall levy towards education and preventative measures could be undertaken jointly via the Council's own services, the PCT and third sector, noting that local government will be assuming responsibility for local health improvement functions from April 2013. 5.2 Legal Considerations 5.2.1 The following comments have been received from Blackpool Council’s Legal Services with regard to legal implications in relation to the recommendations contained within the report: Recommendation 1 - There could potentially be an infringement of European Competition Law in relation to the introduction of a minimum price. Recommendation 2 – Government has recently reviewed the Licensing Act and proposed amendments are contained within the Police and Social Responsibility Bill which is currently going through Parliament. There are also ‘Early Morning Restriction Orders’ that could be used at a local level to curb hours. Recommendation 3 – Health is not a Licensing objective. Also, the costs could be prohibitive especially if there is a high turnover of people. Recommendation 4 – In order for effective enforcement, the legal definitions need clarification and/or amendment. The current law is too grey resulting in difficulties in enforcement. There is a lack of clarity of the measure of drunkenness and whilst John Moores University did a worthwhile study on the levels of drunkenness, the area remains far too unclear to carry out effective enforcement, although this is considered key in resolving Anti-Social Behaviour and Crime in the Nighttimes Economies. In addition, only Police Officers can be ‘experts’ in relation to drunkenness which limits the powers of Local Authorities. Minimum Pricing of Alcohol Scrutiny FINAL REPORT (Version 2) Page 16 of 19 10th January 2011 Blackpool Council Overview and Scrutiny - Improving Services for the Community Minimum Pricing of Alcohol Scrutiny Action Plan Recommendation Cabinet Members Comments Rec Accepted by Executive? Target Date for Action Recommendation 1. To recommend to Central Government that a minimum price of 50 pence per unit of alcohol be implemented nationally. Recommendation 2. That Central Government be requested to review the existing licensing legislation to reduce the current extended opening hours. Minimum Pricing of Alcohol Scrutiny FINAL REPORT (Version 2) Page 17 of 19 10th January 2011 Lead Officer OSC Update Notes Blackpool Council Overview and Scrutiny - Improving Services for the Community Recommendation 3. That Central Government be requested to review the existing licensing legislation to include compulsory training for all involved in the licensing industry with particular emphasis on the health impact of alcohol consumption. To include all individuals involved in the sale of alcohol and Elected Members with responsibility for enforcement action. Regular refresher training to ensure knowledge is kept updated with any changes, should also be introduced. Recommendation 4. That all North West Local Authorities that took part in the review, and with responsibility for licensing, be reminded to fully implement the existing laws relating to the sale of alcohol, with particular emphasis on underage sales and serving of alcohol to those already intoxicated. To also include more effective law enforcement for alcohol related crime and disorder issues. Minimum Pricing of Alcohol Scrutiny FINAL REPORT (Version 2) Page 18 of 19 10th January 2011 Blackpool Council Overview and Scrutiny - Improving Services for the Community Recommendation 5. That Heads, Principals (including of independent schools/academies) and Children’s Services Lead Members be recommended to ensure a coherent programme of alcohol education for over 16s. Alcohol education should also be provided to parents of children of all ages through existing support organisations. Recommendation 6. That Regional Directors of Public Health be recommended to develop hard hitting impact advertising for use across the North West area. Recommendation 7. recommend to Central Government that revenue generated from a windfall tax on retailers’ profits from the introduction of minimum pricing should be targeted towards measures to prevent alcohol abuse. Minimum Pricing of Alcohol Scrutiny FINAL REPORT (Version 2) Page 19 of 19 10th January 2011