LOCAL ALCOHOL POLICY PORIRUA

Transcription

1 LOCAL ALCOHOL POLICY PORIRUA The issues paper May 2013

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3 Contents Introduction What s an LAP? 4 What s a licence? 5 Where does a local alcohol policy apply? 6 Hours of operation 7 Discretionary conditions 8 Applying an LAP 8 Proportional policy response Alcohol related issues the harm 10 Intoxication 10 Heavy drinking 20 Harms to others from intoxicated and heavy drinkers Consumption behaviour 24 The benefits of alcohol why we sell it and why we buy it 26 Harmful drinking Our community 33 Licences 33 Community demographics 35 District Plan 42 Liquor ban areas 43 Tourists and visitors to Porirua Developing policy, invitation to participate 46 Having your say and staying in the loop indings, questions and references 48 Consolidated findings and questions 48 References 50 igures 52 Tables 52 Local Alcohol Policy Porirua 1

4 Introduction In August 2009, 60 people hosted the Law Commission in a Cannon s Creek community hall to discuss the options for a reform of New Zealand s liquor laws. They left their visitors from the Law Commission with a clear message, alcohol is inflicting too high a price on this community and the law needs to help us push back. 1 At the launch of the Law Commission s report, Alcohol in Our Lives: Curbing the Harm, Sir Geoffrey Palmer recalled the passion communities like Cannon s Creek had shown during their consultations. He declared the absence of any say in local communities about the nature and number of the liquor outlets around them as a glaring and unacceptable defect of the existing law, Communities know it. Poor communities know it most of all. And they were at the forefront of demanding something better in their submissions to us. 2 The adoption of the Sale and Supply of Alcohol Act 2012 in December last year gave territorial authorities the power to develop Local Alcohol Policies. 3 This policy opportunity is part of a greater reform of the way we sell, supply and consume alcohol in New Zealand. The purpose of the policy is to give communities greater control over licensing of liquor outlets. This document provides the foundation for the development of a Local Alcohol Policy (L.A.P.) for Porirua. Developing an LAP is about setting standards for liquor licensing that are relevant to the needs of our community. During the Long Term Plan submission process in 2012 the Council received 27 submissions requesting that the Council take a proactive approach to the Alcohol Reform Bill. The same submitters emphasised the willingness of the community and community groups to assist in the development of a local alcohol policy and acknowledged the impact alcohol had on their lives and the lives of those around them. At the first Council meeting in 2013 Porirua City Council resolved to develop an LAP. This important decision shifted the discussion from, whether or not to develop an LAP, to, what should go into an LAP?. Our Council will need to look closely at the way alcohol is supplied and consumed in Porirua. If the Council did not create a policy the default provisions in the Sale and Supply of Alcohol Act 2012 would apply. It is the Council s belief that these default provisions are not suitable for Porirua and that an LAP is the best way forward. The purpose of this document is to stimulate discussion on alcohol and its place in our community. We are extending an invitation to our communities to get involved and provide feedback on all issues discussed, or not discussed, in this Paper. This Issues Paper is the first step in developing the content of an LAP for Porirua. The main focus of the Issues Paper is to provide public information about problems related to alcohol misuse and about Porirua to stimulate feedback on: 1 New Zealand. Law Commission, Alcohol in our lives curbing the harm : a report on the review of the regulatory framework for the sale and supply of liquor. (Wellington, N.Z.: Law Commission, 2010), 33, 2 Rt Hon. Sir Geoffrey Palmer, Alcohol in Our Lives: Curbing the Harm (presented at the ALAC Conference, TelstraClear Events Centre, May 6, 2010). 3 Sale and Supply of Alcohol Act 2012, 2012, sec The issues paper Council Officer Document - not adopted Council policy

5 Q Q Q Whether there is a problem with alcohol. If there is, how big is the problem, where is the problem and who is impacted by the problem? What do our communities think should be in an LAP before we start drafting? Are there omissions in the Paper, what should the Council consider when developing an LAP that s not here, or have we got it wrong? This Issues Paper is divided into 5 parts: The policy tools What s an LAP? In this section we look specifically at the LAP as a policy tool and what opportunities it can provide our community. The options for an LAP frame the rest of the paper. The harm / case for change Alcohol related issues. In this section we look at the issues that are linked with different patterns of consumption. We also look at the data that s available specifically for Porirua. Risky behaviours Consumption behaviour. In this section we take a look at patterns of consumption. How people in New Zealand are consuming alcohol and what that may mean for the way we are consuming as a community. Snapshot of Porirua, community, economy, tourism, regulation Making the policy and community participation Our Community. We take a closer look at the makeup of our community and the current controls that exist to manage alcohol. Developing policy and invitation to participate. The Sale and Supply of Alcohol Act requires the Council to develop a Local Alcohol Policy using a defined process. We take a look at that process and how the community can influence the outcome. Participate and engage online Throughout the document we have provided quick response codes. If you have a tablet, smartphone or computer with a camera you can use these to access extra information. That information is also available through the Council s website at keyword: LAP. or the first time the Porirua City Council is trialling an online consultation hub to engage with the Council and the community online. Public meetings appear to be becoming less popular, so this consultation hub brings the meeting to you. Scan the quick response code to go to our trial online consultation hub Inspire Porirua. There you can provide feedback on the Issues Paper and your thoughts on an LAP for Porirua. Or, go to keyword: LAP Local Alcohol Policy Porirua 3

6 1.0 What s an LAP? LAPs can only contain policies relating to alcohol licensing. That means they cannot place any restrictions on who can purchase alcohol or constraints over the products themselves. During the national debate over changes to alcohol restrictions the age of purchase, types of advertising and price of alcohol, were major issues. LAPs cannot alter these restrictions. LAPs affect the conditions for licences and the operation of licensed premises and in doing so they alter the supply of alcohol into the community. An LAP can place standards around: location and density of licensed premises, hours of operation, the issue of licences subject to a particular condition. The Act defines these standards as: 77 Contents of policies (1) A local alcohol policy may include policies on any or all of the following matters relating to licensing (and no others): (a) location of licensed premises by reference to broad areas; (b) location of licensed premises by reference to proximity to premises of a particular kind or kinds; (c) location of licensed premises by reference to proximity to facilities of a particular kind or kinds; (d) whether further licences (or licences of a particular kind or kinds) should be issued for premises in the district concerned, or any stated part of the district; (e) maximum trading hours; (f) the issue of licences, or licences of a particular kind or kinds, subject to discretionary conditions; (g) one way door restrictions. (2) Paragraphs (a) to (d) of subsection (1) do not apply to special licences, or premises for which a special licence is held or has been applied for. (3) A local alcohol policy must not include policies on any matter not relating to licensing. These standards are the new policy tools that Territorial Authorities can put into an LAP. LAPs sit within a regulatory regime developed by Central Government through Acts of Parliament. Those Acts delegate powers to Territorial Authorities to regulate certain activities as well as requiring Territorial Authorities to perform certain administrative duties. 4 The issues paper Council Officer Document - not adopted Council policy

7 igure 1: Important legislation for Territorial Authorities to manage alcohol Local Government Act 2002 Bylaws controlling alcohol in public places (liquor bans) Resource Management Act 1991 District rules relating to permitted or restricted activities Sale and Supply of Alcohol Act 2012 Local Alcohol Policy and licensing An LAP would not sit in isolation. A Territorial Authority should consider the other policies and regulations it has developed including economic development, environmental issues, community health and recreation. We have identified the following Porirua City Council policies and bylaws as possibly affected by the alcohol regulatory regime above: Sale of Liquor Policy. Class 4 Gambling and TAB Venues Policy. Outdoor Dining urniture Policy. Porirua City Council General Bylaw 1991 Part 9 Parks and Reserves. Porirua City Council General Bylaw 1991 Part 11 Public Places. Porirua City Council General Bylaw 1991 Part 23 Liquor in Public Places. Porirua City District Plan. Porirua City Council Long Term Plan Later in section five of this Issues Paper we consider two of these in particular, the Porirua City District Plan and Part 23 of the Porirua City Council General Bylaw 1991 Liquor in Public Places. What s a licence? A licence allows the holder to sell alcohol. There are four types of licence and each type has specific criteria attached to it by the Sale and Supply of Alcohol Act On Licence Club Licence Off Licence Special Licence Pub, restaurant, café, bar Sports club, RSA, working men s club Bottle store, supermarket estivals, weddings in Council halls The sale and supply of alcohol for consumption at the premises, including outdoor areas. BYO is a subset of on licence. The sale and supply of alcohol for consumption at the club premises and only to members, affiliates and guests of the club. The sale of alcohol to be consumed away from the premises e.g. at home, at a BYO. The sale of liquor at special events, it may be used to extend operational hours or licence one off events. Local Alcohol Policy Porirua 5

8 Where does a local alcohol policy apply? These policies can apply consistently across the jurisdiction of a Territorial Authority. Alternatively, they may also apply different standards to different parts of the Authority s jurisdiction. Location is an important component of an LAP. Because of this, the Issues Paper places a strong emphasis on data linked to locations in Porirua. We call these locations area units and they are roughly the same as the suburbs of Porirua. One of the questions, when developing an LAP, is whether the policy should provide different standards from one area to another. Another option would be to develop an LAP that was effective across some or all territorial authorities in the Wellington Region. Currently, each Authority in the Wellington Region is developing an LAP for their communities needs. But if alcohol is an issue that doesn t distinguish between territorial boundaries, then a regional policy may better manage the impacts of alcohol. igure 2: Porirua City Council's jurisdiction - wards and suburbs 6 The issues paper Council Officer Document - not adopted Council policy

9 Location of licensed premises To illustrate the types of location based policy options available under an LAP we have provided examples below. 4 A location can be identified in an LAP as a specific area for which different criteria applies: E.g. Location: City Centre Proximity to other licensed premises, specific premises or types of premises, or facilities can also identify places where different criteria apply: E.g. Distance: Must be no less than 100 metres from an existing off licence (grocery, bottle shop, supermarket). Must be no less than 100 metres from a school, preschool, sports field Density of particular locations can also be managed by specifying areas as having a maximum number of licence premises: E.g. Number of licences: No new licences should be issued for Mana Island An LAP could combine any of these: E.g. In the City Centre there must be no less than 50 metres between on licensed premises and no on licensed premise may be closer than 100 metres to a school There are many ways of limiting location under an LAP, however, the location requirements will not affect existing licence holders. This means that it could take many years before the full effect of any location provisions in an LAP take effect. This is a considerable limitation to LAPs that must be taken into account when their effectiveness is assessed at a later date. An LAP may not be fully effective for many years. Hours of operation Unlike the location based policies, a policy on hours of operation would have a stronger legal status. An LAP can set the maximum hours of operation for different licence types. Such a policy is deemed by the Sale and Supply of Alcohol Act 2012 to be a regulation and as such it will set a new maximum for any licensed premise that currently operates outside those hours. If there is no policy on maximum trading hours then the default hours of operation in the Sale and Supply of Alcohol Act 2012 would apply. Scan the quick response code to go to our online licensing hours map. The map shows the licensing hours for a Saturday night in Porirua. Note that licensing hours do not necessarily equal opening hours. Or go to keyword: LAP 4 The Council has yet to consider the type of policies that could be put in place. These examples in no way reflect the views of the Council and are illustrative only. Local Alcohol Policy Porirua 7

10 Default hours under the Sale and Supply of Alcohol Act 2012 The default maximum national trading hours: 5 (a) are the hours between 8 am on any day and 4 am on the next day for the sale and supply of alcohol for consumption on premises for which an on licence or a club licence is held? (b) are the hours between 7 am and 11 pm on any day for the sale of alcohol on premises for which an off licence is held? In Porirua there are no licences that fall outside these maximum hours currently. 6 So the default hours will have no impact upon current licence holders. However, maximum hours set by an LAP would further restrict licensed premises that operate outside the LAP time limits. Discretionary conditions The Sale and Supply of Alcohol Act 2012 allows Territorial Authorities to include specific conditions that must be applied to certain licence types at the time of granting a licence. This broad category may provide an opportunity for the Council to deal with specific issues raised during the discussion of the Issues Paper. Applying an LAP The new Sale and Supply of Alcohol Act 2012 has moved the responsibility for determining licences from the Council (acting as the District Licensing Agency) to a new District Licensing Committee. This new committee is made up of three people, two from the community and one elected Council official. They take advice from the New Zealand Police, Medical Officers of Health and the Council s licensing inspectors. An LAP can only affect licences, nothing else. If there is an LAP in place in Porirua, then the new District Licensing Committee must take that LAP into account when determining whether or not to grant a licence and what conditions will be attached to that licence. When considering a licence application it is open to the Committee not to apply a policy, except for any Policy around maximum trading hours. They may also attach any condition to a licence as they see fit. Proportional policy response LAPs are a regulatory response to the perceived problem of harmful alcohol consumption. An LAP regulates the supply of alcohol by restricting sellers of alcohol. Many of the issues discussed in this paper relate to issues of demand for excessive amounts of alcohol. We know that most adult New Zealanders are not harmful consumers of alcohol. Regulatory policies should be proportionate to the risk of harm to avoid penalising those who consume alcohol in moderation. In regulating the supply of alcohol in Porirua it will be necessary to maintain some perspective as to the benefits of alcohol supply. Some benefits are discussed on Page 26. The Treasury s seven principles for good regulation: 7 5 Sale and Supply of Alcohol Act 2012, sec You can see the licence hours on our online interactive map keyword: LAP 7 New Zealand Treasury, The Best Practice Regulation Model: Principles and Assessments, July 2012, 9. 8 The issues paper Council Officer Document - not adopted Council policy

11 1. Proportionality: The burden of rules and their enforcement should be proportionate to the benefits that are expected to result. Another way to describe this principle is to place the emphasis on a riskbased, cost benefit regulatory framework and risk based decision making by regulators. This would include that a regime is effective and that any change has benefits that outweigh the costs of disruption. 2. Certainty 3. lexibility 4. Durability 5. Transparency and accountability 6. Capable regulators 7. Growth supporting indings and Questions Q Porirua will be developing an LAP. An LAP only manages the local retail market for alcohol. It has significant limitations, in particular, it targets supply and not demand for alcohol. Only the criteria for the grant and renewal of a licence are affected by the policy, a policy will have limited application to existing licences. Based on this Issues Paper, what should be regulated in an LAP for Porirua? Local Alcohol Policy Porirua 9

12 2.0 Alcohol related issues the harm In this part we look at the harms associated with high dose consumption of alcohol. That dose may have accrued over a lifetime (average consumption) or in one night (intoxication). In writing this part we have relied heavily on the work of others who have specifically addressed this area. In particular the Law Commission s Alcohol in our lives took an in depth look at alcohol related issues to establish a case for reducing alcohol related harm. Alcohol: no ordinary commodity has also been used to provide some internationally recognised evidence. We have also included data collected by the New Zealand Police and Wellington Regional Public Health. Primarily this part is about assessing the extent of the harm, if any, that results from negative alcohol consumption behaviours. The extent of the harm is, in our view, the most widely debated aspect of alcohol policy development. or this reason this part aims to identify the level of harm based on the evidence available. The scale of the policy response should be commensurate with the size of the problem. We need to agree on the size of the problem, before determining the most appropriate policy solutions. The harms associated with high dose consumption of alcohol impact on individual drinkers, their friends, family, local communities and New Zealand society. A proportionate LAP would be a policy that reduces the level of some, or all, of these harms, with minimal impact on moderate drinkers. It may be necessary to weigh the benefits of reducing these harms against the cost of restricting the supply of alcohol to the individual moderate drinker, and the cost to businesses. At its most basic, alcohol related issues are issues that arise from having consumed too much alcohol. We are going to break down the issues into two categories. The first are acute alcohol related issues, when too much alcohol means a temporary state of intoxication. The second category are chronic issues where too much alcohol means regular persistent consumption of alcohol, a high average alcohol consumption. An analysis of the consumption behaviours that result in acute and chronic harms will be explored in Part 3 of this Issues Paper. ollowing an in depth investigation into the harms associated with excess drinking, The Law Commission helpfully identified six harms. We will look at each of these harms in turn and consider what local evidence we have for these harms. Intoxication Criminal activity An array of criminal offences including homicides, assaults, sexual assaults, domestic violence and public disorder that place heavy and unacceptable burdens on the New Zealand Police; 8 New Zealand Law Commission There are significant limitations in the way the various agencies currently collect data. The Police are already looking at ways to improve data collection to better support Territorial Authorities. There are three major shortcomings in the collection of data that are likely to result in under reporting of the 8 New Zealand. Law Commission, Alcohol in our lives curbing the harm, The issues paper Council Officer Document - not adopted Council policy

13 involvement of alcohol. The first is that Police do not always record alcohol as a factor in relation to arrests. The second is that not all interventions by Police are recorded. or Territorial Authorities this is particularly problematic in relation to alcohol ban areas. Anecdotally we have been told that most Officers will simply ask offenders breaching the ban to dispose of their alcohol and, if they comply, that is the end of the matter. inally, Police Districts do not match Territorial Authority jurisdictions. As a result it is difficult to identify which offences are relevant for a particular Authority. or the Preparation of LAPs Territorial Authorities were provided with a generic set of measures for their area. We have provided that information here. At least a third of all Police recorded offences are committed by an offender who has consumed alcohol prior to committing the offence. The Police estimate that 18% of the Police budget is spent on offences involving alcohol. 9 We have reproduced charts of some of the data that relates to levels of offending. There appears to have been an increase in criminal activity in 2008 and 2009, one possible reason for this may be tougher economic times from the global financial crisis igure 3: New Zealand Police Data - Drink-driving offences (excludes offences where drugs were recorded), in the Porirua area Jan 07 Apr 07 Jul 07 Oct 07 total offences recorded Jan 08 Apr 08 Jul 08 Oct 08 Jan 09 Apr 09 Jul 09 Oct 09 Jan 10 Apr 10 Jul 10 Oct 10 Jan 11 Apr 11 Jul 11 Oct 11 9 New Zealand Police, ramework for Preventing and Reducing Alcohol related Offending and Victimisation , September 1, 2010, New Zealand Police, LAP Data Tables for Territorial Authorities (Auckland: New Zealand Police, March 2013) The Police provided two sets of data on drink driving offences one where alcohol only was recorded the other where drugs or alcohol or both were recorded. we have only provided the alcohol only data. Local Alcohol Policy Porirua 11

14 igure 4: New Zealand Police Data - Non-specific offences where either drugs or alcohol or both are involved, in the Porirua area Total offences recorded Jan 07 Apr 07 Jul 07 Oct 07 Jan 08 Apr 08 Jul 08 Oct 08 Jan 09 Apr 09 Jul 09 Oct 09 Jan 10 Apr 10 Jul 10 Oct 10 Jan 11 Apr 11 Jul 11 Oct 11 igure 5: New Zealand Police Data - recorded breach of liquor ban offences, in the Porirua area (excludes drink driving offences) Jan 07 Apr 07 Jul 07 Oct 07 Jan 08 Apr 08 Jul 08 Total offences recorded Oct 08 Jan 09 Apr 09 Jul 09 Oct 09 Jan 10 Apr 10 Jul 10 Oct 10 Jan 11 Apr 11 Jul 11 Oct 11 In the three offence categories shown above there is a large spike in the data around October November We do not know the reason for this. All three graphs show large fluctuations of the month to month data. This could reflect the way offences are filed. Drink driving and non specific offences are not showing any significant trends in the data. But liquor ban offences showed a dramatic increase in 2008 and then an equally dramatic decrease in Ibid. It is not possible to remove the drugs data from this dataset. 12 The issues paper Council Officer Document - not adopted Council policy

15 It is not always known whether alcohol is a factor in a Police apprehension or offence. This is because the offence type is captured but not whether the person was intoxicated or under the influence of alcohol. igure 6 and igure 7 show Police apprehension rates for a range of offences that are often associated with alcohol. igure 6: New Zealand Police Data - Apprehensions for: breach of liquor ban, property damage, disorderly conduct Total apprehensions Breach of Liquor Ban Property Damage Disorderly Conduct Violent crime The Law Commission succinctly summarises the representation of alcohol in violent crime and so we have repeated their statements below: Given the strength of the association between heavy drinking and violent offending, the New Zealand Police has played a critical role in pressing for reform of alcohol laws. In our Issues Paper, we quoted heavily from the Police National Alcohol Assessment, which drew on 15 Police data sets to identify trends in alcohol related offending throughout the country. That report showed of all recorded offences in the year 2007/08 at least 31% involved an offender who had consumed alcohol before committing the offence. 13 With respect to violent offending, the report showed in at least one third (20,447) of the violence offences committed in 2007/08 the offender had consumed alcohol before committing the offence Ibid. 13 New Zealand Police, National Alcohol Assessment (Wellington: New Zealand Police, April 2009), 7, National Alcohol Assessment. 14 Ibid., 23. Local Alcohol Policy Porirua 13

16 In half (49.5%) of the 489 homicides recorded between 1999 and 2008 either a suspect or victim was under the influence of alcohol at the time of the incident. 15 Of these homicides, 241 were classified as family violence related homicides, 16 and 37% (89) of these involved either a suspect or victim being under the influence of alcohol at the time of the incident. 17 In 2007/08, there were 19,388 recorded victims of assaults associated with family violence. In 34% of incidents the alleged offender had consumed alcohol. 18 One in five of the 3,652 sexual offences recorded in 2007/08 involved an offender who had consumed alcohol before the offence was committed. 19 Police believe this figure to be conservative given the frequent delay in identifying and apprehending alleged sexual offenders. As a consequence, in half the cases it is not possible to ascertain whether or not alcohol was involved. Police estimate, in reality, around one in three offenders are under the influence of alcohol when they sexually offend. A ground breaking report on homicides within New Zealand families casts new light on the role of alcohol in crimes against children and intimate partners. The 2009 Ministry of Social Development report investigated the circumstances surrounding 141 family violence related homicides between 2002 and Of the 141 deaths, 77 were couple related homicides, 38 were child homicides and 26 were other family member homicides. The researchers identified alcohol and/or drug abuse as a precipitating factor in a significant number of homicides involving couples: 21 As reported in international research findings, the most frequently occurring background factor found in this study was the perpetrator s history of violence. The most frequently occurring factors at the time of the event (in about three quarters of the cases) were threatened, imminent or recent separation and jealousy. Alcohol and/or drug abuse featured at the time of the incidents in about two thirds of the cases, sometimes involving both perpetrator and victim. In June 2012 the New Zealand Police released a report on family violence deaths between 2004 and They noted that family violence deaths were evenly distributed between adult females (36%), adult males (31%) and children (33% under 17 years of age). Between 2004 and 2011 there have been 101 deaths due to family violence and 9 of those occurred in the Wellington region. They noted 15 Ibid., amily violence related homicide incidents are assessed differently to other family violence related occurrences defined by the Police. or further information, refer to New Zealand Police National Alcohol Assessment (Wellington, April 2009), New Zealand Police, National Alcohol Assessment, Ibid., Ibid., Ministry of Social Development, Learning from tragedy : homicide within families in New Zealand (Wellington: Ministry of Social Development, 2010). 21 Ibid., The issues paper Council Officer Document - not adopted Council policy

17 that of the 37 adult female deaths, in 12 of those cases heavy alcohol use on an on going basis was apparent in one or both parties. 22 In Porirua apprehensions for violent crime have largely remained at the same levels since January The exception is dwelling assaults which have shown a fairly considerable drop since peak 2009 levels. igure 7: New Zealand Police Data - Apprehensions for violent crimes Total apprehensions Assaults on Police Dwelling Assaults Homicide and Related Offences Public Place Assaults Sexual Assault and Related Offences The burden that alcohol places on the Police In 2010 the New Zealand Police released a ramework for preventing and reducing alcohol related offending and victimisation. In the framework they describe an average day in New Zealand: individuals are either taken home or detained in Police custody due to their state of intoxication; 340 offences occur where Police note alcohol is involved in the offending, including 30 breach of liquor ban offences 100 drink drive offences; 8,764 breath tests are undertaken; 40 licensed premises are visited by Police to monitor compliance with the Sale of Liquor Act 1989; our licensed premises are visited by Police to test compliance of serving liquor to minors through a Controlled Purchase Operation; and 22 New Zealand Police, Statistical Analysis and Summary of Themes amily Violence Death Reviews of Deaths Between (National Crime Investigation Unit, June 2012), New Zealand Police, LAP Data Tables for Territorial Authorities. 24 New Zealand Police, ramework for Preventing and Reducing Alcohol related Offending and Victimisation , 1. Local Alcohol Policy Porirua 15

18 Police make two to three enforcement applications to the Liquor Licensing Authority for suspension/variation/cancellation of liquor licences or manager certificates. Police Commissioner Howard Broad made the following comment in his submission to the Productivity Commission on their Issues Paper: 25 I have said previously that alcohol is the drug that is causing the most problems for Police. Alcohol impacts on many aspects of policing, including violent offending in the city and town centres of New Zealand, homicides, drink driving, family violence incidents, accommodating intoxicated people in Police cells and incidents or offending involving young people Because of the significant impact that alcohol misuse has on Police operations, reducing the impact of alcohol harm has been, and will continue to be, a key focus for Police. Injury Alcohol poisoning and accidental injury due to intoxication, sometimes causing death. This includes many cases of death in the home and on the roads. The Accident Compensation Corporation estimates up to 22% of the claims it receives have alcohol as a contributing factor. These injuries place a heavy burden on the public health system, particularly on the accident and emergency departments of New Zealand hospitals. Treating disease and disability, to which alcohol contributes, places a further heavy load on the public health system. 26 New Zealand Law Commission The most well publicised injury associated with intoxication must be motor vehicle accidents. The rules around drinking and driving are the laws that directly penalise the general public for consumption beyond a set standard. In an extensive review by Taylor et al. of other studies that investigated injuries sustained due to intoxication, the researchers demonstrated a link between the quantity of alcohol consumed and the risk of injury: 27 The risk of injury increases non linearly with increasing consumption, so efforts to reduce drinking both on an individual level and on a population level are important. No level of consumption is safe and even with 2 standard drinks, the odds of injury are almost double for most types of injury. We understand the relationship between alcohol consumption and injury. What the Taylor et al. study shows is that the odds of injury more than double when a motor vehicle is involved. We re still taking risks when it comes to alcohol, the Ministry of Health, Alcohol Use in New Zealand survey 2007 showed that: 28 Three in five (61.6%) past year drinkers had consumed a large amount of alcohol on at least one occasion in the past year, with men more likely than women to have done so. One in eight (12.6%) past year drinkers had consumed a large amount of alcohol on one drinking occasion at least weekly in the past year. The prevalence was highest among male 25 Submission of New Zealand Police to the Law Commission (submission dated 31 October 2009) at New Zealand. Law Commission, Alcohol in our lives curbing the harm, B. Taylor et al., The More You Drink, the Harder You all: A Systematic Review and Meta analysis of How Acute Alcohol Consumption and Injury or Collision Risk Increase Together, Drug and Alcohol Dependence 110, no. 1 2 (July 1, 2010): 114, doi: /j.drugalcdep Ministry of Health, Alcohol use in New Zealand : key results of the 2007 (Wellington, N.Z: Ministry of Health, 2007), xxii. 16 The issues paper Council Officer Document - not adopted Council policy

19 past year drinkers aged years, with one in three (33.8%) having consumed a large amount of alcohol at least weekly. One in ten (13.9%) people who had ever consumed a large amount of alcohol on a drinking occasion had done so when aged 14 years or younger. One in five (19.8%) past year drinkers reported having driven while feeling under the influence of alcohol in the past year, while 11.2% reported having worked while feeling under the influence of alcohol in the past year. One in eight (12.2%) past year drinkers had used cannabis while drinking alcohol, at least once in the past year, and 10.6% of past year drinkers had used pain killers, sedatives or antidepressants at the same time as drinking alcohol, at least once in the past year. The Wellington Hospital Emergency Department collects data on alcohol related attendances to the Emergency Department. The Hospital collects information on where a person attending the Emergency Department lives, their age and gender. Porirua residents represented 14.4% of the attendances at the Emergency Department between January 2010 and ebruary The Emergency Department serves the Capital Coast District Health Board and that is made up of Porirua, Kapiti and Wellington City. At June 2012 the total population of the residents within the Capital Coast District Health Board s boundaries was estimated at 305,200; Porirua s population (53,100) was 17.4%. 30 The number of attendances at the Wellington Emergency Department is not disproportionate with Porirua s population size. igure 8 and igure 9 show the attendances at the Wellington Emergency Department for Porirua residents and the residents of the Capital Coast District Health Board service area (Wellington City, Kapiti, Porirua). An important consideration, when interpreting these graphs, is the population structure of each Territorial Authority area. The age structures of each of the three territorial areas in the Capital Coast District Health Board service area are highly varied. Porirua has a young population, Wellington City has a large number of people in their twenties and thirties and Kapiti has an ageing population. This means that the proportion of the population that comes from each area will vary considerably, depending on the age grouping being considered. The higher proportion of year olds from Porirua in the data is likely to be explained, in part, due to a higher proportion of year olds in the Porirua population. Across the Wellington Region a high proportion of attendances come from 15 to 25 year olds. More males than females attend the Emergency Department in nearly every age group. What we don t know, is where people are picked up from by an ambulance, or taken to the Emergency Department by other means, in the Region. A Local Alcohol Policy would directly address the availability of alcohol. We do not know where the people who attend the Emergency Department purchased their alcohol. 29 Regional Public Health, Preliminary Porirua Summary (Regional Public Health, April 11, 2013), Statistics New Zealand, Dataset: Estimated Subnational Population (TA, AU) by Age and Sex at 30 June (2006 Boundaries), NZ.Stat, accessed April 15, 2013, Local Alcohol Policy Porirua 17

20 igure 8: Age distribution of attendances at Wellington Emergency Department where alcohol was a factor Porirua residents, January 2010 to ebruary 2012 % of attendances M M M M M M M M M M M M M M M under plus Gender and age group igure 9: Age distribution of attendances at Wellington Emergency Department where alcohol was a factor - Capital Coast District Health Board Area (Wellington City, Kapiti, Porirua), January 2010 to ebruary 2012 % of attendances M M M M M M M M M M M M M M M under plus Gender and age group ifteen to thirty-five year olds The Regional Public Health data can be divided into area units providing rate of attendance for each area. There are notable differences between the areas of Porirua. Three areas where females (25 to 35 year olds) show particularly high rates are Plimmerton, Discovery and Ranui Heights. Plimmerton has the highest rate of attendance at the Wellington Emergency Department for females in the Capital Coast District Health Board area. The opposite is true for males from Wellington. Not all areas in Porirua are represented on igure 10 and igure 11 because the population of 15 to 35 year olds in those areas may be less than The issues paper Council Officer Document - not adopted Council policy

21 igure 10: Rates of attendance at the Wellington Emergency Department for males years old for area units in Porirua with a population of 150+ Rate of attendances per 1000 pop igure 11: Rates of attendance at the Wellington Emergency Department for females years old for area units in Porirua with a population of 150+ Rate of attendances per 1000 pop Local Alcohol Policy Porirua 19

22 Heavy drinking Health There is a causative contribution that alcohol consumption makes to a long list of diseases, including alcohol related cancers, mental health disorders, dependence, foetal alcohol spectrum disorder, sexually transmitted infections, and many others; 31 New Zealand Law Commission The number of people nationally who are admitted each year to hospital, where the reason for admission is wholly attributable to alcohol use, peaks for males in the age group 20 to 24 and for females 15 to 19. It is this 15 to 19 group that, for many, has shown the most concerning increase. In the year 1999 to 2000 admission for the 15 to 19 year old group grew 126%. Alcohol poisoning rates fluctuate significantly over this period so it is unclear whether the apparent 92% increase between 1995 and 2006 reflects an actual increase or random variation. The highest numbers of admissions for alcohol poisoning are among 15 to 19 year olds, followed by 10 to 14 year olds and 20 to 24 year olds. Large fluctuations are also apparent in individual age groups. This diagnosis does include accidental poisoning from other kinds of alcohol (which probably explains the relatively high, but declining, rates of poisoning among children aged under five years). 32 But deaths due to wholly alcohol attributable hospital admissions tell a different story about older drinkers. Those deaths may be due to heavy drinking when a person is younger. The effects of heavy drinking at a younger age are difficult to link with drinking over a life time. Hospital admissions for alcoholic liver disease peak among people aged 50 to 64 years. Between 1995 and 2006, hospital admissions due to alcoholic liver disease increased by 89%. The fact that this was a steady increase suggests a real trend. Particularly concerning are the relatively large increases in alcoholic liver disease admissions among younger age groups. This may reflect people drinking more heavily at younger ages and indicates deaths from alcoholic liver disease and related complications may increase in future years. Alcoholic gastritis hospital admissions peak at 20 to 24 years of age, and occur at reasonably high rates between the ages of 15 and 64. Between 1995 and 2006, the number of admissions for alcoholic gastritis increased by 193%. As with alcoholic liver disease, the steady rate of increase suggests this is a real trend, unrelated to coding changes. The rate of increase appeared to grow from 1999, suggesting this was a consequence of the policy changes that came into effect in This possibility is supported by the fact that there was a particularly large increase at this time for the 15 to 19 years age group. 33 Diseases associated with long term heavy drinking are increasing. The Global Burden of Disease Comparative Risk Assessment (CRA) is an attempt by several countries, including New Zealand, to measure the burden of alcohol related harm. It shows that alcohol poses nearly the same level of health risk as tobacco. But by focusing on health risks, the true risk, which includes harm to others, is likely to be underestimated. There are extensive risks to other parties, external to the consumer of the alcohol. 31 New Zealand. Law Commission, Alcohol in our lives curbing the harm, Ibid., Ibid., The issues paper Council Officer Document - not adopted Council policy

23 Harms to others from intoxicated and heavy drinkers The harms in this section are those imposed on others by intoxicated and heavy drinkers. Unlike tobacco where there is a clear, measurable impact on innocent people, the collateral damage of alcohol is far more difficult to measure. This section examines the harm imposed by intoxicated and heavy drinkers on others. Impacts on victims The catalogue of harms visited upon third parties as a result of others excessive alcohol consumption includes a range of victims. These include many victims of crime, victims of domestic violence and children whose lives are marred, sometimes before birth, by their dependence on adults who drink to excess 34 New Zealand Law Commission In 2012 the New Zealand Medical Journal published a systematic analysis of alcohol related harm to others. The analysis considered data collected and commissioned by New Zealand Universities, the New Zealand Police and the New Zealand ire Service. In 2007, one in six adults aged years (18.1%, ) reported that they had experienced harmful effects on their friendships or social life, home life or financial position in the past year due to someone else s alcohol use. 35 This was a higher proportion than those who experienced harm as a result of their own drinking (12.2%). Women also suffered more and, in particular, young women with 35% of women between 18 and 24 years of age reporting harm. 36 As part of the survey by the Porirua Alcohol and Drug Cluster that is being conducted concurrently with the release of this Issues Paper, participants are being asked about the harmful effects they have experienced due to another s alcohol use. We hope that this information will give us some insight into the level of collateral harm in Porirua. An Australian study that considered whether the density of alcohol outlets affected rates of domestic violence found that density had a small, but significant impact upon rates of domestic violence. 37 The researcher found that the most significant group were off licences (e.g. bottle stores, supermarkets). They hypothesised that, based on their findings, if the density of off licensed premises increased, so too would the rate of domestic violence. Impacts on futures The harmful effects on educational outcomes, workplace productivity, friendships, social life, home life and the financial position of household 38 New Zealand Law Commission Table 1 below shows that alcohol harm is not a purely personal problem. 40% of the total adult population experiences the harmful effects of alcohol on their social life. One quarter of the population will experience harmful effects at home. 34 Ibid., Jennie Connor and Sally Casswell, Alcohol related Harm to Others in New Zealand: Evidence of the Burden and Gaps in Knowledge, The New Zealand Medical Journal 125, no (August 24, 2012): Ibid. 37 Michael Livingston, A Longitudinal Analysis of Alcohol Outlet Density and Domestic Violence, Addiction 106, no. 5 (May 2011): , doi: /j x. 38 Ministry of Health Alcohol Use in New Zealand; Key Results of the 2007/08 New Zealand Alcohol and Drug Use Survey (Wellington, 2009) at XXIV [Alcohol Use Survey 2007/08]. Local Alcohol Policy Porirua 21

24 Table 1: Harmful effects experienced due to someone else's alcohol use 39 Prevalence (%) for total population aged years (95% confidence interval) Harmful effect In the last 12 months In lifetime Harmful effects on 16.0 ( ) 40.4 ( ) friendships or social life Harmful effects on home life 8.5 ( ) 25.4 ( ) Harmful effects on financial 3.6 ( ) 10.2 ( ) position Involved in motor vehicle accident 1.2 ( ) 11.9 ( ) Alongside the often highly visible and quantifiable harms outlined above is a set of social harms that are sometimes described as the forgotten or invisible dimension of alcohol related harm. In broad terms, this refers to the insidious and frequently unremarked on ways in which alcohol contributes to, or exacerbates, a range of social problems, including child abuse and neglect; family and relationship problems; rates of unwanted pregnancies and sexual infections; educational failure and underachievement; low productivity and absenteeism. The Ministry of Education provided us with figures on the number of stand down, suspensions, exclusions and expulsions where alcohol was a factor. Alcohol only ever resulted in a standdown or suspension and no alcohol related exclusions or expulsions were recorded. Productivity in New Zealand is adversely impacted by alcohol. The Law Commission estimated that 392,800 working days are lost per year due to alcohol related days off. The table below shows the results of the Ministry of Health 2007/08 survey into alcohol and drug consumption. Table 2: Had days off work or school due to alcohol use in the past 12 months, among total population aged years (unadjusted prevalence) 40 Days off work or school due to alcohol use in the last 12 months Prevalence (%) in the last 12 months (95% CI) or past-year drinkers or total adults Estimated number of adults aged years Any days 6.6 ( ) 5.6 ( ) 147,500 1 day 2.6 ( ) 2.2 ( ) 58,600 2 days 1.5 ( ) 1.2 ( ) 32, days 1.5 ( ) 1.3 ( ) 34,400 6 or more days 1.0 ( ) 0.8 ( ) 21,900 Working under the influence of alcohol is not uncommon and it poses a particularly high risk when the worker is carrying out tasks that require focus and concentration. Around one in ten adults had worked under the influence of alcohol in the 12 months prior to the Ministry of Health survey. 39 New Zealand. Law Commission, Alcohol in our lives curbing the harm, Ministry of Health, Alcohol use in New Zealand, The issues paper Council Officer Document - not adopted Council policy

25 Anti-social behaviours The public nuisance: litter, glass, noise, the damage and destruction of property and the costs associated with rectifying these nuisances. 41 New Zealand Law Commission A major tool used by territorial authorities to curb anti social behaviour is liquor bans. In the future the Council will undertake a review of the current liquor bans in light of the new sale and Supply of Alcohol Act 2012 and any LAP that is adopted. During that time we will work with the Police to ensure we gather high quality information on the effectiveness of the current liquor bans. Liquor bans are discussed in greater depth later in the Issues Paper. In an Australian study that considered amenity problems (litter, noise etc.) and distance to outlets, the researchers found low and in many case results that were not significant with respect to distance. 42 That is to say that the distance of an outlet is a poor predictor of amenity problems. Currently we do not collect data on the cost of alcohol related anti social behaviours. We know that the Council carries a range of costs for cleaning and repairing damage to property that result from alcohol related anti social behaviour. The Council recently spent $ cleaning outside a City Centre bar to clean up damage to the pavement. We estimate that an hour is spent cleaning around City centre bars each day. indings and Questions The potential direct consequences of intoxication are well understood within the community. But the long term harms and the harms to others are generally less well understood. Although it is difficult to quantify the total level of harm associated with alcohol, it is clear that it exists at international, national, local, family and individual levels. The findings are based upon the discussion above. Q Q Alcohol related crime is a problem in Porirua just as it is nationally. Excess alcohol consumption is a known factor in around one third of criminal activity. Police in Porirua are utilising more resources in the area of alcohol related crime than is desirable. Nationally people aged between 15 and 29 are over represented for wholly alcoholattributable hospital admissions when compared with all other age groups. The fastest growing group for alcohol admissions between 1995 and 2006 was females between 15 and 19 years old. Males and females between 15 and 34 are both showing high rates of attendance at the Wellington Emergency Department. Are all the alcohol related harms a problem in Porirua? If so how much of a problem are they? Can you provide specific examples? Is a reduction in access to alcohol for moderate drinkers acceptable if it means a reduction in alcohol related harm? 41 New Zealand. Law Commission, Alcohol in our lives curbing the harm, Claire Wilkinson and Michael Livingston, Distances to on and Off premise Alcohol Outlets and Experiences of Alcohol related Amenity Problems, Drug and Alcohol Review 31, no. 4 (June 2012): 396, doi: /j x. Local Alcohol Policy Porirua 23