Liquor Licensing Research Articles

Alcohol Industry vs. Public Health Presentations at Judicial Reviews of Liquor Licence Applications in Australia

Greater densities of alcohol outlets are associated with greater incidence of alcohol-related harms. In Australia, public health advocates aiming to limit alcohol availability expend significant energy objecting to new outlets in licensing and planning hearings. This study identifies and reviews the key scientific arguments put forward by industry and public health representatives in liquor and planning hearings to determine the factors that contribute to decisions by the presiding authority and to identify ways forward for researchers wishing to facilitate harm minimisation through these regulatory forums. Scientific evidence presented in 23 cases from Victoria, New South Wales and Western Australia between 2010 and 2018 were assessed using directed content analysis. Cases were identified through the AustLii and Westlaw online databases. The full transcripts of two cases that were identified as representative of the scientific arguments presented in other included cases were also reviewed. Four main arguments that industry used during hearings were identified—causal inference, non-linearities, differentiation and risk mitigation. These arguments were used across many included hearings and raised fundamental questions that public health evidence was often ill-equipped to respond to. The overall success of industry arguments in liquor and planning hearings highlighted the challenges of applying epidemiological evidence to individual case studies. These findings have particular implications and will be of use for researchers and public health experts participating in future licensing hearings, especially those wishing to prevent alcohol-related harm through regulatory mechanisms such as state licensing authorities (i.e. courts).

A comparison of ethanol content of water kefir products to kombucha products and their compliance to British Columbia's Liquor Control and Licensing Act

Background: Water kefir is an up-and-coming beverage similar to kombucha involving the fermentation of water, sugar, fruits, and cultured microorganisms. The fermentation process develops various metabolites including lactic acid, carbon dioxide, and ethanol. These products need to be controlled to prevent unsafe overproduction, particularly of ethanol, as it can be dangerous to consume alcohol unknowingly. This study examined (i) whether water kefir and kombucha beverages are at-risk of containing elevated levels of alcohol, and (ii) the labelling practices of these products. Methods: 31 samples of water kefir were collected in various markets in Vancouver, British Columbia to be compared to 107 samples of kombucha previously collected by the British Columbia Centre for Disease Control (BC CDC). The samples were tested using gas chromatography mass spectroscopy (GCMS/D) to determine the concentration of alcohol in each. The data was analyzed using the statistical package NCCS. Two-tailed t-tests assessed differences in alcohol content between the two products, as well as whether kombucha and/or water kefir exceeded the regulatory standard of 1% ABV (alcohol by volume), as set under the Liquor Control and Licensing Act. Results: Based on the collected data, 53% of kombucha samples and 19% of water kefir samples exceeded 1% ABV for ethanol. There was a statistically significant difference in ethanol concentrations between the water kefir and kombucha samples p = 0.00002, power = 100%. More specifically, the kombucha products had a higher alcohol level. Two t-tests compared the kombucha and the water kefir to the standards which resulted in mean kombucha samples being greater than the 1% ABV while mean water kefir samples were less than the 1% ABV regulatory level. Conclusions: The results indicated that kombucha products had a higher mean alcohol concentration when compared to water kefir samples. However, some samples of water kefir exceeded the 1% ABV level and also lacked an alcohol warning label. Therefore, it is recommended that manufacturers for both kombucha and water kefir products label potential alcohol contents to protect the safety of their consumers – especially vulnerable groups including pregnant women, children, and recovering individuals.

EFFECT OF ALIROCUMAB ON FIRST AND TOTAL REVASCULARIZATIONS IN PATIENTS WITH RECENT ACUTE CORONARY SYNDROME IN THE ODYSSEY OUTCOMES TRIAL

Background On urban roads, road users interact in a highly complex environment. Few previous multivariable studies investigated the association between the built urban environment (including the road, roadside and human activity) and crashes. Roadside design and amenities and facilities that impact road user movements were rarely considered. This research aimed to identify characteristics of the built urban environment associated with the frequency of pedestrian-vehicle casualty crashes (PVC) on shopping strips in metropolitan Melbourne, Australia. Methods The study had a cross-sectional design. Strip shopping arterial road segments in Melbourne, Australia, were identified (n = 142). Data were collected for a broad range of potential risk factors relating to the road, roadside and human activity. Analysis using Poisson regression identified factors associated with PVC frequency. Diagnostic tests were conducted to assess model fit. Results From 2005 to 2009 there were 519 (median = 5.4/km) PVC on the 142 midblock road segments. Aspects of the built environment associated with increased PVC frequency were: road width, unsignalised intersections, medians or traffic islands, midblock pedestrian crossings, roadside development height, off-street parking facilities, establishments with a late night liquor license, railway stations and tertiary education institutions. Lane width and parking clearways were associated with significant reductions in PVC. Speed limits were associated with PVC in a non-linear fashion. There was no association between traffic volume or estimated pedestrian activity and PVC. Conclusions A range of risk factors were related to PVC on strip shopping road segments including traditionally studied characteristics like road design and less commonly studied aspects such as the roadside and facilities and amenities on the road segment. This study can contribute to the design of PVC countermeasures and better risk assessment tools for urban road segments.

Understanding risk-based licensing schemes for alcohol outlets: A key informant perspective.

Risk-based alcohol licensing (RBL) has been introduced in several jurisdictions in Australia, New Zealand and Canada with the intention of reducing harm in and around alcohol outlets. RBL involves tailoring licence fees or regulatory agency monitoring levels according to risk criteria such as trading hours, venue size and compliance history. The aim of this study was to document key informant perspectives including their perceptions of the purpose of RBL, how it works and its active ingredients. We conducted semi-structured in-depth interviews with 28 key informants, including four government policy makers, four liquor licensing representatives, four local council members, eight police officers, six licensees, one academic and one community advocate from Victoria, Queensland, the Australian Capital Territory and Ontario, Canada. We analysed the transcripts using a thematic approach. Informants varied in their opinions about whether RBL achieved its objective of reducing alcohol-related harm. They identified difficulties in enforcing the compliance history component of the scheme due to loopholes in legislation as a major shortfall, and the need to apply RBL to packaged liquor (off-licence) outlets. They also discussed the need to consider outlet density associated with the location of a venue when assessing venue risk. RBL schemes vary by jurisdiction and emphasise different components. In general, informants surmised that RBL as implemented has probably had little or no preventive effect but suggested that it may be effective with greater monitoring and penalties large enough to deter bad practice.

From grain to glass to COVID-19

The case examines the business operations of Midwest Whiskey, MWW, focusing on the downstream supply chain. This includes examining the risks, efficiencies, and modes of distribution for all of the MWW products, before and during the COVID-19 pandemic. Questions of interest include: considering the downstream supply chain for MWW, where would you suggest Casey invests in the B2B and B2C channels? Would your answer change had the pandemic not occurred? What risks does MWW have? Why did you choose each? What capabilities, and subsequent actions, can MWW use to mitigate these? What are positives and negatives to investing in a three-way liquor license? What parameters should be taken into consideration in developing a forecasting model?

Restricting alcohol outlet density through cumulative impact provisions in planning law: Challenges and opportunities for local governments.

There is international interest in how to limit growth in alcohol availability in areas of high outlet density in order to reduce alcohol-related harms. Town planning legislation in Victoria, Australia, allows local government officers to refuse planning permits for new licensed premises on 'cumulative impact' grounds (impacts from existing alcohol outlet density). State guidelines (PN61) outline how local government planners should approach cumulative impact assessments. This paper explores officers' views and experience assessing cumulative impact in order to understand whether the legislation assists officers limit alcohol availability in areas of high outlet density. Interviews with 22 officers from 11 local governments who were recruited with purposive sampling to reflect a range of licensing environments. Interview transcripts were analysed inductively, and content categorized accordingly. Officers challenged the definition and relevance of the alcohol outlet density threshold provided in state guidelines. They faced problems securing relevant amenity data for assessing cumulative impact and pointed to the guidelines' inadequacy for assessing off-premise licences. They pointed to the limits of cumulative impact assessments as a tool for planning and were unconvinced they would lead to reductions in permits granted. A single state-wide density threshold to guide cumulative impact assessments is unlikely to be a relevant measure for several local governments. A greater orientation towards municipal variation and alcohol outlet characteristics is needed. Further research is needed to investigate whether cumulative impact assessments increase restrictions on liquor licence planning permits and whether the adoption of local planning policies strengthens restrictive permit decision-making. International implications of the research are noted.

On advocacy and engagement

On advocacy and engagement

Do New Zealand communities have greater input to local alcohol policy? Population surveys before and after new legislation

BackgroundNew Zealand's alcohol law reforms aimed to give communities greater control over alcohol availability. We investigated whether community participation in local liquor licensing increased and why people did not participate. MethodsWe invited 4000 randomly selected residents to complete a questionnaire in 2014 about their views on alcohol in their community, participation in local alcohol decision-making, alcohol consumption, and experience of alcohol-related harm. In 2017, we surveyed a new sample of 4000 residents, and invited the 2014 respondents to complete a follow-up questionnaire. ResultsResponse fractions were 44% in 2014 (n = 1657) and 37% in 2017 (n = 1376) for population surveys, and 61% (n = 887) for follow-up. Cross-sectional comparisons showed no marked change in proportions reporting ever having participated in alcohol policy development (4.9% in 2014 versus 5.1% in 2017), or who objected to a licence application in the preceding year (1.0% versus 1.4%). Longitudinal comparisons also suggested little change. The most common reasons 2017 respondents gave for not participating were not knowing where to start (39%), lack of time (36%), and needing more information (32%), and this order was similar in 2014. ConclusionPublic participation in local liquor licencing is low and it has not increased substantially under the new legislation.

Dry Zones. Planning and the Hangovers of Liquor Licensing HistoryElizabeth JeanTaylor, Palgrave Pivot imprint published by Springer Nature, Singapore, 2019, xi + 143 pp, maps, appendices, no index. ISBN 978‐981‐13‐2786‐5 (paper) AU$89.99. ISBN 978‐981‐13‐2787‐2 (eBook) https://doi.org/10.1007/978‐981‐13‐2787‐2

Geographical ResearchVolume 57, Issue 4 p. 452-454 Book Review Dry Zones. Planning and the Hangovers of Liquor Licensing History Elizabeth Jean Taylor, Palgrave Pivot imprint published by Springer Nature, Singapore, 2019, xi + 143 pp, maps, appendices, no index. ISBN 978-981-13-2786-5 (paper) AU$89.99. ISBN 978-981-13-2787-2 (eBook) https://doi.org/10.1007/978-981-13-2787-2 Maggie Brady, Corresponding Author Maggie Brady maggie.brady@anu.edu.au Centre for Aboriginal Economic Policy Research, The Australian National University, Canberra, Australian Capital Territory, AustraliaSearch for more papers by this author Maggie Brady, Corresponding Author Maggie Brady maggie.brady@anu.edu.au Centre for Aboriginal Economic Policy Research, The Australian National University, Canberra, Australian Capital Territory, AustraliaSearch for more papers by this author First published: 01 July 2019 https://doi.org/10.1111/1745-5871.12345Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat No abstract is available for this article. Volume57, Issue4November 2019Pages 452-454 RelatedInformation

Alcohol Outlet Clusters and Population Disparities.

Alcohol outlet clusters are an important social determinant of health in cities, but little is known about the populations exposed to them. If outlets cluster in neighborhoods comprised of specific racial/ethnic or economic groups, then they may function as a root cause of urban health disparities. This study used 2016 liquor license data (n = 1204) from Baltimore City, Maryland, and demographic data from the American Community Survey. We defined alcohol outlet clusters by combining SaTScan moving window methods and distances between outlets. We used multiple logistic regression to compare census block groups (CBGs) (n = 537) inside and outside of four types of outlet clusters: total, on-premise, off-premise, and LBD-7 (combined on-/off-premise). The most robust predictor of alcohol outlet cluster membership was a history of redlining, i.e., racially discriminatory lending policies. CBGs that were redlined had 7.32 times the odds of being in an off-premise cluster, 8.07 times the odds of being in an on-premise cluster, and 8.60 times the odds of being in a LBD-7 cluster. In addition, level of economic investment (marked by vacant properties) appears to be a key characteristic that separates CBGs in on- and off-premise outlet clusters. CBGs with racial/ethnic or socioeconomic advantage had higher odds of being in on-premise clusters and CBGs marked by disinvestment had higher odds of being in off-premise clusters. Off-premise clusters deserve closer examination from a policy perspective, to mitigate their potential role in creating and perpetuating social and health disparities. In addition to addressing redlining and disinvestment, the current negative effects of alcohol outlet clusters that have grown up in redlined and disinvested areas must be addressed if inequities in these neighborhoods are to be reversed.

William Hobson and the Origins of the New Zealand Tax System, 1840-1842

The literature on the history of New Zealand in the 1840s is extensive but it does not address systematically the methods by which the colonial government attempted to finance itself. This article addresses that gap. The inaugural Governor, William Hobson, conscientiously adopted the revenue-raising methods proposed by London (mainly land sales and customs duties) plus several others (notably liquor licensing, a tax on auctions, and borough council rates), but the revenues raised were nowhere near adequate to cover spending. Government salaries fell into arrears and the colonial government found itself insolvent. In desperation, Hobson resorted to borrowing, which predictably proved unsatisfactory. London blamed him for the Colony’s insolvency, but the real problem was that its economy was simply too small to sustain a government even remotely resembling the British colonial norm.

Did New Zealand's new alcohol legislation achieve its object of facilitating public input? Qualitative study of Māori communities.

The Treaty of Waitangi stipulates equality between Māori and non-Māori, yet Māori continue to have substantially poorer health, a driver of which is alcohol-related morbidity. In 2012, the New Zealand government introduced legislation claiming it would facilitate community input on decisions about alcohol. We investigated the experience of Māori communities with the new law. We obtained submissions made to local governments and invited a diverse range of submitters from iwi (tribes), hapū (sub-tribes/clan groups) and Māori service providers, to participate in semi-structured interviews with Māori researchers. We used template analysis to develop hypotheses, and searched for disconfirmatory evidence within interview transcripts and recordings. Participants had committed substantial human resources to write submissions informed by technical knowledge of liquor licensing and relevant research. They reported that local governments did not seem to engage meaningfully with the content of their submissions, and failed in many instances to update participants on how the consultation was progressing. Some observed that the alcohol industry had easier access to local politicians, and therefore expected outcomes to reflect industry interests. In their response to Māori constituents on proposed alcohol policies, local governments were felt to lack the inclination or capacity to consult meaningfully. By devolving responsibility for alcohol availability while failing to compel and resource local government to give regard to treaty obligations, the new legislation risks widening existing health inequalities between Māori and non-Māori.

Neighborhood density of alcohol outlets moderates genetic and environmental influences on alcohol problems.

Geographic differences in rates of alcohol use disorder suggest that environmental factors and gene-environment interactions are likely to play an important role in its genesis. We aimed to examine whether living in a community with more alcohol outlets would facilitate the expression of the genetic propensity to develop alcohol problems. Cross-sectional twin/sibling study. United States. The participants were 18-26-year-old twin, full- and half-sibling pairs from Wave III of the National Longitudinal Study of Adolescent to Adult Health. Participants completed in-home interviews in which past year alcohol problems were assessed. Alcohol outlet densities were extracted from state-level liquor license databases aggregated at the census tract level. There was evidence that estimates of genetic and environmental influences on alcohol problems varied as a function of the density of alcohol outlets in the community. The heritability of alcohol problems for those residing in a neighborhood with more than 10 on-premises outlets was 78% (95% confidence limits=52-100%), compared with 11% (95% confidence limits=0-29%) for those in a neighborhood with no on-premises outlets. This moderating effect of alcohol outlet density was not explained by state of residence, population density or neighborhood socio-demographic characteristics. Individuals who are genetically predisposed to develop alcohol problems may be especially sensitive to the influence of many alcohol outlets in their community.

Using Zoning as a Public Health Tool to Reduce Oversaturation of Alcohol Outlets: an Examination of the Effects of the New "300 Foot Rule" on Packaged Goods Stores in a Mid-Atlantic City.

The oversaturation of alcohol outlets can have disastrous public health consequences. The goal of this study was to evaluate the potential impact of new zoning legislation, TransForm Baltimore on locations of alcohol outlets. More specifically, the study sought to determine the effect of the new zoning code on the potential redistribution of alcohol outlets and also provide empirical support for the need to actively monitor redistribution of outlets to avoid further inequitable oversaturation in disadvantaged neighborhoods. Data on off-premise alcohol outlets (e.g., packaged goods stores) were obtained from the Board of Liquor License Commissioners for Baltimore City. The alcohol outlets were geocoded and assigned to zoning parcels. Churches and schools were also geocoded. The alcohol outlets were also assigned to census tracts to calculate socioeconomic statuses. One hundred seventy-two of the 263 off-premise packaged goods stores (PGS) were in violation of the new zoning law. TransForm will reduce the land parcels available to alcohol outlets by 27.2%. Areas containing non-conforming PGS were more likely to have a higher percentage of Black residents, single parent-families, unemployment, household poverty, and vacancy compared to Baltimore City averages and areas without non-conforming PGS. Planning enforcement efforts need to accompany related laws to prevent/reduce overconcentration of PGS in disadvantaged neighborhoods.

Neighborhood alcohol outlet density and genetic influences on alcohol use: evidence for gene-environment interaction.

Genetic influences on alcohol involvement are likely to vary as a function of the 'alcohol environment,' given that exposure to alcohol is a necessary precondition for genetic risk to be expressed. However, few gene-environment interaction studies of alcohol involvement have focused on characteristics of the community-level alcohol environment. The goal of this study was to examine whether living in a community with more alcohol outlets would facilitate the expression of the genetic propensity to drink in a genetically-informed national survey of United States young adults. The participants were 2434 18-26-year-old twin, full-, and half-sibling pairs from Wave III of the National Longitudinal Study of Adolescent to Adult Health. Participants completed in-home interviews in which alcohol use was assessed. Alcohol outlet densities were extracted from state-level liquor license databases aggregated at the census tract level to derive the density of outlets. There was evidence that the estimates of genetic and environmental influences on alcohol use varied as a function of the density of alcohol outlets in the community. For example, the heritability of the frequency of alcohol use for those residing in a neighborhood with ten or more outlets was 74% (95% confidence limits = 55-94%), compared with 16% (95% confidence limits = 0-34%) for those in a neighborhood with zero outlets. This moderating effect of alcohol outlet density was not explained by the state of residence, population density, or neighborhood sociodemographic characteristics. The results suggest that living in a neighborhood with many alcohol outlets may be especially high-risk for those individuals who are genetically predisposed to frequently drink.

A qualitative exploration of Thai alcohol policy in regulating availability and access

BackgroundDespite abundant alcohol control regulations and measures in Thailand, prevalence of alcohol consumption has been relatively steady for the past decade and alcohol-related harm remains high. This study aims to explore, through the perspectives of key public health stakeholders, the current performance of regulations controlling alcohol availability and access, and the future directions for the implementation of Thai alcohol policy. MethodsSemi-structured interviews were conducted with public health stakeholders from three sectors; the government, academia and civil society. Their perceptions about the current alcohol situation, gaps in the current policies, and future directions of alcohol policy were discussed. Audio data were transcribed verbatim, systematically coded and analysed. ResultsThe three key concerning issues were physical availability, economic availability and commercial access, which referred to outlet density, taxation and pricing, and compliance to stipulated regulations, respectively. First, Thailand failed to control the number of alcohol outlets. The availability problem was exacerbated by the increased numbers of liquor licences issued, without delineating the need for the outlets. Second, alcohol tax rates, albeit occasionally adjusted, are disproportionate to the economic dynamic, and there is yet a minimum pricing. Finally, compliance to age and time restrictions was challenging. ConclusionsThe lack of robustness of enforcement and disintegration of government agencies in regulating availability and access hampers effectiveness of alcohol policy. Comprehensive regulations for the control of availability of and access to alcohol are required to strengthen alcohol policy. Consistent monitoring and surveillance of the compliances are recommended to prevent significant effects of the regulations diminish over time.

Concept Measurement in Alcohol Serving Establishment Research

This research critically examines traditional quantitative measurements of alcohol establishments and assaults. In doing so, the research first performs a quantitative, spatially-lagged regression model measuring the relationship between location of alcohol establishment and assaults, using traditional measurements of liquor license designation and reports to the police. It then examines the same phenomenon using qualitative measurements. This includes creating a designation of “criminogenic” establishments through atmosphere assessments and employee perception of assault. Results indicate that qualitative analysis, while not wildly divergent in results, may allow more nuanced operationalization of some of the concepts suggested in Routine Activity Theory. The implications of these definitions are considered in terms of their probable impact on previous research results, and future direction in developing accurate measurement in this area is discussed.

Cultural value and urban governance

A city of diverse use and function is predicated on informed urban policymaking that can equitably negotiate competing economic and cultural uses of urban space. I investigate such urban policymaking in relation to liquor licensing and its mediating effect between venue-based live music and amenable residential and business districts in Melbourne, Australia. Firstly, I explore the positive externalities that flow from the operations of urban music venues, specifically the Tote Hotel and its integral place in Melbourne’s music community. Secondly, I examine how such value can be integrated with policymaking spheres that are typically dominated by economic considerations, analysing a specific instance of participatory urban governance that developed around liquor licensing in Melbourne. I conclude by evaluating the role of political agendas in achieving favourable cultural policy outcomes, inferring that cultural organizations with less political and economic relevance may be excluded from the policymaking process and, thus, the shaping of urban space.

Liquor licences issued to Australian schools

BackgroundChildren’s positive socialisation to alcohol is associated with early initiation of drinking and alcohol-related harm in adult life. Internationally, there have been reports of adults’ alcohol consumption at school events in the presence of children. The aim of this research was to identify the conditions under which Australian schools are required to apply for a liquor licence and the associated prevalence of liquor licences for these events where children were likely to be present.MethodsA document review was conducted to examine temporary liquor licensing legislation. Quantitative analysis was used to examine relevant licensing data. Coding criteria was developed to determine school type, student year levels and the likely presence of children.ResultsFour jurisdictions provided data on 1817 relevant licences. The average annual licences/100 schools was highest amongst Independent schools followed by Catholic and public (government) schools. The rates were highest in Queensland and Victoria where children were present at 61% and 32% of events respectively.ConclusionsWhile there are legislative differences across jurisdictions, the prevalence of adults’ alcohol use at school events in the presence of children may reflect the various education department policies and principals’ and school communities’ beliefs and attitudes. Licences are not required for all events where liquor is consumed so the prevalence of adults’ use of alcohol at school events is likely to be higher than our analyses imply. Such practices may undermine teaching about alcohol use in the school curriculum and health promotion efforts to develop alcohol-free events when children are present.

Judicial intervention in alcohol regulation: an empirical legal analysis

Objective:While governments draft law and policy to promote public health, it is through cases put before the judiciary that the implementation of law can be challenged and where its practical implications are typically determined. In this paper, we examine the role of court judgements on efforts in Australia to regulate the harmful use of alcohol. Methods:Australian case law (2010 to June 2015) involving the judicial review of administrative decisions relating to development applications or liquor licences for retail liquor outlets (bottle shops), hotels, pubs and clubs was identified using a case law database (WestLaw AU). Data were extracted and analysed using standard systematic review techniques. Results:A total of 44 cases were included in the analysis. Of these, 90% involved appeals brought by industry actors against local or state government stakeholders seeking to reject applications for development applications and liquor licences. The proportion of judicial decisions resulting in outcomes in favour of industry was 77%. Conclusions:Public health research evidence appeared to have little or no influence, as there is no requirement for legislation to consider public health benefit. Implications for public health:A requirement that the impact on public health is considered in legislation will help to offset its strong pro‐competition emphasis, which in turn has strongly influenced judicial decision making in this area.