Law Commission proposes raising drinking age, prices

The Labour government last year tasked the commission with reviewing the liquor licencing laws. Photo / Dean Purcell

Sweeping changes to the way alcohol is bought and consumed could be enshrined into legislation if recommendations by the Law Commission are taken up by the Government.

Proposed changes included increasing the price of alcohol, raising the drinking age, and radically lowering the breath alcohol level for drivers.

Commission president Sir Geoffrey Palmer outlined some of the preferred policy options it would be releasing for the public to make submissions on, in a speech at a Nelson pub this morning.

Last year, the then Labour government had tasked the commission with reviewing the liquor licensing laws in the context of New Zealand society and making recommendations for any changes that needed to be made.

Sir Geoffrey hoped to have a discussion paper outlining issues for public submissions by July.

He said today he was "launching a trial balloon" on some of the issues the commission had discussed before presenting their paper.

There were two aspects to the commission's inquiry, he said.

The first was the contribution that excessive use of alcohol led to law and order problems in the country.

The second was the serious health and injury effects from alcohol consumption, as well as a list of other social harms.

"Alcohol is no ordinary commodity. It is a drug," Sir Geoffrey said.

"Alcohol would be classed as a Class B drug under the Misuse of Drugs Act 1975 if it were treated on its merits, according to many experts."

Like any drug, alcohol could cause harm, he said

"It is the minimisation of this harm that has to be the prime object of any new law, balanced with the need for any regulatory controls to be efficient and effective."

One of the issues for later discussion was the substantial gap between the taxes the country received from alcohol purchases, $795 million, and the estimated social cost of harmful misuse of alcohol of $5.296 billion.

"It does seem to me that the taxpayer should not be asked to shoulder as much of the burden as is currently being met from public funds," Sir Geoffrey said.

"It does seem that the case for increasing the price of alcohol to ensure drinkers contribute more to the costs imposed on society is persuasive."

He suggested increasing the excise tax would be appropriate.

The legal drinking age should also be increased he said.

"Whether this is to 19 or 20 is an issue, but the case in favour of an increase seems strong."

There was an equally strong case for limiting the hours off-licences could be open.

"I do not understand why bars need to be open to 6am on a Sunday morning."

Regulating alcohol advertising as well as alcohol promotions should also be discussed, Sir Geoffrey said.

There was also a strong argument for lowering the blood alcohol from 80mg per 100ml for adult drivers to 50mg per 100ml.

"For under 20-year-olds it should be lowered to zero regardless of licence status."

The density of liquor outlets was considered to be a problem in some areas, Sir Geoffrey said.

"The current grounds upon which a licence can be refused need to be broadened, perhaps so that the decision-maker can take into account other factors that it considers are consistent with the reduction of alcohol-related harm," he said.

"It is clear to the Law Commission at this stage of its review of the regulatory framework for the sale and supply of liquor that we will be recommending significant change."

"Just how significant will depend in part on the submissions we receive in response to our discussion paper and the nature of the public debate that will follow the release of our discussion paper."

- NZPA