Scottish Government

LIQUOR LICENSING AND PUBLIC DISORDER: REVIEW OF LITERATURE ON THE IMPACT OF LICENSING AND OTHER CONTROLS / AUDIT OF LOCAL INITIATIVES

CHAPTER 1: INTRODUCTION AND BACKGROUND

1.1 This research was commissioned in order to provide evidence to inform the work of the Nicholson Committee, which is undertaking a review of liquor licensing in Scotland. The Committee was appointed to:

"review all aspects of liquor licensing law and practice in Scotland, with particular reference to the implications for health and public disorder; to recommend changes in the public interest and to report accordingly".

This research provides information to inform the work of the Committee in relation to initiatives which have been undertaken to address alcohol-related crime and disorder internationally, nationally and locally.

CURRENT WORK IN SCOTLAND

1.2 There is considerable work currently being undertaken in relation to alcohol in Scotland. In addition to the review of liquor licensing, the Scottish Executive Health Department (Substance Misuse Division) has recently completed a large scale consultation process in order to inform the development of a 'Plan for Action on Alcohol Misuse'. This involved the collection of written evidence, the development of specific research studies, the use of other literature and the use of an on-line discussion forum.

1.3 One of the issues explored within the consultation process was the identification of key current concerns relating to alcohol misuse and perceived changes which might be required to address these. A national forum, the Scottish Advisory Committee on Alcohol Misuse (SACAM) has been in place since April 1999, and has been involved in work to develop the "Plan for Action on Alcohol Problems" published by the Scottish Executive in January 2002, and has had close involvement in the consultation process which underpinned the work.

The Role of the Nicholson Committee

1.4 The consultation conducted for the Nicholson Committee always recognised that the review of liquor licensing would be taking place in order to consider specific issues relating to licensing. The last review of liquor licensing in Scotland took place in 1976, and the Licensing (Scotland) Act 1976 has been in place since that time. The Act covers the sale and supply of alcohol, and allows Licensing Boards (with responsibility for licensing in the local area) to make local byelaws.

1.5 It is recognised, however, that there is a need to consider whether the current legislation remains appropriate, given the changes which have taken place in Scotland in the last 25 years. There have been many changes to the ways in which alcohol is perceived, sold, promoted and consumed. Examples include changes in attitudes to drinking, the increased availability of alcohol (with a growth in the number of licenses and the growing use of promotions) and changes to patterns of drinking (such as "binge drinking"). There has also been a growing concern over the impact of harmful drinking on health and on society. In this context, one of the specific areas of concern which has been identified is the link between alcohol misuse and crime.

1.6 The Nicholson Committee will consider the implications of all of the issues identified during the period of its deliberations. The committee will be involved in the collection and consideration of a range of evidence which will assist in the review, and in the identification of recommendations. This report forms part of that evidence.

The need for information

1.7 All of the work which has been undertaken in relation to alcohol has placed considerable emphasis on the need for initiatives to be evidence-based. One of the areas in which a need for information has already been identified relates to the reduction of alcohol-related crime and disorder.

1.8 A specific sub-group of the Committee is considering issues relating to liquor licensing and public order, with the links between alcohol misuse and crime identified as a specific area of concern.

1.9 This report provides information to that sub-group, both in relation to the literature relating to the broad picture of initiatives to tackle alcohol-related crime and disorder, and the findings of an audit of current and recent initiatives to tackle this issue in Scotland.

The aims of the study

1.10 The aims of this study were twofold:

• To carry out a literature review of initiatives used in other jurisdictions to control the supply and/or context in which alcohol is sold, and to examine evidence of the impact which these initiatives have had
• To carry out an audit of current and recent initiatives in Scotland to summarise local work to reduce alcohol-related disorder across the country, identifying current and recent efforts and reporting the findings of any evaluations of the impact of these efforts

Both the literature review and the audit focused upon efforts to control the availability of alcohol and / or the context in which alcohol is consumed, rather than on efforts to address the underlying causes of alcohol misuse. Both focused on the perceived impact of such initiatives on alcohol related crime and disorder.

THE WORK UNDERTAKEN

1.11 The way in which the material for each part of the study was gathered is outlined briefly below. As the methodology involved very basic and straightforward collection of information, this is presented in the body of the text rather than in a separate chapter.

Literature review

1.12 The literature review focused specifically on the identification of initiatives, which had been undertaken in other jurisdictions which appeared to have had an impact on alcohol related crime and disorder.

1.13 Although there is a large volume of material relating to the links between alcohol and crime, this review concentrated particularly on evidence of the initiatives which have attempted to address disorder and crime through regulation of alcohol supply and the drinking environment.

1.14 This information was gathered through a search of library and journal sources (e.g. Edinburgh University Library, The British Library and the National Library of Scotland), as well as through the use of other research reports which were published in January 2002 alongside the Plan for Action on Alcohol Problems ⁵. On the basis of all of the literature which was available, the report attempted to identify those approaches which appeared to have had a demonstrable impact upon alcohol-related crime and disorder.

1.15 Given the wide ranging nature of the review, all initiatives explored were included, even where there were factors which might make them less appropriate for adoption in Scotland. Chapter 2 of the report presents the findings of this review ⁶.

Audit of initiatives in Scotland

1.16 The second part of the work involved identifying current and recent local work in Scotland which had been carried out to reduce alcohol-related disorder. It also sought information about the impact and success of these measures.

1.17 A pro forma was circulated to a range of organisations at a national and local level as follows:

• Police
• Licensing Boards
• Local authority policy units
• Alcohol Misuse Co-ordinating Committees
• Drinkwise Committees / Alcohol Focus Scotland
• Major alcohol industry / business organisations
• Relevant voluntary organisations
• Health Boards and Local Health Councils
• Social Inclusion Partnerships
• Community Safety Partnerships
• Other relevant local partnerships

1.18 The pro forma requested information about relevant work taking place in relation to:

• Under age drinking
• Other age restrictions on alcohol purchase / consumption
• Licensing hours
• Drinking up times
• Volume / concentration of licensed premises (on and off sales)
• Promotions
• Staff training
• Pubwatch
• Other schemes to improve safety

1.19 For each initiative, the following was also requested:

• A brief outline of the nature of the work undertaken
• The impact of the work
• Contact details

1.20 The information provided a picture of current and recent work which has been undertaken in Scotland, and this is summarised in Chapter 3. The implications of the findings from both parts of the work are then summarised in Chapter 4. The remainder of this chapter briefly sets the work in the broader context of alcohol-related crime and disorder.

THE LINKS BETWEEN ALCOHOL, CRIME AND DISORDER

1.21 Although this research did not review the extensive literature relating to the links between alcohol, crime and disorder, it is useful to outline briefly some of the key issues which have been raised in this debate in order to set the findings from Chapters 2 and 3 in context.

Defining alcohol-related crime and disorder

1.22 It should be recognised at the outset that that there is a current debate about the definition of "alcohol-related crime and disorder". This issue has been explored in detail in a recent report for The Portman Group (SIRC, 2002). This report points out that it is often assumed that the use of the term "alcohol-related" implies that there is a direct causal relationship between alcohol and some types of behaviour which are seen to constitute crime and disorder. There is, however, a lack of evidence of such a direct relationship, and the use of the term "alcohol-related" is more usually employed to indicate behaviour where alcohol is a contributory factor in the outcome, along with other influences. The same report notes, nevertheless, that this can extend to a broad definition that includes situations in which those involved in the behaviour have been drinking.

1.23 The variations in definition clearly lead to difficulties in definitive measurement of the extent of alcohol-related crime and disorder, and should be borne in mind throughout this report.

1.24 The purpose of this report, however, is not to measure the extent of alcohol-related crime and disorder, but to identify the nature of initiatives undertaken, and the perceived effectiveness of these, on the basis of existing evidence.

1.25 Against this background, the report considers those initiatives which have, in the view of organisations undertaking such work, been undertaken to address alcohol-related crime and disorder in Scotland, allowing organisations themselves to identify these initiatives. Whilst the limitations of clear measurement of the impact of these are acknowledged, the findings can nonetheless provide useful information to assist the deliberations of the Nicholson Committee.

Alcohol and crime

1.26 While it is not suggested that there is a direct causal link between alcohol and crime / disorder, the Home Office (2000), amongst other authors, suggests that a substantial amount of crime is committed while the individual is "under the influence of alcohol".

1.27 A report prepared for the Plan for Action on Alcohol Misuse ⁷ also noted that:

"it has been found that there is often a strong correlation between alcohol and aggression, and alcohol can affect the ability to take a range of social or situational signals into account".

The same report noted, however, that it is also important to recognise that alcohol "does not, in itself, cause disorder" ⁸, nor does it cause specific forms of behaviour such as domestic abuse ⁹. It is, however, suggested that alcohol can exacerbate violence or abuse.

1.28 Deehan (1999) provides a detailed account of the complex links between alcohol and crime, suggesting that, although it is not always a causal factor, it can contribute to and be linked with crime. A number of links are identified (Purser, 1995).

• It can cause the crime to be committed (in the case of drink driving or drunkenness offences)
• It can be linked to crimes against licensing laws (e.g. selling to, or serving people under age, serving people who are intoxicated)
• It can be a disinhibitor (e.g. where it is used for courage during an offence)
• It can be linked to crimes committed because of an alcohol problem (e.g. to obtain money or alcohol)
• It can be presented in mitigation as an explanation for criminal behaviour

1.29 It is also suggested that alcohol can be linked to aggression, and although:

"there is not a direct pharmacological link between alcohol and violent behaviour… it is more likely that alcohol increases aggression by influencing the social and cognitive processes" (Home Office, 1999 citing Bushman, 1997).

1.30 The report prepared for the Plan for Action on Alcohol Misuse suggested that alcohol can impact on crime in a number of ways:

• Through offences relating to alcohol (being drunk and disorderly, drunk and incapable, driving while under the influence of alcohol, or being drunk in charge of a child)
• Selling alcohol to people who are under the legal age to purchase this
• Committing offences whilst under the influence of alcohol

1.31 A Home Office report ¹⁰, for example, noted that:

"it has been estimated that 40% of violent crime, 78% of assaults and 88% of criminal damage cases are committed while the offender is under the influence of alcohol".

The same report pointed out that disorder around licensed premises is linked to alcohol and that many people may avoid city centres in the evening at weekends because of fear of "alcohol related violence or intimidation".

1.32 Similarly, one of several specialist reports ¹¹ commissioned to inform the Plan for Action noted that a study had found that around 64% of offenders and 44% of victims of crime had been drinking at the time of a violent offence. The summary of evidence report noted that:

"The same study suggested that police time accounted for 75% of the costs of alcohol misuse to the Scottish criminal justice system and emergency services (with prosecutions, custodial sentences and drink driving campaigning accounting for the remainder) ... the Catalyst study estimated that the cost to the criminal justice system and emergency services associated with alcohol misuse in Scotland is 267.9 million per annum."

1.33 A submission by a senior police officer to a SACAM expert seminar ¹², also stated that alcohol is a factor in 60-70% of homicides, 75% of stabbings, 50% of fights and 50% of all crime in the U.K. The summary of evidence report suggested that :

"links to crime emerged consistently across evidence strands as a major concern".

1.34 The Home Office "Alcohol and Crime Toolkit" ¹³ also notes the following:

• Alcohol is a factor in 40% of recorded domestic violence incidents.
• Victims of violence judged offenders to be under the influence of alcohol in 40% of incidents and in 53% of stranger violence
• 19% of all violent incidents occur in or around pubs or clubs, rising to a third of violent incidents where the offender is a stranger
• Drinking in bars is associated with greater violence or aggressive behaviour than in other drinking settings, such as private clubs or restaurants
• Alcohol consumption increases the vulnerability of an individual to assault
• Young males aged 16-24 are much more likely to be the perpetrators of alcohol-related violence than any other group

1.35 These data relating to the links between alcohol and crime were supported in perceptions identified in specialist research carried out with young people in a Save the Children study ¹⁴, and with alcohol misusers, their friends and families in a study by NFO System Three ¹⁵. The young people, for example, identified links between alcohol and crime such as:

• Vandalism
• Abusing people and swearing
• Getting drunk and disorderly
• Getting arrested
• Wrecking or stealing cars
• Lighting fires
• Stealing

1.36 The NFO System Three study also found that the personal experiences of many of those involved suggested links between alcohol and aggression, and an omnibus survey with a representative sample of the Scottish population ¹⁶ found that 70% of all respondents agreed with the statement that "most violent crime is alcohol-related".

Tackling alcohol-related¹⁷crime and disorder

1.37 Given these perceived links, it is argued that both the volume of alcohol consumed and the drinking environment can contribute to the likelihood of alcohol-related crime and disorder, and that tackling these issues may have an impact upon the incidence of crime and disorder. This has led to initiatives in the following broad areas:

• Addressing the general sale and consumption of alcohol through licensing restrictions and initiatives
• Addressing the consumption of alcohol by particular groups and in particular locations
• Changing the drinking environment

It should be noted that a large amount of preventive educational and awareness raising work has also been undertaken to tackle the perceived causes of alcohol problems, but these are largely outwith the remit of this report.

1.38 Similarly, there is considerable work taking place in relation to the provision of services to meet the needs of people who have problems with alcohol. There is a wide range of literature which relates both to preventive work and to service provision, often identifying innovative work in relation to these. This report does not, however, focus upon this (as this is again outwith the direct remit of the study).

1.39 It should also be noted that the written consultation and much of the literature stressed the need for partnership working to address alcohol-related issues. This was recognised in the range of organisations which were provided with the pro forma, and was identified in a number of the responses, through which many positive examples of partnership working were highlighted. Against this background, the next chapter presents the findings of the literature review.