Shock booze law proposal

#Ocsober is an Australian intiative aimed at getting people to stay sober for the month of October.

#Ocsober is an Australian intiative aimed at getting people to stay sober for the month of October.

Published May 28, 2015

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Durban - The government wants to make liquor traders, manufacturers and distributors legally liable for harm or damage caused by people who have drunk too much alcohol.

This is a proposal from Trade and Industry Minister Rob Davies in a new discussion document in the Government Gazette dealing with proposed amendments to the Liquor Act.

The proposal has been welcomed by activist groups such as South Africans Against Drunk Driving, but insurance underwriters warned that it could open the liquor and hospitality industry to a range of new legal claims similar to medical malpractice suits.

According to the discussion document dated May 20: “It is proposed that liability for manufacturers and suppliers be introduced to ensure they take responsibility not to supply their products to unlicensed traders.

“In respect to retailers, in line with the agreed norms and standards, traders should not serve liquor products to already intoxicated persons.

“Should that happen and the intoxicated person is involved in a motor accident or crime related to substance abuse, the manufacturer, distributor and trader should bear liability for any harm or damages.”

Simon Colman, Underwriting executive of SHA Specialist Underwriters, said: “This would place responsibility on bars, restaurants and other alcohol-serving establishments for the actions of intoxicated patrons and could raise the number of liability claims in this sector to a similar level to that of medical malpractice claims.”

The proposals would cause “absolute havoc” in the hospitality industry, he said, and it would be difficult for establishments to determine who was drunk or not.

“I am not sure it’s the right thing to do by shifting the blame from the person to the alcohol establishment. That’s like saying there’s really no need to take responsibility for yourself.”

Caro Smit, founder of South Africans Against Drunk Driving, welcomed the proposal. She said it was a good step forward to highlight the harm done by alcohol abuse and towards making bar-workers more responsible.

It probably would affect the alcohol industry as people would drink less. “If you add up the incredible cost of alcohol abuse on the roads and violence to families and the health system, one will see that it will benefit the whole country and our economy.”

However, she said there must be rigorous enforcement.

“When high conviction rates result, only then will drunk driving decrease. People’s behaviour only changes when they are afraid of the legal and financial implications of their actions,” said Smit.

SA Breweries spokeswoman Robyn Chalmers said the company was studying the policy and would make a submission on the proposal.”

“As the SAB we believe that it is critical to come up with balanced and sustainable solutions that adequately promote responsible consumption and address alcohol abuse. Equally, measures to implement enforcement should be well considered. SAB is concerned with the high levels of alcohol abuse and believes the complexity of the issues requires a collective effort within the industry, law enforcement and the government.”

Head of policy at the Department of Trade and Industry, MacDonald Netshitenzhe, said the proposal would deter traders and suppliers from providing alcohol to “already drunk people”.

“This may reduce accidents, fights, stab wounds or family violence associated with drunken people. Strict liability is allowed in our law. Evidentiary proof may be a problem, but brand owners may want to develop a culture where their brands should not be associated with unlawful activities, drinking and causing damages.”

The discussion document was released for public comment earlier this month and also includes recommendations to raise the minimum legal age for drinking alcohol from 18 to 21 years.

The Mercury

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