Call to action – Alcohol adverts normalise binge drinking and under-regulation allows widespread access

23 September 2024
Alcohol Regulations, Industry newsNo Comments

Reprinted from the Daily Maverick, by Zimasa Mpemnyama – 2024-09-19

Zimasa Mpemnyama is the project lead of the DG Murray Trust’s Alcohol Harms Reduction campaign. 

In August 2024, the Western Cape Division of the High Court confirmed that the Kannaland Municipality had failed to protect public health and safety when it granted liquor stores, restaurants, bars and the like permission to sell alcohol into the early hours of the morning.

In a precedent-setting ruling that sends a clear signal to policymakers, Judge Nathan Erasmus declared the municipality’s decision invalid and unconstitutional. The case was brought by the DG Murray Trust, which has been lobbying for policies and laws that will reduce the impact of heavy and binge drinking on our society, economy and public health system.

The controversial by-law at the centre of the legal dispute extended liquor trading hours to 4am for on-consumption outlets while also extending off-consumption trading hours for liquor stores. The court’s decision reaffirms the need for municipalities to prioritise public health and safety over commercial interests.

The Kannaland case highlights the urgent need for stronger national policies to reduce alcohol-related harm by drawing on a growing body of local and international evidence.

Studies commissioned by the DG Murray Trust show that curbing late-night alcohol sales could significantly reduce alcohol-related violence, accidents, and other risky behaviour. The studies show that implementing a midnight closing time for all on-consumption liquor outlets in the Western Cape would prevent approximately 19,000 intentional injuries and 1,600 deaths annually. Extending the closing time to 2am, however, would lead to 17,500 more injuries and 1,470 additional deaths each year.

Reducing alcohol-related harm demands coordinated action from national government departments. While some might argue that other socioeconomic issues should be a priority for our Government of National Unity, chief among them unemployment and gender-based violence (GBV), people often forget that heavy drinking intersects with many of these big social problems.

Costs attributed to alcohol

Our country loses about 62,000 lives each year due to preventable alcohol-related incidents, and the economic costs attributed to alcohol far outweigh any benefits from taxes or economic productivity.

Direct costs to the state are estimated at R38-billion annually, with broader impacts costing an estimated R277-billion, according to calculations in 2014. Adjusted for inflation, this amounts to R457-billion annually.

But it doesn’t have to be this way. We have somewhat of a blueprint for turning this situation around.

Laws that ban tobacco advertising and restrict smoking in public places coupled with robust public health campaigns about the dangers of smoking have been in place for years. Now, our new Cabinet has an opportunity to follow in these public health policy footsteps by implementing measures to reduce alcohol harm.

Despite only 31% of South African adults consuming alcohol, 59% of them are binge drinkers, which is well above the global average. The World Health Organization (WHO) defines binge drinking as consuming 60 or more grams of pure alcohol in a single sitting, which means drinking more than five standard drinks in one sitting.

However, in night clubs, at sports games or braais it’s not out of the ordinary to see people with buckets of alcohol consumed in one night, several weekends in a row. The problem is that alcohol advertising normalises excessive drinking, promoting it as a status symbol, associated with success, glamour and social acceptance associated with influencers and celebrities.

On the other hand, under-regulation allows widespread access to alcohol. Tackling advertising and regulation head-on is vital to shifting South Africa’s drinking culture and reducing the burden on public health.

Ministers in positions to make a difference:

Trade, Industry and Competition

Passing the Liquor Amendment Bill must be a priority for the new administration. The bill has been stuck in legislative limbo since 2016 even though it’s a crucial draft law that would regulate alcohol advertising, restrict trading hours, and reduce alcohol availability, especially to minors. In various communities, we are seeing children as young as 13 years old binge drinking!

Health

The Department of Health must prioritise alcohol as a public health concern. The public health consequences of binge drinking are severe and include higher risks of violent crime, domestic abuse and fatal accidents. Beyond these acute harms, heavy drinking leads to long-term health issues like liver disease, cardiovascular problems and mental health disorders. We know from the experience of the Covid-19 lockdowns that limiting alcohol sales dramatically reduces trauma admissions and alcohol-related hospitalisations.

Social Development

The Department of Social Development plays a key role in addressing alcohol dependence. By expanding treatment facilities and psychosocial support systems, the government can help people struggling with alcohol addiction to recover and reintegrate into society. The Prevention of and Treatment for Substance Use Disorders Policy provides a framework for doing this, but it needs to be implemented well and be properly funded.

The Presidency

The president sets the tone for our national priorities. If something is led by the Presidency, it tends to be seen as a big issue. While President Cyril Ramaphosa often mentions the need to fight GBV through a national strategic plan, he must do more to demonstrate the links between GBV and heavy drinking.

While each department has a role to play in addressing alcohol-related harm, their efforts must be coordinated to be effective. A comprehensive approach, involving restrictions on sales, improved public health initiatives, and expanded addiction treatment programmes can alleviate the burden that alcohol places on our society.

Help with your liquor licence

SD Law supports responsible drinking and supply of alcohol.

If your liquor licence application renewal is outstanding we can help you with submission and the correct documentation. We can handle objections and manage any compliance issues. Get legal help with your liquor licence application here.

Further reading:

Some Chatsworth tuck shops accused of selling booze to minors

Disclaimer

The information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.