Young People and Alcohol: Some Statistics on Possible Effects of Lowering the Drinking Age. Barb Lash

Transcription

1 Young People and Alcohol: Some Statistics on Possible Effects of Lowering the Drinking Age Barb Lash

2 First published in October 2002 by the Research and Evaluation Unit Ministry of Justice PO Box 180 Wellington New Zealand Crown Copyright ISSN

3 Contents Executive Summary 5 1 Introduction Legal background Alcohol available for consumption Scope of the report 10 2 Drinking behaviour of young New Zealanders Drinking by those aged years Drinking by those aged years Drinking by those aged years Information from national surveys of drug use in New Zealand 1998 and Indicators of alcohol-related offending by minors Minors drinking or possessing alcohol for consumption in a public place Minors in restricted or supervised areas of licensed premises Purchasing of liquor from licensed premises by minors Offences related to minors committed by managers, licensees or employees under the Sale of Liquor Act Indicators of alcohol-related offending by minors and all ages - disorderly behaviour 21 5 Indicators of alcohol-related traffic offending by those under 20 years old and all ages 25 6 Indicators of age-verification practices 29 7 Health indicators of alcohol-related harm for minors and all ages Alcohol-related hospitalisations Auckland Hospital Emergency Department experience of alcohol abuse 32 8 Educational indicators of alcohol-related harm to minors 35 9 Conclusions 37 References 39 Tables Table 1.1 Alcohol available for consumption 10 Table 3.1 Number of apprehensions and infringement notices for minors under 18 years old drinking or possessing alcohol for consumption in public places, Table 3.2 Number of apprehensions and infringement notices for minors under 18 years old in restricted or supervised areas of licensed premises, Table 3.3 Number of apprehensions and infringement notices for minors under 18 years old purchasing liquor from licensed premises, Table 3.4 Convictions and apprehensions for offences related to minors committed by managers, licensees or employees under the Sale of Liquor Act 1989,

4 Table 4.1 Number of apprehensions for disorderly behaviour for those under 18 years old, and percentage of all disorderly behaviour apprehensions, Table 4.2 Number of convictions for disorderly behaviour for those between 18 and 19 years old, and percentage of all disorderly behaviour convictions, Table 5.1 Prosecutions for driving with excess breath or blood alcohol, Table 5.2 Number and percentage of year old drivers involved in crashes who had alcohol recorded as a factor, Table 5.3 Percentage of drivers aged under 20 exceeding their legal breath alcohol limit from random roadside breath-testing data 28 Table 6.1 Number of sales made to 18 year olds without 'evidence of age documents' in Auckland cities and rural districts by type of premise 29 Table 6.2 Requests for 'evidence of age documents' from those under 20 years old, as a proportion of drinking occasions in licensed locations, by type of licensed location 30 Table 6.3 Requests for 'evidence of age documents' from those under 20 years old, as a proportion of successful purchases at takeaway outlets, by type of licensed location 30 Table 7.1 Number and percentage of publicly-funded hospitalisations where the primary diagnosis was alcohol-related, for those aged years, Table 7.2 Presentations at Auckland Hospital Emergency Department before and after the Sale of Liquor Amendment Act Table 8.1 Stand-downs and suspensions for alcohol in schools, Figures Figure 3.1 Number of apprehensions and infringement notices for minors under 18 years old drinking or possessing alcohol for consumption in public places, Figure 3.2 Number of apprehensions and infringement notices for minors under 18 years old in restricted or supervised areas of licensed premises, Figure 3.3 Number of apprehensions and infringement notices for minors under 18 years old purchasing liquor from licensed premises, Figure 3.4 Convictions for offences related to minors committed by managers, licensees or employees under the Sale of Liquor Act 1989, Figure 4.1 Number of apprehensions for disorderly behaviour for those under 18 years old, Figure 4.2 Number of convictions for disorderly behaviour for 18 and 19 year olds, Figure 5.1 Prosecutions for offences committed by those under 20 years old for driving with excess breath or blood alcohol, Figure 5.2 Number of year old drivers involved in crashes who had alcohol recorded as a factor,

5 Executive Summary Legal background The Sale of Liquor Amendment Act 1999 introduced a number of major changes that came into effect on 1 December 1999 concerning the minimum age that people may legally drink alcohol. Firstly, the legal minimum drinking age was lowered from 20 years to 18 years with one exception. Secondly, some offences involving minors became infringement offences where the person may either be prosecuted through the court system, or an infringement notice may be issued. A definition of 'evidence of age documents' was also introduced. Alcohol available for consumption In 2000, following the law change, the volume of alcoholic beverage available for consumption was 1.5 percent lower than in However, in 2001 the volume was 0.8% higher than in The volume of spirit-based drinks available for consumption has increased in each year following the law change. Scope of the report The first version of this report was published in 2002 (Lash 2002). This report updates the earlier report with new information and the inclusion, where possible, of another year of data. Some statistics on the possible effects of the Sale of Liquor Amendment Act 1999 are presented, focusing on the lowering of the drinking age. The statistics presented are mostly limited to those routinely collected on a national basis. The statistics do not explicitly measure the impact of lowering the minimum legal drinking age, rather, they are indicators of the possible impact. Changes in indicator levels over time may be due to other factors, such as changes in Police practices or recording practices. At best, statistical information was available for two years following the law change. For these reasons the statistics presented in the report represent only a partial picture of the likely impact of lowering the drinking age. Drinking behaviour of young New Zealanders Results from the Alcohol and Public Health Research Unit comparison of the 1995 and 2000 national surveys of drinking in New Zealand (Habgood et al. 2001) showed that, while the proportion of year olds who had consumed alcohol in the previous 12 months had not significantly increased, the frequency of drinking by those who drank, and the amount consumed on a typical occasion had significantly increased. The prevalence of drinking by year olds did not change significantly over the fiveyear period. However, the year olds who drank had increased their frequency of drinking and increased their average consumption of alcohol on a typical drinking occasion. The prevalence of drinking by year olds increased slightly between 1995 and 2000, the increase being higher among year old women. Among year olds who drank alcohol, their average consumption of alcohol on a typical occasion increased from five to seven drinks over the five-year period. 5

6 Results from the Alcohol and Public Health Research Unit surveys of drug use in New Zealand in 1998 and 2001 (Wilkins et al. 2002) showed that there were increases from 1998 to 2001 in the percentages of males and females aged who consumed enough to feel drunk at least monthly in the last year. Indicators of alcohol-related offending by minors The number of apprehensions of under 18 year olds for drinking or possessing alcohol for consumption in a public place increased from 834 in 1994 to 1430 in 1999, but decreased to 451 in 2000 and 380 in Since the number of infringement notices issued to minors drinking or possessing alcohol in a public place in 2000 and 2001 (2818 and 2340 respectively) were more than the number of apprehensions in each of the years 1994 to 1999, it appears that Police dealt with more of this type of offending in 2000 and 2001 than in previous years. The increase in the amount of this type of offending dealt with by the Police was more than would have been expected based on the trend in apprehensions from 1994 to The number of apprehensions of under 18 year olds for being in restricted or supervised areas on licensed premises decreased from 466 in 1994 to 235 in In 2000, the number of such apprehensions decreased markedly to 51, and continued at the lower level in 2001 (49). Police issued 263 infringement notices to under 18 year olds for this offence in 2000 and issued 162 infringement notices in The number of apprehensions of under 18 year olds for purchasing liquor from licensed premises fluctuated a little between 1994 and There were 98 such apprehensions in 1994 compared with 76 in The number of these apprehensions decreased markedly to 17 in In the same year Police issued only 24 infringement notices to minors. In 2001, both the number of apprehensions and infringement notices increased slightly from the 2000 figures, however the total number dealt with by the Police was still less than the number apprehended each year prior to the law change. The number of managers, licensees or employees convicted for offences related to minors under the Sale of Liquor Act 1989 reached a peak of 46 in 1994 before tending to decrease in subsequent years to 10 in Indicators of alcohol-related offending by minors and all ages - disorderly behaviour People committing disorderly behaviour offences may be more likely to be under the influence of alcohol when the offence was committed. The upward trend in the number of apprehensions of under 18 year olds for disorderly behaviour shown prior to the law change continued in 2000 and The trend reflects an increase over the same time period for apprehensions of people of all ages for disorderly behaviour offences. The number of convictions of year olds for disorderly behaviour continued to increase following the law change. The trend reflects an increase over the same time period for convictions of people of all age groups for disorderly behaviour offences. 6

7 Indicators of alcohol-related traffic offending by those under 20 years old and all ages The number of those between 14 and 17 years old prosecuted for driving with excess breath or blood alcohol showed an increasing trend from 600 in 1992 to 911 in The upward trend continued in the two years following the law change, with 1053 prosecutions in Between 1992 and 1999, the number of people 18 or 19 years old prosecuted for driving with excess breath or blood alcohol fluctuated between 1990 and In each of the years after the law change the number of such prosecutions increased, and at 2399 in 2001 was higher than for any year since The numbers of year old drivers involved in crashes with alcohol recorded as a factor contributing to the crash decreased between 1992 and 1999, and the decreasing trend continued into 2000, before increasing slightly in The percentage of all year old drivers involved in crashes with alcohol recorded as a factor contributing to the crash similarly decreased between 1992 and 1999, with the decreasing trend continuing into 2000, and increasing slightly in Compulsory breath testing operations carried out in the year 2000 showed that the percentage of drivers under 20 years old who exceeded the legal breath alcohol limit was slightly less than the percentage in each of the preceding three years. Indicators of age-verification practices Results from the Auckland Pseudo Patrons Project (Woolgrove et al. 2002) showed that almost two-thirds of the off-license premises surveyed in the Auckland area sold alcohol to the 18 year old pseudo patrons without 'evidence of age documents'. Staff in grocery shops were the most likely to sell alcohol to 18 year olds without ID. Habgood et al reported that requests for 'evidence of age documents' as a proportion of drinking occasions were highest for year olds compared with and year olds. People under 20 drinking in pubs or nightclubs were more likely to be asked for 'evidence of age documents' than in other types of licensed locations. Requests for 'evidence of age documents' as a proportion of successful purchases of alcohol at takeaway outlets were higher for year olds than for year olds. Health indicators of alcohol-related harm for minors and all ages Alcohol-related hospitalisations For year olds, the number of publicly-funded hospitalisations where the primary diagnosis was alcohol-related fluctuated between 124 in 1996 and 158 in 1999, and increased to 205 in Hospitalisations for this age group comprised between 7% and 10% of all hospitalisations where the primary diagnosis was alcohol-related, with the percentage being slightly higher in 1999 and 2000 than between 1996 and For year olds, the number of publicly-funded hospitalisations where the primary diagnosis was alcohol-related showed an increasing trend from 55 in 1996 to 85 in 1999, 7

8 and continued to increase to 114 in Hospitalisations for this age group comprised between 3% and 6% of all hospitalisations where the primary diagnosis was alcoholrelated, with the percentage being slightly higher in 1999 and 2000 than between 1996 and The total number of publicly-funded hospitalisations where the primary diagnosis was alcohol-related also increased from 1683 in 1996 to 1735 in 1999, with the increase continuing to 2087 in Auckland Hospital Emergency Department experience of alcohol abuse A recent study (Everitt & Jones 2001) found that the proportion of intoxicated 18 and 19 year olds presenting to the Auckland Hospital Emergency Department increased from 3% to 4% after the Sale of Liquor Amendment Act There were also small increases in the proportion of intoxicated year olds and number of intoxicated over 19 year olds presenting to the Emergency Department one year after the law change. Educational indicators of alcohol-related harm to minors The available information suggests that alcohol was not a major reason for students being suspended or stood-down from school in 2000 or Conclusions The statistics presented in this paper show a mixed and partial picture of the possible impact of lowering the drinking age. The indicators presented here point to diverse trends with no clear picture of whether the change in legislation has had a detrimental effect on young people's drinking behaviour. While this second report includes 2001 data for most indicators (most indicators in the first report stopped at 2000), the time frame is still too short for conclusive analysis of the impact of lowering the drinking age. Further and more complete data is needed to better assess the impact of lowering the drinking age. 8

9 1 Introduction 1.1 Legal background The Sale of Liquor Amendment Act 1999 introduced a number of major changes concerning the minimum age that people may legally drink alcohol. Two of these changes came into effect on 1 December Firstly, the legal minimum drinking age was lowered from 20 years to 18 years with one exception. Previously there had been a number of exceptions to the legal minimum drinking age of 20 years. Secondly, some offences involving minors became infringement offences where the person may either be prosecuted through the court system, or an infringement notice may be issued. (Those issued with an infringement notice must pay an infringement fee or request a hearing.) The infringement offences are those involving minors under 18 years old who purchase liquor on or from licensed premises, are found in a restricted area on licensed premises, are found in any supervised area on licensed premises unless accompanied by a parent or guardian, who drink alcohol in a public place while not accompanied by a parent or guardian, or who possess alcoholic drink for consumption in a public place while not accompanied by a parent or guardian. The 1999 amendment introduced a definition of 'evidence of age documents'. A person who is charged with selling or supplying liquor to a person under 18 years or permitting a person under 18 to be in restricted or supervised areas of licensed premises has a defence if, at the time of the offence, they sighted a recognised 'evidence of age document' that indicated that the person was at least 18 years old. The three recognised 'evidence of age documents' are a passport, a photo driver licence, or a Hospitality Association of New Zealand 18+ card. 1.2 Alcohol available for consumption Table 1.1 shows that the total volume of alcoholic beverage available for consumption in the year ended December 2001 was 0.8 percent higher than in The main contributor to the increase was a 9.9% increase in the volume of spirits and spirit-based drinks available for consumption. The volume of spirit-based drinks available for consumption increased by 15.4% in the December 2001 year. This increase followed a 22.0% increase in the previous year. The total volume of wine available for consumption decreased by 1.4% from the December 2000 year. 9

10 Table 1.1 Alcohol available for consumption (1) Table Wine (2) Volume of Available Beverage Fortified Total Wine Beer Spirit-based Spirits (5) Total Spirits Wine (3) Drinks (4) and Spiritbased Drinks Total Million Litres Year ended December Percentage change from previous December year Notes: (1) Alcohol available for consumption is calculated from production for domestic consumption plus imports less re-exports. The above table does not include alcoholic beverages produced by households. (2) Table wine has an alcohol content less than or equal to 14 percent. (3) Fortified wine has an alcohol content greater than 14 percent. (4) Spirit-based drinks have an alcohol content less than or equal to 23 percent. They include RTDs (ready-to-drink beverages), beer, and wine, that are spirit-based. (5) Spirits have an alcohol content greater than 23 percent. (6) Source Statistics New Zealand Scope of the report This report presents some statistics on the possible effects of the Sale of Liquor Amendment Act 1999, and focuses on the lowering of the drinking age. The statistics presented are mostly limited to those statistics routinely collected on a national basis for various purposes. The statistics presented do not explicitly measure the impact of lowering the minimum legal drinking age, rather, they are indicators of the possible impact of lowering the drinking age. Changes in indicator levels over time may be due to other factors, such as changes in Police practices or recording practices. At best, statistical information was available for two years following the law change. For these reasons, these statistics represent only a partial picture of the likely impact of lowering the drinking age. The first version of this report was published in 2002 (Lash 2002). This report updates the earlier report with new information and the inclusion of another year of data. 10

11 2 Drinking behaviour of young New Zealanders The Alcohol and Public Health Research Unit conducted surveys of drinking in New Zealand in 1995 and The 1995 survey consisted of 4232 people, and the 2000 survey interviewed 5113 people. The results of the surveys are compared in Habgood et al The report is of interest as the surveys measured the drinking behaviour of New Zealanders before and after the 1999 amendments to the Sale of Liquor Act The surveys also asked some questions that focussed on drinking by young people. All drinkers under 20 years old were asked where they drank, how often they were refused entry to various licensed premises, or once inside, refused alcohol because of their age, how often they were asked for age verification documents, and their experiences of buying takeaway alcohol. This section mainly presents those results that relate to the drinking behaviour of young people. 2.1 Drinking by those aged years While the proportion of year olds who had consumed alcohol in the previous 12 months did not significantly increase between 1995 and 2000, the frequency of drinking by those who drank and the amount consumed on a typical occasion, significantly increased. The average year old who drank, became a weekly drinker and his or her average consumption on a typical occasion rose from three to five drinks. There were few changes over the five-year period in the proportions of those aged years drinking in licensed locations. Fifty-one percent of year olds had consumed alcohol at special events (dances, music events and festivals) in The next most popular locations for consuming alcohol in 2000 were at sports events, restaurants, cafes and coffee shops. With the exception of bottle stores, where the proportions of year olds purchasing alcohol decreased from 12% in 1995 to 5% in 2000, there was little change for this age group between 1995 and 2000 in the proportions buying takeaway alcohol at any location. 2.2 Drinking by those aged years The prevalence of drinking by year olds did not change significantly over the five-year period. However, year olds who drank in the past 12 months increased their frequency of drinking and also increased their average alcohol consumption on a typical drinking occasion from four to seven drinks. Between 1995 and 2000 there were no significant changes in the proportions of year olds drinking at least once in the past year in licensed locations. Fifty-seven percent had consumed alcohol at special events in About one in four had consumed alcohol at least once in pubs, hotels or taverns, at sports events or at sports clubs that year. The percentage of year olds who bought alcohol at least once in the previous 12 months from bottle stores in pubs, hotels or taverns decreased from 30% in 1995 to 21% in There was also a decrease in the proportion of this age group buying from wine shops. 11

12 However, over the same period, purchases of alcohol from supermarkets by year olds increased from 8% to 15%. 2.3 Drinking by those aged years Overall, the prevalence of drinking in the past year by year olds increased slightly between 1995 and The increase was greater among year old women - in 1995, 78% had consumed alcohol in the previous year, compared with 89% in Eighteen or 19 year old drinkers significantly increased their quantities of alcohol consumed on a typical occasion - an average increase from five to seven drinks over the five-year period. There were few changes in the proportions of year olds drinking in licensed locations. Pubs were their most popular drinking venue (72%). The proportion of year olds who had bought alcohol at least once from wine shops or wholesalers increased from 70% in 1995 to 83% in Information from national surveys of drug use in New Zealand 1998 and 2001 Recently the Alcohol and Public Health Research Unit published the results of surveys of drug use in New Zealand in 1998 and 2001 (Wilkins et al. 2002). Alcohol is one of the drugs studied in the survey, although the alcohol questions are not as extensive as those reported in Habgood et al The report tended to confirm the results reported in Habgood et al The proportion of females aged who drank four drinks or more at least once a week increased from 15% in 1998 to 28% in There were increases in the percentages of males aged years (from 43% in 1998 to 58% in 2001) and females aged (from 33% to 50%) who consumed enough to feel drunk at least monthly in the last year. 12

13 3 Indicators of alcohol-related offending by minors Before the Sale of Liquor Act 1989 was amended in December 1999 the term 'minor' would have included all people under 20 years old. Where this section analyses offending by minors, the term 'minor' is used to refer to those who were under 18 years old. However, when the offending by managers, licensees and employees related to minors was analysed, it was not possible to provide analysis only for minors under 18 years old. For the analysis of offending by minors, Police apprehensions, rather than prosecutions or convictions, are used as a measure of offending. Because of the provisions of the Children, Young Persons and Their Families Act 1989 most young offenders (those between 14 and 16 years old) are not prosecuted in formal court proceedings. For this reason, Police apprehensions give a more accurate indication of the amount of offending by year olds. 3.1 Minors drinking or possessing alcohol for consumption in a public place The offence of a minor drinking or possessing alcohol for consumption in a public place is defined in section 38 of the Summary Offences Act As well as lowering the definition of the minimum drinking age from 20 to 18 years, the Sale of Liquor Amendment Act 1999 made this offence an infringement offence from 1 December Table 3.1 Number of apprehensions and infringement notices for minors under 18 years old drinking or possessing alcohol for consumption in public places, Year Apprehensions Infringement notices * Notes: (1) * = 'not available'. (2) - = 'not applicable'. (3) Source New Zealand Police. 1 For infringement offences, the person may either be prosecuted through the court system, or an infringement notice may be issued. 13

14 Between 1994 and 1999 apprehensions for minors (those under 18) drinking or possessing alcohol for consumption in a public place increased from 834 to However, after the 1999 legislative changes, the number of such apprehensions decreased to 451 in 2000, and 380 in Much of the decrease from 2000 is due to a change in Police practice to a preference for the issuing of an infringement notice rather than apprehending an offender. 2 In 2000, Police issued 2818 infringement notices for minors drinking or possessing alcohol for consumption in a public place, and in 2001, 2340 such infringement notices were issued. Figure 3.1 Number of apprehensions and infringement notices for minors under 18 years old drinking or possessing alcohol for consumption in public places, Infringements Apprehensions year Since the number of infringement notices issued to minors drinking or possessing alcohol in a public place in 2000 and 2001 (2818 and 2340 respectively) were more than the number of apprehensions in each of the years 1994 to 1999 (between 834 and 1660), it appears that Police dealt with more of this type of offending in 2000 and 2001 than in previous years. The increase in the amount of this type of offending dealt with by the Police was more than would have been expected based on the trend in apprehensions from 1994 to The increase in the numbers of minors drinking or possessing alcohol for consumption in a public place dealt with by Police may have occurred because it is easier to issue an infringement notice than apprehend an offender. Thus, some offenders who may not have been apprehended in the past had an infringement notice issued against them. However, anecdotal information from Police staff, particularly Youth Aid officers, around the country indicates that there has been an increase in minors drinking in public and in the numbers of intoxicated young people on the streets. 2 Infringement notices are not included in Police apprehension statistics. 14

15 3.2 Minors in restricted or supervised areas of licensed premises The offences of minors being found in a restricted or supervised area of licensed premises are defined in section 163 of the Sale of Liquor Act Prior to the 1999 changes to the Sale of Liquor Act 1989 that lowered the legal minimum drinking age from 20 years to 18 years (with one exception) there had been a number of exceptions to the legal minimum drinking age of 20 years. The exemptions that applied to restricted and supervised areas were: Restricted Areas: A person who is of 18 years or over and who is accompanied by an adult spouse, a parent, or a guardian could be present in a restricted area. Supervised Areas: Any person could be present in a supervised area if under 20 and accompanied by an adult spouse, a parent, a guardian, or any other adult family member properly responsible for him or her. A person of 18 years or over could be present in the supervised area by himself or herself for the purpose of having a meal. The exemption that now applies to supervised areas is: Supervised Areas: A person under 18 may be present in a supervised area if accompanied by a parent or guardian. The Sale of Liquor Amendment Act 1999 also made these offences infringement offences from 1 December 1999 where the person may either be prosecuted through the court system, or an infringement notice may be issued. Between 1994 and 1999 apprehensions of minors (those under 18 years old) in restricted or supervised areas on licensed premises decreased from 466 to 235. However, after the 1999 legislative changes, the number of such apprehensions decreased markedly to 51 in 2000, and continued at the lower level in 2001 (49). Police suggest that the reduction in apprehensions for minors in restricted or supervised areas on licensed premises may be due to improved age identification, greater compliance from licensed premises, or Police preference for issuing an infringement notice to young people. Table 3.2 Number of apprehensions and infringement notices for minors under 18 years old in restricted or supervised areas of licensed premises, Year Apprehensions Infringement notices * Notes: (1) * = 'not available'. (2) - = 'not applicable'. (3) Source New Zealand Police. 15

16 Figure 3.2 Number of apprehensions and infringement notices for minors under 18 years old in restricted or supervised areas of licensed premises, Infringements Apprehensions year In the year 2000, Police issued 263 infringement notices 3 for minors in restricted or supervised areas of licensed premises, and in 2001, 162 such infringement notices were issued. The 2001 figure is just over half of the 2000 figure, and Police suggest that the drop could be attributed to a number of factors including changes in Police resourcing and practice. Some Police officers consider that the $200 fine is too high, leading to a preference for warning offenders rather than issuing an infringement notice (New Zealand Police 2001, and Greenaway et al p. 46). In summary, these statistics present a mixed picture of minors in restricted or supervised areas of licensed premises who were dealt with by the Police. The total number of such offenders who were either apprehended or had an infringement notice issued in 2000 was greater than the number apprehended in 1998 or 1999, but less than the numbers apprehended in earlier years (1994 to 1997). In 2000 Police issued more infringement notices to these offenders than the number they had apprehended in However, the number of infringement notices in 2001 decreased to just over half the 2000 infringement notices, so that the total number of such offenders who were either apprehended or had an infringement notice issued in 2001 was slightly less than the number apprehended in Purchasing of liquor from licensed premises by minors The offence of minors purchasing liquor from licensed premises is defined in section 162 of the Sale of Liquor Act Prior to the 1999 changes to the Sale of Liquor Act 1989 there had been a number of exceptions to the legal minimum drinking age of 20 years. The 3 Infringement notices are not included in Police apprehension statistics. 16

17 exemptions that applied to purchasing in areas other than restricted and supervised areas were: Liquor could be purchased by a person of 18 years or over who is accompanied by an adult spouse, or a parent, or a guardian. Liquor could be purchased in other than a restricted area by a person who is 18 years or over or is accompanied by an adult spouse, or a parent or guardian for consumption as part of a meal. There are now no exemptions for this offence. The Sale of Liquor Amendment Act 1999 also made this offence an infringement offence. From 1 December 1999 a person may either be prosecuted through the court system, or an infringement notice may be issued. Licensed premises include all premises which are licensed to sell liquor. The Sale of Liquor Act 1989 lists four types of licenses; on-licenses, off-licenses, club licenses and special licenses. Police apprehended between 76 and 99 minors (those under 18 years old) for purchasing liquor from licensed premises each year between 1994 and However, after the 1999 changes, the number of such apprehensions decreased markedly to 17 in the year The number of apprehensions increased slightly to 25 in Some of this decrease in 2000 will be because of a Police preference for the issuing of an infringement notice. In 2000 Police either apprehended or issued an infringement notice for 41 offences for minors purchasing liquor, 46% less than the 76 apprehensions in In 2001, Police either apprehended or issued an infringement notice for 56 offences for minors purchasing liquor, slightly more than in 2000, but 25% less than the 76 apprehensions in Table 3.3 Number of apprehensions and infringement notices for minors under 18 years old purchasing liquor from licensed premises, Year Apprehensions Infringement notices * Notes: (1) * = 'not available'. (2) - = 'not applicable'. (3) Source New Zealand Police. 17

18 Figure 3.3 Number of apprehensions and infringement notices for minors under 18 years old purchasing liquor from licensed premises, Infringements Apprehensions Year Police have identified some difficulties associated with the enforcement of the Act. Many of the problems centre on off-licensed premises where the purchase of alcohol by a minor may only take a matter of minutes, meaning that there is little recourse unless Police were present at the time the offence was committed. The problem is compounded in supermarkets where the liquor aisles are not designated as restricted or supervised areas, and many cashiers are under age themselves. However, Police note that this situation is not new, and has not changed as a result of the amended Act. While on-license premises are easier to police through visits and the verification of age identification, this process can be time consuming and involve a number of officers. In summary, in both 2000 and 2001 Police dealt with less minors purchasing liquor from licensed premises by issuing an infringement notice or apprehending the person, than they apprehended in previous years (1994 to 1999). 3.4 Offences related to minors committed by managers, licensees or employees under the Sale of Liquor Act 1989 Offences analysed in this section are those in Sections 155 and 164 of the Sale of Liquor Act These offences relate to selling or supplying liquor to minors, and permitting minors to be in restricted or supervised areas. The Sale of Liquor Amendment Act 1999 changed the definition of minor from those under 20 to those under 18 years old from 1 December

19 In this section, convictions are used as the main measure of offending rather than apprehensions. 4 The number of managers, licensees or employees convicted for offences related to minors under the Sale of Liquor Act 1989 reached a peak of 46 in 1994 before tending to decrease in subsequent years to 10 in Table 3.4 Convictions and apprehensions for offences related to minors committed by managers, licensees or employees under the Sale of Liquor Act 1989, Year Convictions (2) Apprehensions (3) Notes: (1) - = 'not available'. (2) Source Ministry of Justice. (3) Source New Zealand Police. Police apprehensions of managers, licensees or employees for offences under the Sale of Liquor Act 1989 relating to minors showed a similar decreasing trend to the trend for convictions, decreasing from 294 in 1994 to 86 in Police suggest this decrease may indicate improved age identification and greater compliance from licensed premises. It is also possible that this decline is due to a Police preference for issuing an infringement notice to young people rather than taking the more time consuming and resource-intensive action against licensed premises. The total number of minors found in restricted or supervised areas of licensed premises that were apprehended or issued with infringement notices in the year 2000 was more than the number of minors apprehended by the Police in the two previous years (see Table 3.2). The decline may also indicate wider use of section 132 of the Sale of Liquor Act 1989 to make applications to the Liquor Licensing Authority for the suspension or cancellation of a license. 4 Apprehensions were used to measure offending by minors. Because of the provisions of the Children, Young Persons and Their Families Act 1989, most young offenders, those between 14 and 16 years old, are not prosecuted in formal court proceedings. However, these provisions generally do not apply to managers, licensees or employees. 19

20 Figure 3.4 Convictions for offences related to minors committed by managers, licensees or employees under the Sale of Liquor Act 1989, Year 20

21 4 Indicators of alcohol-related offending by minors and all ages - disorderly behaviour Information is not generally available on whether a person was under the influence of alcohol when an offence was committed. (The exception is where alcohol is part of the definition of the offence e.g. driving under the influence of alcohol.) However, it is possible that those committing disorderly behaviour offences may be more likely to have been under the influence of alcohol when the offence was committed. Police staff in several districts have reported an increase in disorder offences relating to largescale beach parties. However, the Police also commented that there was no direct evidence to attribute the increase in disorder offences for young people to the lowering of the drinking age. Police apprehensions, rather than prosecutions or convictions, are used as a measure of offending for those under 18 years old. Because of the provisions of the Children, Young Persons and Their Families Act 1989 most young offenders (those between 14 and 16 years old) are not prosecuted in formal court proceedings. Table 4.1 Number of apprehensions for disorderly behaviour for those under 18 years old, and percentage of all disorderly behaviour apprehensions, Year Number under 18 years old Percentage of all disorderly behaviour % % % % % % % % Notes: 1 Disorderly behaviour offences are mostly behaving in a disorderly or offensive manner (s.4 Summary Offences Act 1981), disorderly or threatening behaviour (s.3 Summary Offences Act 1981), and fighting in a public place (s.7 Summary Offences Act 1981). 2 Source New Zealand Police. The number of apprehensions of people under 18 years old for disorderly behaviour has shown an increasing trend from 1850 in 1994 to 2672 in However, total apprehensions for disorderly behaviour for all age groups have also been increasing. The percentage of all apprehensions involving people under 18 years old has fluctuated between 16% and 18% each year during this period. 21

22 Figure 4.1 Number of apprehensions for disorderly behaviour for those under 18 years old, year Convictions, rather than apprehensions, are used as the measure of offending for those 18 or 19 years old because the provisions of the Children, Young Persons and Their Families Act 1989 do not apply to this age group. Table 4.2 Number of convictions for disorderly behaviour for those between 18 and 19 years old, and percentage of all disorderly behaviour convictions, Year Number years old Percentage of all disorderly behaviour convictions % % % % % % % % % % Notes: 1 Disorderly behaviour offences are mostly behaving in a disorderly or offensive manner (s.4 Summary Offences Act 1981), disorderly or threatening behaviour (s.3 Summary Offences Act 1981), and fighting in a public place (s.7 Summary Offences Act 1981). 2 Source Ministry of Justice. 22

23 Figure 4.2 Number of convictions for disorderly behaviour for 18 and 19 year olds, year The number of 18 and 19 year olds who were convicted of disorderly behaviour increased strongly throughout the decade (from 286 in 1992 to 1023 in 2001), as did the total number of convictions for disorderly behaviour for all age groups. The percentage of all disorderly behaviour convictions for 18 and 19 year olds decreased between 1992 and 1996 (from 20% to 16%), but has been increasing since then. 23

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25 5 Indicators of alcohol-related traffic offending by those under 20 years old and all ages Prosecutions are used as a measure of traffic offending for those under 20 years old. 5 It is important to note, however, that under the provisions of the Children, Young Persons and Their Families Act 1989 most young offenders (those between 14 and 16 years old) are not prosecuted in formal court proceedings. The number of those between 14 and 17 years old prosecuted for driving with excess breath or blood alcohol showed an increasing trend from 600 in 1992 to 911 in The upward trend continued in the two years following the law change, with 1053 prosecutions in Between 1992 and 1999, the number of people 18 or 19 years old prosecuted for driving with excess breath or blood alcohol fluctuated between 1990 and In each of the years after the law change the number of such prosecutions increased, and at 2399 in 2001, was higher than for any year since Table 5.1 Prosecutions for driving with excess breath or blood alcohol, Year All driving with excess alcohol Number % Number % Number % Notes: 1 Offences included in this table relate to driving with excess alcohol (including offences where death or injury was involved). Offences related to driving under the influence of drugs are excluded, as are offences related to refusing to supply a blood specimen. 2 Although a person under the age of 15 cannot hold a driver licence, each year a number of 14 year old drivers were prosecuted for driving with excess alcohol. 3 Source Ministry of Justice. The total number of prosecutions for driving with excess breath or blood alcohol showed a decreasing trend from 1992 to 1999, apart from increases in 1995 and 1996, continued to decrease in 1999, before increasing in The proportion of all drivers prosecuted for driving with excess breath or blood alcohol who were under 18 showed an increasing trend across the decade from 3% in 1992 to 5% in The proportion of all drivers prosecuted 5 Apprehension data for traffic offending is not available. 25

26 for driving with excess breath or blood alcohol who were 18 or 19 years old fluctuated between 9% and 12% between 1992 to 2001, although this percentage was higher in the two years following the law change. Although there were increases in young people prosecuted for traffic offences involving alcohol after the drinking age was lowered, there were changes other than lowering the drinking age which may have influenced prosecutions of these young people. Recent changes in licensing procedures 6 made drivers under 20 years old easier to identify. (Drivers under the age of 20 have lower allowable alcohol limits, and the driver must be identified as under 20 so that the testing equipment can be set to the correct level.) Some information on the influence of better identification of young drivers on the prosecution of young people for traffic offences involving alcohol was provided by separate analysis of those prosecuted for the lower allowable alcohol limits. The analysis showed that these prosecutions accounted for most of the increase in 2001 in the number of people between 18 and 19 years old who were prosecuted for excess breath or blood alcohol. Figure 5.1 Prosecutions for offences committed by those under 20 years old for driving with excess breath or blood alcohol, Year Table 5.2 shows the number and percentage of year old drivers involved in reported injury and fatal crashes which had alcohol recorded as a factor. These data relate to the 12 month periods from 1 December to 30 November the following year. Both the number and the percentage of year old drivers involved in crashes who had alcohol recorded as a 6 The two recent changes to the licensing procedure were photo driver licenses and the mandatory production of driver licences. The photo driver licence upgrade took place over a 14 month period from 3 May 1999 to early July By 1 December 1999, approximately half of the driving population would have upgraded their licences. From 3 May 1999, drivers were required to produce immediately their driver licence for inspection at the request of an enforcement officer. 26

27 factor that contributed to the crash decreased between 1992 and Following the law change, for each of the age ranges, and 18 19, the numbers and percentages increased slightly, but were still much lower than the 1992 figures. Table 5.2 Number and percentage of year old drivers involved in crashes who had alcohol recorded as a factor, Year ending November Number Percent Number Percent Number Percent % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % Note: Source Land Transport Safety Authority. Figure 5.2 Number of year old drivers involved in crashes who had alcohol recorded as a factor, Year Activities that have contributed to these decreases include the introduction of compulsory breath testing (CBT) in 1993, and increased enforcement and advertising effort associated with the Supplementary Road Safety Package funding from late

28 In 1999 a number of further changes were introduced. These included photo driver licences, the mandatory production of driver licences, the mandatory licence suspension regime that targets grossly-intoxicated drivers, the introduction of more severe penalties for repeat drinkdrive offences, and vehicle impoundment. (While vehicle impoundment directly targets illegal drivers, it may also impact indirectly on drink-drivers since many of them are also disqualified or unlicensed.) From 1997 to 2000, the Police have collected data from special CBT check-points to determine the proportion of drivers exceeding their legal breath alcohol limits. These checkpoint operations were conducted at randomly-chosen sites at high risk times for alcohol impaired driving (i.e. on Friday and Saturday nights between the hours of 10pm and 2am). Table 5.3 shows that the percentage of drivers under 20 years old who exceeded the legal breath alcohol limit in 2000 was slightly less than the percentage in each year between 1997 and Table 5.3 Percentage of drivers aged under 20 exceeding their legal breath alcohol limit from random roadside breath-testing data Year Percentage of drivers aged under 20 exceeding their legal breath alcohol limit % % % % Note: Source Land Transport Safety Authority. The three traffic indicators prosecutions for driving with excess alcohol, numbers of drivers involved in crashes who had alcohol recorded as a factor, and percentage of drivers under 20 exceeding their legal breath alcohol limit showed slightly different trends. The number of young people prosecuted for driving with excess alcohol in 2001 was higher than in any year since The numbers of young drivers involved in crashes who had alcohol recorded as a factor that contributed to the crash trended upwards in 2001 but was still much lower than before the law change. The percentage of drivers under 20 years old who exceeded the legal breath alcohol limit in 2000 was slightly lower than in the years prior to the law change. 28