Young People and Alcohol: Some Statistics on Possible Effects of Lowering the Drinking Age Barb Lash
First published in October 2002 by the Research and Evaluation Unit Ministry of Justice PO Box 180 Wellington New Zealand Crown Copyright ISSN 1175-9984 2
Contents Executive Summary 5 1 Introduction 9 1.1 Legal background 9 1.2 Alcohol available for consumption 9 1.3 Scope of the report 10 2 Drinking behaviour of young New Zealanders 11 2.1 Drinking by those aged 14 15 years 11 2.2 Drinking by those aged 16 17 years 11 2.3 Drinking by those aged 18 19 years 12 2.4 Information from national surveys of drug use in New Zealand 1998 and 2001 12 3 Indicators of alcohol-related offending by minors 13 3.1 Minors drinking or possessing alcohol for consumption in a public place 13 3.2 Minors in restricted or supervised areas of licensed premises 15 3.3 Purchasing of liquor from licensed premises by minors 16 3.4 Offences related to minors committed by managers, licensees or employees under the Sale of Liquor Act 1989 18 4 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 31 7.1 Alcohol-related hospitalisations 31 7.2 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, 1994-2001 13 Table 3.2 Number of apprehensions and infringement notices for minors under 18 years old in restricted or supervised areas of licensed premises, 1994-2001 15 Table 3.3 Number of apprehensions and infringement notices for minors under 18 years old purchasing liquor from licensed premises, 1994-2001 17 Table 3.4 Convictions and apprehensions for offences related to minors committed by managers, licensees or employees under the Sale of Liquor Act 1989, 1992-2001 19 3
Table 4.1 Number of apprehensions for disorderly behaviour for those under 18 years old, and percentage of all disorderly behaviour apprehensions, 1994-2001 21 Table 4.2 Number of convictions for disorderly behaviour for those between 18 and 19 years old, and percentage of all disorderly behaviour convictions, 1992-2001 22 Table 5.1 Prosecutions for driving with excess breath or blood alcohol, 1992-2001 25 Table 5.2 Number and percentage of 15-19 year old drivers involved in crashes who had alcohol recorded as a factor, 1992-2001 27 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 15-19 years, 1996-2000 31 Table 7.2 Presentations at Auckland Hospital Emergency Department before and after the Sale of Liquor Amendment Act 1999 32 Table 8.1 Stand-downs and suspensions for alcohol in schools, 2000-2001 35 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, 1994-2001 14 Figure 3.2 Number of apprehensions and infringement notices for minors under 18 years old in restricted or supervised areas of licensed premises, 1994-2001 16 Figure 3.3 Number of apprehensions and infringement notices for minors under 18 years old purchasing liquor from licensed premises, 1994-2001 18 Figure 3.4 Convictions for offences related to minors committed by managers, licensees or employees under the Sale of Liquor Act 1989, 1992 2001 20 Figure 4.1 Number of apprehensions for disorderly behaviour for those under 18 years old, 1994-2001 22 Figure 4.2 Number of convictions for disorderly behaviour for 18 and 19 year olds, 1992-2001 23 Figure 5.1 Prosecutions for offences committed by those under 20 years old for driving with excess breath or blood alcohol, 1992-2001 26 Figure 5.2 Number of 15-19 year old drivers involved in crashes who had alcohol recorded as a factor, 1992-2001 27 4
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 1999. However, in 2001 the volume was 0.8% higher than in 2000. 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 14 15 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 16 17 year olds did not change significantly over the fiveyear period. However, the 16 17 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 18 19 year olds increased slightly between 1995 and 2000, the increase being higher among 18 19 year old women. Among 18 19 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
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 15 17 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 2001. 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 1999. 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 1999. 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 2001. The number of apprehensions of under 18 year olds for purchasing liquor from licensed premises fluctuated a little between 1994 and 1999. There were 98 such apprehensions in 1994 compared with 76 in 1999. The number of these apprehensions decreased markedly to 17 in 2000. 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 2001. 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 2001. 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 18 19 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
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 1999. The upward trend continued in the two years following the law change, with 1053 prosecutions in 2001. 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 2274. 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 1992. The numbers of 15 19 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 2001. The percentage of all 15 19 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 2001. 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. 2001 reported that requests for 'evidence of age documents' as a proportion of drinking occasions were highest for 18 19 year olds compared with 16 17 and 14 15 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 18 19 year olds than for 16 17 year olds. Health indicators of alcohol-related harm for minors and all ages Alcohol-related hospitalisations For 15 17 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 2000. 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 1998. For 18 19 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
and continued to increase to 114 in 2000. 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 1998. 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 2000. 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 1999. There were also small increases in the proportion of intoxicated 15 17 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 2001. 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
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 1999. 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 2000. 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
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 1996 62.891 3.196 66.087 337.248 3.889 8.800 12.688 416.023 1997 64.366 3.119 67.485 315.598 9.185 9.653 18.838 401.921 1998 64.353 2.580 66.933 315.395 18.329 8.986 27.314 409.642 1999 69.884 2.427 72.312 316.906 20.096 8.715 28.811 418.029 2000 69.697 2.150 71.847 305.611 24.509 9.705 34.214 411.672 2001 69.071 1.796 70.867 306.342 28.288 9.327 37.614 414.824 Percentage change from previous December year 1997 2.3-2.4 2.1-6.4 136.2 9.7 48.5-3.4 1998 - -17.3-0.8-0.1 99.6-6.9 45.0 1.9 1999 8.6-5.9 8.0 0.5 9.6-3.0 5.5 2.0 2000-0.3-11.4-0.6-3.6 22.0 11.4 18.8-1.5 2001-0.9-16.5-1.4 0.2 15.4-3.9 9.9 0.8 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 2002. 1.3 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
2 Drinking behaviour of young New Zealanders The Alcohol and Public Health Research Unit conducted surveys of drinking in New Zealand in 1995 and 2000. 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. 2001. 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 1989. 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 14 15 years While the proportion of 14 15 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 14 15 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 14 15 years drinking in licensed locations. Fifty-one percent of 14 15 year olds had consumed alcohol at special events (dances, music events and festivals) in 2000. 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 14 15 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 16 17 years The prevalence of drinking by 16 17 year olds did not change significantly over the five-year period. However, 16 17 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 16 17 year olds drinking at least once in the past year in licensed locations. Fifty-seven percent had consumed alcohol at special events in 2000. 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 16 17 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 2000. There was also a decrease in the proportion of this age group buying from wine shops. 11
However, over the same period, purchases of alcohol from supermarkets by 16 17 year olds increased from 8% to 15%. 2.3 Drinking by those aged 18 19 years Overall, the prevalence of drinking in the past year by 18 19 year olds increased slightly between 1995 and 2000. The increase was greater among 18 19 year old women - in 1995, 78% had consumed alcohol in the previous year, compared with 89% in 2000. 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 18 19 year olds drinking in licensed locations. Pubs were their most popular drinking venue (72%). The proportion of 18 19 year olds who had bought alcohol at least once from wine shops or wholesalers increased from 70% in 1995 to 83% in 2000. 2.4 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. 2001. The report tended to confirm the results reported in Habgood et al. 2001. The proportion of females aged 15 17 who drank four drinks or more at least once a week increased from 15% in 1998 to 28% in 2001. There were increases in the percentages of males aged 15 17 years (from 43% in 1998 to 58% in 2001) and females aged 15 17 (from 33% to 50%) who consumed enough to feel drunk at least monthly in the last year. 12
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 14 16 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 1981. 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 1999 1. Table 3.1 Number of apprehensions and infringement notices for minors under 18 years old drinking or possessing alcohol for consumption in public places, 1994-2001 Year Apprehensions Infringement notices 1994 834-1995 943-1996 1074-1997 1141-1998 1660-1999 1430 * 2000 451 2818 2001 380 2340 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
Between 1994 and 1999 apprehensions for minors (those under 18) drinking or possessing alcohol for consumption in a public place increased from 834 to 1430. However, after the 1999 legislative changes, the number of such apprehensions decreased to 451 in 2000, and 380 in 2001. 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, 1994-2001 3000 2500 2000 1500 Infringements Apprehensions 1000 500 0 1994 1995 1996 1997 1998 1999 2000 2001 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 1999. 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
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 1989. 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, 1994-2001 Year Apprehensions Infringement notices 1994 466-1995 468-1996 458-1997 354-1998 319-1999 235 * 2000 51 263 2001 49 162 Notes: (1) * = 'not available'. (2) - = 'not applicable'. (3) Source New Zealand Police. 15
Figure 3.2 Number of apprehensions and infringement notices for minors under 18 years old in restricted or supervised areas of licensed premises, 1994-2001 500 450 400 350 300 250 Infringements Apprehensions 200 150 100 50 0 1994 1995 1996 1997 1998 1999 2000 2001 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. 2002 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 2000. 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 1999. 3.3 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 1989. 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
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 1999. However, after the 1999 changes, the number of such apprehensions decreased markedly to 17 in the year 2000. The number of apprehensions increased slightly to 25 in 2001. 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 1999. 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 1999. Table 3.3 Number of apprehensions and infringement notices for minors under 18 years old purchasing liquor from licensed premises, 1994-2001 Year Apprehensions Infringement notices 1994 98-1995 99-1996 91-1997 79-1998 94-1999 76 * 2000 17 24 2001 25 31 Notes: (1) * = 'not available'. (2) - = 'not applicable'. (3) Source New Zealand Police. 17
Figure 3.3 Number of apprehensions and infringement notices for minors under 18 years old purchasing liquor from licensed premises, 1994-2001 120 100 80 60 Infringements Apprehensions 40 20 0 1994 1995 1996 1997 1998 1999 2000 2001 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 1989. 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 1999. 18
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 2001. Table 3.4 Convictions and apprehensions for offences related to minors committed by managers, licensees or employees under the Sale of Liquor Act 1989, 1992-2001 Year Convictions (2) Apprehensions (3) 1992 33-1993 31-1994 46 294 1995 31 257 1996 32 257 1997 20 231 1998 23 212 1999 12 173 2000 15 119 2001 10 86 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 2001. 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
Figure 3.4 Convictions for offences related to minors committed by managers, licensees or employees under the Sale of Liquor Act 1989, 1992 2001 50 45 40 35 30 25 20 15 10 5 0 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 Year 20
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, 1994-2001 Year Number under 18 years old Percentage of all disorderly behaviour 1994 1850 17.2% 1995 1922 16.7% 1996 1965 15.9% 1997 2103 17.1% 1998 2286 17.8% 1999 2242 16.8% 2000 2454 16.6% 2001 2672 16.8% 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 2001. 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
Figure 4.1 Number of apprehensions for disorderly behaviour for those under 18 years old, 1994-2001 3000 2500 2000 1500 1000 500 0 1994 1995 1996 1997 1998 1999 2000 2001 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, 1992-2001 Year Number 18 19 years old Percentage of all disorderly behaviour convictions 1992 286 19.8% 1993 406 19.5% 1994 468 18.8% 1995 474 15.8% 1996 515 15.7% 1997 548 17.0% 1998 652 18.6% 1999 712 18.4% 2000 903 20.7% 2001 1023 20.6% 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
Figure 4.2 Number of convictions for disorderly behaviour for 18 and 19 year olds, 1992-2001 1200 1000 800 600 400 200 0 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 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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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 1999. The upward trend continued in the two years following the law change, with 1053 prosecutions in 2001. 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 2274. 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 1992. Table 5.1 Prosecutions for driving with excess breath or blood alcohol, 1992-2001 Year 14 17 18 19 All driving with excess alcohol Number % Number % Number % 1992 600 2.7 2038 9.3 21943 100.0 1993 596 3.0 2058 10.2 20107 100.0 1994 687 3.6 2056 10.8 18950 100.0 1995 859 4.0 2274 10.7 21285 100.0 1996 851 4.0 2085 9.7 21492 100.0 1997 824 3.9 1990 9.5 21032 100.0 1998 838 4.0 2178 10.4 21002 100.0 1999 911 4.4 2089 10.2 20521 100.0 2000 907 4.7 2214 11.4 19491 100.0 2001 1053 5.2 2399 11.8 20356 100.0 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 2001. 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 2001. The proportion of all drivers prosecuted 5 Apprehension data for traffic offending is not available. 25
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, 1992-2001 3000 2500 2000 1500 14-17 18-19 1000 500 0 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 Year Table 5.2 shows the number and percentage of 15 19 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 15 19 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 2000. 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
factor that contributed to the crash decreased between 1992 and 1999. Following the law change, for each of the age ranges, 15 17 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 15 19 year old drivers involved in crashes who had alcohol recorded as a factor, 1992-2001 Year ending 15 17 18 19 15 19 30 November Number Percent Number Percent Number Percent 1992 144 12.7% 327 19.6% 471 16.8% 1993 133 12.1% 273 17.9% 406 15.5% 1994 137 11.6% 262 15.6% 399 13.9% 1995 148 12.4% 270 16.7% 418 14.9% 1996 136 12.3% 190 14.2% 326 13.3% 1997 109 10.3% 168 14.3% 277 12.4% 1998 95 10.0% 162 15.4% 257 12.8% 1999 87 10.0% 144 14.5% 231 12.4% 2000 80 11.4% 116 12.8% 196 12.2% 2001 97 11.8% 153 15.3% 250 13.7% Note: Source Land Transport Safety Authority. Figure 5.2 Number of 15 19 year old drivers involved in crashes who had alcohol recorded as a factor, 1992-2001 350 300 250 200 150 15-17 18-19 100 50 0 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 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 1995. 27
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 1999. 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 1997 3.3% 1998 2.3% 1999 2.7% 2000 2.0% 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 1992. 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