Friday, 15 December 2017
Friday, 17 November 2017
MUP – implications of the Supreme Court decision
MUP – implications of the Supreme Court decision
So now we finally know! The Supreme Court confirmed, in its judgement on Wednesday, the Scottish government’s legislation to introduce a minimum unit price for alcohol is lawful, and does not offend against European Union competition law. I don’t intend to look in detail at the legal arguments that underpin this decision, but rather to examine the broader question and its implications – where we go from here.
Interestingly, the Supreme Court states minimum unit pricing (MUP) has two objectives – to reduce the consumption of alcohol in a targeted way, that is, the consumption of hazardous drinkers living in poverty in deprived communities; and to reduce consumption at the level of the whole population. Except insofar as reducing consumption of any numerically significant demographic will contribute to a fall in average, per capita consumption, it is hard to see how MUP can be both a targeted measure and, at the same time, a whole population measure.
The paternalistic nature of both MUP as a policy and the nature of the legal judgement itself, is evidenced by the fact it is explicitly stated this is a measure directed at people on low incomes notwithstanding the fact that hazardous drinking is predominantly a problem located in the moneyed, middle classes. They apparently can look after themselves, because a minimum price of 50 pence per unit isn’t going to affect the products they buy.
The underlying moral judgement is if people on low incomes who buy cheap alcohol, but don’t drink hazardously, now have to pay more, then that is an acceptable trade-off in terms of reducing the hazardous drinking of the poor. Paternalism is alive and well!
So what happens now? The Scottish government has minimum pricing legislation already in place and now needs to do two things – enact secondary legislation (a Scottish Statutory Instrument – SSI) and then amend licensing law to make it a mandatory condition on all premises licences in Scotland that alcohol may not be sold at less than the minimum price. There will presumably be a “big bang” date when this will come into effect, probably in the first quarter of 2018.
I am opposed to MUP because I think it is a bad policy, not because I think it is unlawful – but if the Supreme Court had decided it was unlawful that would have been helpful, but it didn’t, so we’re stuck with it now, at least in Scotland and soon in Wales too. In England the government, obsessed as it is with Brexit, is still taking a “wait and see if it works” approach. The Scottish legislation contains a requirement for ministers to evaluate the effect of MUP in five years’ time and it automatically lapses after six years (the “sunset clause”), unless Scottish ministers specifically order its continuation. Two points come to mind. Firstly, if the evaluation is carried out by the Sheffield Alcohol Research Group – the same people who massaged the statistics to produce the new “lower-risk” drinking guidelines – then I have no faith in this being a proper, objective evaluation. And as for the possibility that Scottish ministers would in any circumstances allow this measure to lapse, don’t hold your breath.
Some intriguing issues arise with regard to enforcing MUP. I imagine some enterprising individuals will establish cheap booze supermarkets in English border towns so a lively cross-border trade can arise. This trade will enable consumers to engage in a domestic form of “booze cruise” and it will inevitably fuel “white van man’s” supply of the illicit cheap booze market north of the border. It’s an ill wind that blows no-one any good! And think of the monumental task of enforcing minimum price legislation in every street corner convenience store in Scotland. The big supermarkets will put a system in place, but will small store owners even know how to calculate how many units of alcohol there are in a can of beer or a bottle of vodka?
I have four big fears. Firstly, MUP will spread to the rest of the UK. Secondly, now we have government price-fixers in the sector we will never get rid of them. Thirdly, MUP will become a modified form of alcohol duty escalator – there will be agitation for the minimum price to rise by inflation plus 1%. Fourthly, this will spread from the off-trade to the on-trade. Those in the Scottish Licensed Trade Association who support MUP, because they see it as harmless Tesco-bashing, will have a lot of explaining to do if local licensing authorities, freed from the constraints of competition law, start fixing a £1 per unit price for pubs and bars in their area. It is only a matter of time.
Friday, 20 October 2017
Alcohol and cancer – again!
Barely a day goes by without some new “threat” to our health being announced by epidemiologists or other health campaigners. For these people, the meaning of life appears to be the elimination of anything enjoyable in order to achieve maximum longevity. Key to this is the elimination of “risk factors” from our diet and lifestyles. The key technique used to frighten us all into abstinence is to concentrate on cancer risks. Here an old trick is used – take a very small baseline risk and measure the increase to that risk that arises if you engage in “heavy” drinking. The effect of this is to give prominence and publicity to very large percentage increases in very small baseline risks.
The Alcohol Health Alliance (AHA) has taken to Twitter to publicise its message that alcohol = cancer = death. The Twitter headline reads: “Alcohol is linked with at least seven types of cancer” and then lists them on a handy infographic of the body as mouth and upper throat; larynx; oesophagus; breast; liver; and bowel cancers.
Of course, a “link” is not the same thing as a “cause” but they would like you to think it is. This scare-mongering is entirely consistent with a revision of the low-risk drinking guidelines on the basis there is “no safe level of consumption in respect of the epidemiological risk of developing cancers”, and “the cancer risks of drinking is a game-changer”. It is, of course, accepted that excessive consumption of alcohol is causally related to a small number of cancers – but the risk is dose-related.
Taking oral cancers as an example, what is the overall risk caused by drinking alcohol? According to Cancer Research UK, about 7,300 oral cancers are diagnosed in the UK a year. Of those, tobacco smoking was identified as the cause in 65% of cases. Alcohol consumption accounted for 30% of these –2,190 cases. In total, 30 million adults in the UK drink at least once a week. Of those, 2,190 of them develop an alcohol-related oral cancer – that is 0.007% of regular drinkers. And remember, these figures include very heavy drinkers as well as moderate and light drinkers – so don’t be panicked into abstention just yet.
Every such death is a tragedy but the actuarial risk is tiny. The proposition anything that raises the epidemiological risk of a cancer “isn’t safe” is therefore problematic. In everyday life people make trade-offs. They don’t ask “is this product or behaviour safe?” they ask “is it safe enough?” We do this all the time and not just in relation to food and drink. We don’t ask whether driving a motor vehicle is safe, we ask is it safe enough? In other words, do the benefits of driving justify me in taking the risks? When we are told tobacco-smoking results in the premature death of half of all smokers, that may deter people from starting or persuade existing smokers to quit. However, if you were told 0.021% of regular drinkers die from an oral cancer, would that put you off? It is this kind of epidemiological paranoia that leads health cranks to call for abstinence, and lowering of the lower-risk drinking guidelines is but a staging post on that journey.
However, what is missing from the AHA’s misleading messaging is any reference to the beneficial effects of moderate alcohol consumption. The life-prolonging effects of moderate alcohol consumption are on a firm scientific footing. Despite the AHA and its cronies’ science denial, Sir Richard Doll (the epidemiologist who discovered the link between tobacco smoking and cancer) has revealed there have been dozens of studies in the past 30 years that have vindicated the J-curve that illustrates the benefits of moderate drinking in terms of greater longevity for moderate drinkers compared with “never-drinkers”. If science indicates that alcohol conveys significant life advantages, why does the AHA act as though alcohol is evil?
The Alcohol Health Alliance (AHA) has taken to Twitter to publicise its message that alcohol = cancer = death. The Twitter headline reads: “Alcohol is linked with at least seven types of cancer” and then lists them on a handy infographic of the body as mouth and upper throat; larynx; oesophagus; breast; liver; and bowel cancers.
Of course, a “link” is not the same thing as a “cause” but they would like you to think it is. This scare-mongering is entirely consistent with a revision of the low-risk drinking guidelines on the basis there is “no safe level of consumption in respect of the epidemiological risk of developing cancers”, and “the cancer risks of drinking is a game-changer”. It is, of course, accepted that excessive consumption of alcohol is causally related to a small number of cancers – but the risk is dose-related.
Taking oral cancers as an example, what is the overall risk caused by drinking alcohol? According to Cancer Research UK, about 7,300 oral cancers are diagnosed in the UK a year. Of those, tobacco smoking was identified as the cause in 65% of cases. Alcohol consumption accounted for 30% of these –2,190 cases. In total, 30 million adults in the UK drink at least once a week. Of those, 2,190 of them develop an alcohol-related oral cancer – that is 0.007% of regular drinkers. And remember, these figures include very heavy drinkers as well as moderate and light drinkers – so don’t be panicked into abstention just yet.
Every such death is a tragedy but the actuarial risk is tiny. The proposition anything that raises the epidemiological risk of a cancer “isn’t safe” is therefore problematic. In everyday life people make trade-offs. They don’t ask “is this product or behaviour safe?” they ask “is it safe enough?” We do this all the time and not just in relation to food and drink. We don’t ask whether driving a motor vehicle is safe, we ask is it safe enough? In other words, do the benefits of driving justify me in taking the risks? When we are told tobacco-smoking results in the premature death of half of all smokers, that may deter people from starting or persuade existing smokers to quit. However, if you were told 0.021% of regular drinkers die from an oral cancer, would that put you off? It is this kind of epidemiological paranoia that leads health cranks to call for abstinence, and lowering of the lower-risk drinking guidelines is but a staging post on that journey.
However, what is missing from the AHA’s misleading messaging is any reference to the beneficial effects of moderate alcohol consumption. The life-prolonging effects of moderate alcohol consumption are on a firm scientific footing. Despite the AHA and its cronies’ science denial, Sir Richard Doll (the epidemiologist who discovered the link between tobacco smoking and cancer) has revealed there have been dozens of studies in the past 30 years that have vindicated the J-curve that illustrates the benefits of moderate drinking in terms of greater longevity for moderate drinkers compared with “never-drinkers”. If science indicates that alcohol conveys significant life advantages, why does the AHA act as though alcohol is evil?
Monday, 25 September 2017
LISTENING TO THE DRINKERS’ VOICE
Back in 2013 I discussed with industry trade bodies and leading drinks’ producers the possibility of starting a lobby group that would campaign against the constant litany of scare stories coming from the health lobby. Partly as a result of that discussion a group of drinks’ producers started the Alcohol Information Partnership (AIP) about 18 months’ ago. This organisation, headed-up by its Director General Dave Roberts, does a great job in answering the bogus statistics and one-sided research peddled by so-called ‘public health’.
The problem with AIP is that it is too easy for critics to dismiss it as the voice of Big Alcohol – which is manifestly true and AIP makes no bones about that fact. What has been missing from the alcohol-society debate is the authentic voice of the ordinary drinker. Until now.
A couple of weeks ago, a new organisation was launched called Drinkers’ Voice. This is a Campaign for Real Ale (CAMRA) initiative that aims to get the voice of the moderate drinking majority heard in this debate. CAMRA is in an ideal position to launch this initiative precisely because they are the biggest consumer group in Europe, are often highly critical of big brewers and cannot possibly be portrayed as drinks’ industry shills. The initiative has begun well and DV provided the media with a poll which highlighted that 70% of UK drinkers don’t take any notice of the CMOs revised drinking guidelines, because they’re not based on science and have no credibility with ordinary drinkers.
There have been articles on DV published in the Sun on Sunday, the Sunday Times and the Telegraph as well as a TV appearance by Amy O’Callaghan, DV’s spokesperson, on Sunday Live. DV will be a grassroots organisation with spokespeople in communities across the country who are passionate about their freedom of choice and their right to drink in a sociable and moderate way.
Creating a grassroots organisation of this kind is a bold move and CAMRA, and their chief executive Tim Page, are to be congratulated on taking the lead. To influence the wider alcohol policy debate we must influence the public opinion on which politicians’ ride. This is a fledgling organisation and it needs money. The decision has been made not to accept donations from the drinks’ industry, for obvious reasons. It is being crowd-funded by donation and if you would like to support Drinkers’ Voice as an individual you can donate via the following link:
This initiative is needed, and long overdue. Please get behind it. Further information about DV is available on their website www.drinkersvoice.org.uk
Drinkers' Voice
Back in 2013 I wrote a discussion paper titled “The Industry Perception – a Discussion”. In that paper, which I delivered to a group of trade body representatives and industry insiders, I made the following points – public and political perception of our industry is driven by individual experience of licensed premises, medical temperance campaigning, media distortion of issues and problems, and our failure to engage with the public in the alcohol and society debate.
And I indicated we were in this position because of a failure on two levels. Firstly, a failure to examine, analyse and deconstruct the medical temperance narrative, or to construct a counter-analysis regarding the causes of alcohol-related harms; and secondly a failure to recognise the serious nature of the resurgent temperance threat and lead a co-ordinated response to it.
The difficulty that others at the meeting pointed out to me is we, as an industry, are famously fragmented, so agreeing common positions on some of these issues was going to be difficult. There is no doubt since 2013 our trade bodies have recognised the serious threat posed by medical temperance and the constant litany of scare stories, dire warnings and phoney statistics that have accompanied their never-ending campaign to de-normalise the use of beverage alcohol. And there is now a coherent counter-narrative to medical temperance, which I have tried to play my own modest part in creating.
The difficulty in the past has been finding a suitable vehicle for expressing this narrative, particularly given the fact any drinks’ industry initiative would automatically be dissed as an attempt by “Big Alcohol” to promote its own agenda. What has been missing from the debate has been the voice of the ordinary drinker – until now.
Two weeks ago saw the launch of a new lobby group called Drinkers’ Voice. This is a Campaign for Real Ale (CAMRA) initiative designed to give the ordinary, moderate drinker a voice in the alcohol and society debate. CAMRA is in an ideal position to launch this initiative precisely because it is the biggest consumer group in Europe, is often highly critical of big brewers and cannot possibly be portrayed as drinks’ industry shills. The initiative has begun well and Drinkers’ Voice provided the media with a poll that highlighted 70% of UK drinkers don’t take any notice of the chief medical officer’s revised drinking guidelines, because they’re not based on science and have no credibility with ordinary drinkers.
There have been articles on Drinkers’ Voice published in the Sun on Sunday, the Sunday Times and the Telegraph as well as a television appearance by Amy O’Callaghan, Drinkers’ Voice’s spokesperson, on Sunday Live. Drinkers’ Voice will be a grassroots organisation with spokespeople in communities across the country that are passionate about their freedom of choice and their right to drink in a sociable and moderate way. As Drinkers’ Voice put it itself:
“We believe it is important that people understand the benefits of drinking alcohol as part of a healthy lifestyle. We want people to talk about how enjoying a drink with friends enhances their wellbeing, and how scientific evidence shows that moderate drinking can help heart and cognitive health.”
And then: “You’ll know that for too long this debate has been dominated by the anti-alcohol lobby, which has sought to de-normalise drinking and restrict people’s access to alcohol. As a result, we have seen the UK’s alcohol guidelines reduced last year without credible evidence to justify it. As the poll shows, this has widened the gap between government’s instruction and people who want to just enjoy a drink.”
Creating a grassroots organisation of this kind is a bold move and CAMRA, and its chief executive Tim Page, are to be congratulated on taking the lead. To influence the wider alcohol policy debate we must influence the public opinion on which politicians’ ride. This is a fledgling organisation and it needs money. The decision has been made not to accept donations from the drinks’ industry, for obvious reasons. It is being crowdfunded by donation and if you would like to support Drinkers’ Voice as an individual you can donate here.
This initiative is needed, and long overdue. Please get behind it. Further information about Drinkers’ Voice is available on its website.
Friday, 11 August 2017
ALCOHOL STATISTICS – A QUESTION OF CONTEXT AND REPORTING
The issue of alcohol-related harm and how it gets reported
to the public is one that concerns me. We’re all very busy, so we tend to
absorb headlines and not question the numbers or the conclusions based on them.
That’s understandable when it comes to members of the public, but rather less
so when applied to journalists writing stories. While the pursuit of a
sensational headline may be what drives the tabloids, we ought to expect more
from companies such as the Guardian and the Telegraph than the kind of lazy
journalism we’ve seen recently.
What seems to drive so-called “public health” is the
determination to relay simple messages repeatedly so they become “established
fact” – things that “everybody knows”. The way in which they make claims about
alcohol as a cause of cancer, and how that gets reported in the press is a case
in point. The evidence of a link between drinking beverage alcohol and most
cancers is extremely weak. Even where such a link has been established the
numbers are usually vanishingly small. Here are some examples:
In England and Wales in 2014 there were 6,754 deaths from
cancer of the oesophagus, of which just 26 – 0.4% – were recorded as having
been caused by drinking alcohol. The biggest link between alcohol and cancer is
in relation to liver cancer, but it is still extremely rare. There were 4,442
liver cancer deaths in 2014 of which 439 were alcohol-related – 9.9%. (Source:
Office for National Statistics data).
The public often confuses alcohol-related liver cancer with
alcoholic liver disease. The two are not the same. Alcoholic liver disease
accounts for about 65% of deaths caused by excessive alcohol consumption.
Contrary to what sensationalist headlines in the Guardian and the Telegraph
said recently, in which it was claimed such deaths would “soar” in the next
five years, the reality over the past five years is deaths from diseases caused
by alcohol are stable. In 2011, there were 8,748 such deaths and in 2015,
8,758. The average is 8,597 per year. (Source: Office for National Statistics
data).
If 65% of these deaths arise are from alcoholic liver
disease, then that is about 5,588 deaths per year. Each of these deaths is an
avoidable tragedy. But most of them were in men (65%); most were people aged 55
to 65 years old, and the average level of consumption was 200 units of alcohol
per week – the equivalent of a bottle of scotch a day. So, the picture that
emerges is one of a discrete group of alcoholics who are drinking vast quantities
of alcohol over many years and dying prematurely. It is only when you
understand these sorts of specifics you realise that whole population measures
such as minimum pricing will not impact on the delinquent drinking behaviour of
this minority of consumers.
Talking of delinquent behaviour – the latest drink-driving
statistics have just been released. According to the Department for Transport
(DfT) there were 1,170 serious injuries or fatalities in 2015 as a result of
drink-driving. This is up from 1,070 in 2014 – an increase of 9.3%. But if you
separate deaths from drink-driving from the combined figure they fell by 17%
from 240 to 200. Confusingly the DfT defined the increase of 9.9% in the
combined figure as statistically significant, but the decrease of 17% in
fatalities as statistically insignificant, merely representing the
“continuation of a period of stability”.
Predictably, campaigners are calling for a reduction in the
drink-drive limit to bring England and Wales in line with Scotland, where the
measure has had a devastating effect on pub businesses. The problem is not so
much a dearth of accurate information, but the way in which lobby and research
groups frame the dissemination of information and how it gets picked up and
used in the media.
By Paul Chase
Friday, 28 July 2017
Compromise better than cliff edge in Brexit negotiations by Paul Chase
Will Brexit actually happen? New Liberal Democrat leader Sir Vince Cable doesn’t think so. Speaking on the Andrew Marr show, he said: “I’m beginning to think Brexit might not actually happen.” Tony Blair weighed in, expressing the view it would be stopped – and should be stopped. Are these opinions the wishful thinking of a bunch of “remoaners” or are they on to something?
Certainly in the cabinet there is a clear split between those around chancellor Philip Hammond who want a “soft Brexit” – putting the economy and jobs first – and those who want a “hard Brexit” and believe reducing immigration trumps all other issues. The issue of immigration control is one of huge significance for our sector because of our reliance on immigrant labour – and not just in London. Consider the following statistics:
– In the managed house sector, including pubs, bars, nightclubs and casual dining, 37% of the workforce are non-British nationals
– Across hospitality and tourism as a whole, 24% of the workforce is made up of non-British nationals, with 55% of those coming from outside the EU and where immigration controls are already in force, while 45% are from other EU countries where there are no restrictions on the right to work or live in the UK
– In London, non-British nationals make up 64% of the hospitality and tourism workforce, of which 46% come from other EU countries
I think there is a growing realisation among those who voted “leave” without knowing the destination that a hard Brexit would come at huge economic cost, and without a £350m-a-week bonus for the NHS.
What might a soft Brexit look like or might we decide, having glimpsed the destination, to stay in the EU after all? I think we will leave but it will be a gradual and nuanced affair. The talk of transitional arrangements, based on the difficulty of agreeing everything by March 2019, gives a steer regarding the direction of travel.
I suspect a transitional arrangement may look something like the “Norwegian model” – an “off-the-shelf” Brexit package based on the relationship Norway has with the EU. Its main elements are we would have tariff-free access to the single market for our goods and services but not be part of EU political institutions or subject to “ever closer union” or pressured into joining the single currency. We would not be part of the common agricultural policy or the common fisheries policy so would regain control of our territorial waters. We would still pay into the EU’s budget but probably about half the current rate. We would not be part of the Customs Union and therefore free to strike our own trade deals with the rest of the world.
What’s not to like? Crucially, the price to be paid for access to the single market would be more than just financial. We would have to abide by EU trade laws and be subject to European Court of Justice (ECJ) judgements; and we would have to agree to free movement of people – subject only to a temporary break clause in the event immigration was causing an acute social or economic problem. Being rule-takers but not rule-makers would mean we’d have no influence over how free trade within the single market might develop.
The points about the ECJ’s jurisdiction and free movement of people are the real sticking points. I suspect this will be sold to us as a transitional arrangement, with the final shape of the “leave deal” to be determined further down the line.
However, deadlines have a habit of slipping and one suspects a transitional arrangement scheduled to last two years could well be extended to three or four years, at which point the politicians would hope we’d all moved on and the transitional arrangement would quietly become permanent. This is shaping up to be that most British of arrangements – a compromise that satisfies neither side. However, it might just save our sector and others from an economic and recruitment cliff edge. Either way, I think a hard Brexit is dead unless the hardliners are bent on a strategy of keeping their hostage in Downing Street while trying to provoke a breakdown in negotiations and a walk-out of British officials from the talks. I, for one, favour a compromise rather than a cliff edge.
Labels:
bars,
Brexit,
Employees,
Hospitality,
Nightclubs,
pubs,
Tourism
Friday, 14 July 2017
Illiberal anniversaries
We’ve just had the tenth anniversary of the ban on smoking
in all enclosed public places, and much has been written about its effect on
pubs. Also, in a couple of weeks’ time, the UK’s Supreme Court will consider
the legality of the proposed introduction of minimum unit pricing (MUP) in
Scotland. Here’s my take on both:
Firstly, as a lifelong non-smoker I personally much prefer
smoke-free pubs. And if I were going to die in a ditch defending the right of
individuals to make free choices, the right to set fire to a paper tube
containing tobacco and inhale the smoke wouldn’t be my starting point. But it
is nevertheless the case an awful lot of hypocrisy is attached to the reasons
given for the smoking ban. This was never really about protecting people
against second-hand smoke, and the statistical case for the ill-health effects
of second-hand smoke was always pretty dubious in any event. This was about
stopping people from smoking by criminalising their behaviour if they did so in
certain circumstances. The alleged ill-health effects of second-hand smoke on
the rest of us were never more than a fig leaf.
Has the smoking ban been bad for pubs? Most commentators
agree it has. If they are correct then I am forced to conclude the ban was
introduced on the basis of a false prospectus when the real reason for it was
to force smokers to quit, and the impact that has had on the pub trade is
regarded by anti-smokers as acceptable collateral damage. The fact the template
for pursuing the smoking ban has now been replicated by those who are similarly
opposed to alcohol leads me to suspect the two groups of people have much in
common.
There was no decline in smoking after the smoking ban in
2007 and I would suggest the drop in smoking prevalence since 2012 is mostly
attributable to vaping. The “public health” community is very divided on the
issue of vaping because it finds it hard to accept a private sector solution to
a public health problem – one that involves enabling people to enjoy nicotine
in a safer way is preferable to simply banning something.
I think there are many reasons why pubs have closed over the
past ten years – supermarket pricing, the shift towards home drinking and the
growth of home entertainment, a fall in the number of young people who drink
alcohol – to name but a few. Some have called for a review of the smoking ban
and the reintroduction of ventilated smoking rooms in pubs. I think it would be
a mistake to refight yesterday’s battles, particularly when there are plenty of
battles we need to fight today. Reversing the smoking ban is a lost cause and
we need to reserve our powder and shot for more immediate problems.
One such problem is the possibility of MUP being declared
“legal” by the UK’s Supreme Court. The Court is due to consider this matter on
24-25 July, with a decision published probably in the autumn. I’ve written more
on the subject of MUP than any other single issue, at least in part because its
introduction has become such a totemic issue for the neo-temperance crackpots
of so-called “public health”. I’m opposed to MUP because I believe it’s a bad
policy that will penalise responsible drinkers, and will not impact on problem
drinkers who are overwhelmingly located in in the moneyed middle classes, not
because I think it is unlawful. If it turns out it does offend against EU
competition law then as far as I’m concerned that would be very helpful.
A minimum price for a unit of alcohol was introduced in
legislation passed by the Scottish Parliament in 2012. Since then it has been
the subject of legal challenge by the Scotch Whisky Association and others who
argue the measure acts as the equivalent of a quantitative restriction on EU
trade, for example, by penalising efficient wine producers who are able to reflect
their efficiencies in the price charged for their product. It would appear the
European Court of Justice (ECJ), and indeed the Scottish courts accept this is
the case, but argue for a “public health” exemption. The ECJ has stated it is
ultimately for the domestic courts of any member state to decide whether MUP is
a proportionate measure, the health benefits of which couldn’t be achieved by
some other, less trade-restrictive measure, such as duty rises.
The Scottish inner Court of Sessions concluded it was a
proportionate measure and it met the test set by the ECJ, and it is that
decision that is now being appealed and the UK’s Supreme Court will rule on. My
gut instinct is the appeal will fail and this will open the door for MUP in
Scotland, where it is already law. Wales and Northern Ireland also want to
introduce this measure and if they do it would be very difficult for England
not to follow suit. I fear this is another anniversary we may be marking in the
future, and not one that should be a cause for celebration by the trade.
Friday, 30 June 2017
AT WAR WITH THE MODERN WORLD
A report titled ‘Anytime, Anyplace, Anywhere’ was published in May
this year by two neo-temperance research and lobby groups - the UK’s Institute
of Alcohol Studies (IAS) and Australia’s Foundation for Alcohol Research and
Education (FARE). If anyone was in any doubt that so-called ‘public health’ is
a far-left socialist project opposed to consumer capitalism in all its forms,
then take a look at this report and at the organisations that stand behind it.
The report is a comprehensive articulation of one of the three strands
of neo-temperance, anti-alcohol strategy, namely, reducing the physical
availability of beverage alcohol products – hence the title. The other two
strands are affordability and advertising. IAS and FARE want to reduce all
three as part of a whole population approach to alcohol harm reduction. I will
give a detailed analysis of this report in Propel Quarterly, but here’s a
taster:
The report comes up with 10 recommendations, all aimed at reducing
alcohol consumption:
1.
Restrict trading hours for off-licence liquor.
2.
Restrict trading hours of on-licence venues to
limit the availability of alcohol after midnight.
3.
Improve regulation of off-licence liquor sales
by confining alcohol to specific areas within supermarkets to discourage
impulse purchases and reduce alcohol sales.
4.
Enhance community involvement - provide
residents with access to legal resources and advice to ensure that the
community is able to engage with licensing systems.
5.
Clearly define licensing policy to minimise the
cumulative harm associated with higher densities of liquor outlets.
6.
Place the onus on applicants to prove that their
venue is in the public interest.
7.
Include and prioritise public health and/or harm
minimisation objectives in liquor legislation.
8.
Enhance data sharing to facilitate more targeted
policy interventions.
9.
Restrict the sale of high risk products in areas
of concern.
10. Deprioritise
alcohol industry voluntary schemes.
Neo-temperance campaign groups like IAS and FARE believe that it’s the
availability of alcohol that makes people drink it; that supply begets demand.
The fact that such a proposition turns established economic theory on its head
bothers them not one jot. You might think that the wish-list of a bunch or
temperance cranks isn’t worth the effort of rebutting, but these are the same
temperance cranks that hugely influenced the Chief Medical Officers’ of Health
revised ‘low risk’ drinking guidelines. The IAS is very experienced at
insinuating itself and its advocates into positions of influence.
They always play down their temperance aspirations and their broader ideology,
but IAS is owned by a charity called Alliance House on whose board sits a
variety of temperance organisations. Essentially the IAS is the research arm of
the International Order of Good Templars (IOGT) and their offices are located
at the same address in London. So, it’s worth looking at what IOGT believe if
we are to understand the underlying motives of IAS.
IOGT believe that Big Alcohol is part of something they call the
“corporate consumption complex”, which they define as: “an intricate web of organizations including the
multination corporations manufacturing the goods of consumer capitalism, retail
giants selling those products, trade associations doing the political lobbying
as well as advertising and law firms supporting PR and political campaigns
of these industries.”
And then this:
“Together with Big
Tobacco, the food, pharmaceutical, firearms and automobile industries, the
alcohol industry forms the so-called corporate consumption complex – a network
of corporations, financial institutions, banks, trade associations,
advertising, lobbying and legal firms that together promote “hyper
consumption”.
“The corporate
consumption complex has become the most powerful force to impact human health
and the communities in which humans live. It is the primary modifiable cause of
the biggest cause of premature mortality in the 21st century, Non-communicable
diseases.”
So, there you have it - IAS and IOGT aren’t simply opposed to
excessive consumption of alcohol and the health harms associated with that,
they are opposed to the modern world! It’s all a conspiracy! They regard the
pharmaceutical industry as part of this corporate consumption complex – as part
of what causes non-communicable diseases. Have they heard of anti-biotics? And
the automobile industry – get rid of cars! When you read through IOGT’s
detailed analysis of what is wrong with modern society they are not just
enemies of alcohol but are at odds with consumer capitalism – run by a bunch of
bad-guys intent on putting profit before public health; apparently we all
believe it is in our economic self-interest for our customers to die
prematurely!
What is implied by their analysis is that the only way for us to live
is to embrace a kind of woolly, agrarian communitarianism – back to the horse
and cart, lots of brown rice and above all a life free of alcohol or any other
intoxicant by means of which human beings might change their consciousness.
I think both our sector and government needs to be more aware of the
ideology underpinning neo-temperance, and what it means for business and our
society if these crackpots are successful in propagating their influence. Keep
watching this space.
Paul Chase
Friday, 16 June 2017
Beyond Parody
As the dust settles on the general election result we can see that a period of great political uncertainty lies ahead. But in an uncertain world, the one thing you can rely on is that the public health racket will carry on regardless with their efforts to achieve world domination!
It has become a cliché to say that “alcohol has become the new tobacco” – that the methods used to damn tobacco smoking, and to control the advertising and availability of tobacco products – has provided a template for the same project in respect of beverage alcohol. But the ambitions of ‘public health’ don’t stop there. Whilst remorselessly campaigning for minimum unit pricing as a panacea for all alcohol-related problems, people variously described in the media as ‘doctors’ or ‘experts’ have called for a minimum price on sweets to cut obesity in children. It’s a magic formula you see. As Professor Sir Ian Gilmore of the Alcohol Health Alliance once put it “price changes culture”.
According to the Daily Mail:
- Doctors have called for a minimum price on sweets to tackle the nation's obesity crisis
- The move would raise the price of the most sugar-laden snacks in a bid to deter children
- Experts believe raising prices of sweets and chocolate is one of the best ways to tackle the problem
All this harks back to what ‘public health’ regards as a watering down of the obesity strategy of the Conservative Government, and represents a further attempt to build on the ‘sugar tax’ on fizzy drinks. It also fits into a wider ‘public health’ agenda to leverage government control on all the “industries of addiction”, which in their view drive ill-health globally, and to force the food industry into a mass reformulation of products. The fight to eliminate sugar and salt from our diet – essentially to render food tasteless – is well and truly on!
The notion of a minimum price for sweets seems to me beyond parody – not least because it is based on a false premise that the numbers of children who are overweight or obese is dramatically increasing, when essentially it has flat-lined. The headlines about rising childhood obesity have one fatal flaw: they aren’t true.
The official figures show that about one in five year 6 children are obese. This figure hasn’t changed significantly in five years: 2010/11: 19%; 2011/12: 19.2%; 2012/13: 18.9%; 2013/14: 19.1% and 2014/15: 19.1% (all official HSCIC figures). Now, it isn’t good that one in five kids are obese at year 6, but to frame it as a “growing crisis” is simply not true. Data from the Health Survey for England going back to 1995 show that rates of obesity among kids aged two to 10 peaked in 2005 and have fallen by a third in the last decade. Among 11 – 15 year-olds, the peak arrived in 2004 and rates have since fallen by a fifth (Diet & Fitness, C. Snowdon).
The number of adults overweight or obese has likewise flatlined at around 60% of the population. Nearly always ‘overweight’ and ‘obese’ get combined in order to make the number more scary, but paradoxically overweight people have greater longevity than people of a healthy weight or obese people; suggesting some problems with the definitions!
It shouldn’t surprise anyone that the proposal for a minimum price for sweets comes from Scottish doctors – Scotland is the home of minimum pricing and the SNP government is completely in thrall to temperance thinking and more generally to the world view of those who see the food and drink industries as conspiracies that have addicting the population to alcohol/sugar/salt at the heart of their commercial strategies. We’re back to one-dimensional capitalist bad guys.
The proposition for minimum pricing for sweets comes from the Lothian division of the BMA and is proposed as a motion to be heard at the BMA’s Representative Meeting to held later this month. It states:
“This meeting believes in line with rising obesity and increasing burden of type 2 diabetes on the NHS that the government tax sugar and bring in minimum pricing for all confectionary products and sweets.'
The BMA's Agenda Committee has also tabled a similar motion. Doctors will vote on the motions at the meeting, which takes place in Bournemouth, and if approved could become BMA policy.
Beyond parody? You couldn’t make it up.
Friday, 2 June 2017
THE ALCOHOL HARM PARADOX
A new study of drinking in Scotland published in the medical journal
The Lancet Public Health takes a fresh look at an old subject. The so-called
‘alcohol harm paradox’ basically states that people living in socially deprived
areas are more likely to suffer alcohol-related harms than those living in more
affluent circumstances – even though the more affluent actually drink more
alcohol. Why anyone with the smallest understanding of the complexities of
health inequalities or drinking cultures should find this paradoxical I really
don’t know, but apparently, some do.
So, what added value does yet another trot round this well-worn path
give us? Well, temperance organisations the Institute for Alcohol Studies (IAS)
and the UK Alcohol Health alliance (AHA) both like this piece of research
because it concludes that targeting policies and intervention at heavy drinkers
in low socio-economic groups with a view to reducing their consumption is
unlikely to be as effective as whole population measures. Yes, you guessed it,
minimum unit pricing, reductions in alcohol availability and advertising and
marketing.
Study
co-author Dr Elise Whitley said: “Heavier drinking is associated with greater
alcohol-related harm in all individuals. However, our study suggests that the
harm is greater in those living in poorer areas or who have a lower income,
fewer qualifications or a manual occupation.”
Responding
to the study, Professor Sir Ian Gilmore, chair of the Alcohol Health Alliance,
said: “The
findings in this study are worrying if not altogether surprising. It is clear
that the way alcohol is being sold and promoted in Scotland and elsewhere in
the UK is harming some of the most vulnerable people in society.”
Now conceding, as the study does,
that the poor are likely to suffer more ill-health as a result of other factors
associated with poverty – lifestyle, diet, and so forth, it is something of a
stretch to reach the conclusion that the alcohol harm paradox is all the fault
of how Big alcohol markets its products! In the introduction to this study, the
authors make this, rather telling, observation:
“Efforts to target alcohol consumption by socio-economic
status are unlikely to be successful in reducing health inequalities, unless
drinking cultures in the most disadvantaged populations differ systematically
from societal norms. Interventions seeking to reduce consumption across the
whole population are more likely to result in greater reductions in absolute
health inequalities than previously thought.”
The key assumption here is that targeting
alcohol consumption by socio-economic group is unlikely to be successful “unless
drinking cultures in the most disadvantaged populations differ systematically
from societal norms.” Societal norms? The main societal norm is moderate
drinking. But we don’t have one single drinking culture in the UK, or even in
Scotland, and I for one believe that differing drinking cultures are the real
drivers of alcohol-related harms.
I believe that once we understand the central importance
of culture to drinking behaviour then we can begin to untangle the reasons why
people drink at different levels, sometimes harmfully, in different ways and
for different reasons. Let’s start off with a rough-and-ready definition of
culture: “Culture is what me and you get up to round here.” Put more formally,
sociologists refer to “cultures of intoxication” which is an understanding that
places alcohol use into a modern context - one that recognises the plurality of
drinking cultures and sub-cultures; that acknowledges that in addition to
alcohol a whole generation of people now find it socially acceptable to take a
range of other, illegal, intoxicants as part of a night-out. And that specific
cultures of intoxication drive not only the quantity people drink, but the
speed at which they drink it; whether they drink with food or on an empty
stomach; what else they take; and whether they drink in safe places and social
surroundings or dodgy bars and late-night party-pads.
When we look at the way in which
alcohol health-harms are socially distributed we can clearly see the impact of
the plurality of cultures of intoxication and the simplistic nature of the
whole population approach. In 2010 the North West Public Health Observatory published a
series of reports that break down drinking patterns and alcohol problems into
different population segments.
By using the UK Government’s
Index of Multiple Deprivation, the reports showed that people living in the
poorest fifth of the population are five-and-a-half times more likely to find
themselves in hospital with ‘alcohol-specific mental and behavioural disorders’
than those living in the richest fifth. People living in the poorest tenth are
seven-and-a-half times more likely to end up in hospital because of alcohol
than those in the richest tenth. People living in social housing are
eight-and-a-half times more likely to have an alcohol-related disorder than a
‘career professional’; and those classified as ‘vulnerable disadvantaged’
register 13 times more alcohol-related hospital admissions than ‘affluent
families’.
Social class, prosperity or the
lack of it, and a range of other social circumstances determine what your
drinking culture is likely to be, and the extent to which your life revolves
around a culture of intoxication. But rather than calling for policies that tackle
endemic poverty, ideologically motivated academics prefer to interpret data in
a way that supports their preconceived whole population measures. All roads
lead to minimum pricing!
Friday, 19 May 2017
ALCOHOL POLICY IN A ONE-PARTY STATE
It seems to me entirely possible that this general election will mark
the demise of the Labour Party as a party of government. It could be reduced to
the status of a left-wing protest group that is more concerned with its own
ideological purity than with making the compromises necessary to widen its
electoral appeal and actually win elections. This is a development which should
concern all who believe that representative democracy requires a choice between
two or more political parties that are at least electable, even if you don’t
necessarily agree with their policy approach.
Since the financial crisis of 2008 the central political question for
Europe has been: Will the political centre hold? Or will we see populist or
extremist parties gaining power because they have fooled their electorates into
believing there can be simple solutions to complex problems. The election of
Macron in France and defeat of Le Pen; the defeat of Geert Wilders in Holland
and, I anticipate, the re-election of Angela Merkel in Germany does suggest
that it will hold.
But in all these countries there are credible political parties of
centre-right and centre-left to the parties that have actually won. Not so in
the UK. The Liberal Democrats appear not to be making a breakthrough by
attracting the votes of sensible Labour supporters that want to vote for a
centre-left party as opposed to a bunch of Trots. So, what we could see after
the election is not just a landslide Tory victory, but a Tory government whose
only effective political opposition may come from within its own ranks.
Meanwhile, what does Labour have to say about pubs and alcohol? For
starters, Diane Abbott, Labour’s shadow Home Secretary is a dedicated
anti-alcohol zealot, but all of a sudden Labour seems to have woken up to the
scale of pub closures by pledging “We will set up a National Review of Local
Pubs to examine the causes for the large-scale demise of pubs.” They might
start by looking at their own 2005 manifesto which promised to legislate to
ensure that all enclosed public places and workplaces – other than licensed
premises – would be smoke-free. The exception would be restaurants and food-led
pubs that would be smoke-free, but wet-led pubs and members’ clubs would have a
choice. Labour rebels conspired to ensure that those exemptions were not in the
legislation and we ended-up with the smoking ban - which has done a huge amount
to damage pubs and beer sales. Jeremy Corbyn voted for these measures and is
not in any position to preside over an objective review of why over 11,000 pubs
closed between 2007 and 2013 – even in the remotely unlikely event that Labour
is elected.
So, what might alcohol policy look like after the election in what
will effectively be an elective dictatorship? Historically, the Conservatives
were generally much more sympathetic to the trade in beverage alcohol, and did
much to defend its interests from the 1870s onwards; and it was thanks to the
opposition of Conservative peers in the House of Lords that the attempt by the
Liberal government of Herbert Asquith to close 30,000 of the nation’s 96,000
pubs over 14 years, and nationalise the rest was defeated.
The Conservative-led coalition government, formed after the 2010
general election, promised some radical supply-side changes to the way in which
the sale of alcohol was regulated: a review of alcohol policy which led to the
introduction of EMAROs and the Late Night Levy; banning below-cost sales of
alcohol; and tackling underage drinking. In 2012 the Conservatives were minded
to go further and to introduce minimum unit pricing – a policy that had long
been championed by the health lobby and that had passed into law in Scotland,
albeit not been implemented due to legal challenge.
However, attempts at introducing EMAROs have been thwarted by
concerted and unified opposition from the trade and the late night levy has so
far been introduced by only eight local authorities, and moreover, the policy
has been panned by the recent House of Lords review of the Licensing Act 2003.
Then we saw what the health lobby regarded as a great betrayal:
minimum pricing was abandoned by the Conservative-led coalition government, or
at least kicked into the long grass for lack of evidence regarding its
efficacy, and with the convenient excuse that we should in any event await the
outcome of the legal challenge to minimum pricing in Scotland that will be
resolved by our own Supreme Court at a hearing on July 24-25 this year. Minimum
pricing was also contrary to the Conservative ideological opposition to
anything that compromised free markets, and faced considerable opposition
within Conservative ranks for that reason, as well as the more pragmatic
opposition that arose out of the need to avoid measures that raised prices and gave
ammunition to Labour charges of a “cost of living crisis.”
We can but hope that the traditional Conservative opposition to price
fixing and market regulation, combined with the huge amount of work to
implement Brexit, will mean that alcohol policy in the new one-party state is
something they just won’t find time for.
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