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Alcohol Reform (Issues Paper) November 2013 [2013] WSLawRComm 1 (1 November 2013)

SAMOA LAW REFORM COMMISSION

ALCOHOL REFORM
ISSUES PAPER

NOVEMBER 2013

PART A: INTRODUCTION

1. Historical Context

Alcohol is a major contributing factor to crime and offending in Samoa. Statistics obtained from the Ministry of Police reveal that alcohol consumption contributes immensely to the most common offences such as drink driving, homicide, grievous bodily harm, domestic violence, throwing stones and illegal manufacture of homebrew to name a few.^[1] However, Samoa in the region is not alone with this problem.

In 2008, the Law Commission in New Zealand commenced a two year investigation on the harm caused by alcohol resulting in 153 recommendations to the government in 2010, most crucially a 50% tax increase on alcohol and a higher purchase age.^[2] An extensive review of New Zealand liquor laws was undertaken to try and reduce the harm caused by alcohol, for instance, controlling the supply of alcohol to minors, underage drinking, reducing demand for liquor, ways to limit alcohol related incidents, binge-drinking culture, licensing, and advertising. After 4 years of debate in New Zealand, a new Alcohol Reform Bill was finally passed in 2012, claiming to strike a sensible balance by way of reducing the serious harm caused by alcohol without penalizing people who drink responsibly. Some of the changes made following the debates include:

• requiring parents’ or guardians’ consent for minors to drink,
• restriction on the sale of Ready to Drinks (RTDs),
• age limit to remain at 18 years; and
• restrictions on the advertisement of alcohol.^[3]
  

For Samoa, the New Zealand review is timely as it provides guidance on options for reform for this alcohol review project. Alcohol reforms in Australia and other European countries will also assist with this Issues Paper. To fully understand the impact of alcohol in Samoan society, it is necessary to consider the history of how alcohol was introduced in Samoa and its development over the years.

Alcohol was first introduced to Samoa in the 19^th century by European whalers and beachcombers.^[4] For many decades consumption was kept rather modest due to missionary efforts and lack of supply. The beginning of the Second World War impacted on the availability of alcohol and Samoan people were exposed to alcohol on a large scale.