High booze sales to minors prompt new law

The Swiss alcohol board (SAB), that operates independently to the federal finance department on which it depends, has just issued a report that aggregates the results of sale-tests carried out in 21 Swiss cantons.

By law, the sale of beer and wine to under 16-year olds and the sale of hard liquor to under 18-year olds are forbidden. But tests carried out by minors, who attempt to purchase alcohol despite being under-aged, reveal that in reality more than one in three sales still goes through. The tests are carried out under the distant supervision of an adult.

Since the compilation of cantonal statistics was launched in 2000, the number of sale-tests has increased every year, with 2009 accounting for almost half of the current total of 10,000.

"At the beginning, the number of sales going through was much higher," Nicolas Rion, in charge of communication at SAB, tells Swisster.

"But the results have plummeted from 83.5 percent the first year to 32.6 percent in 2009. This shows the positive effect that the tests can have."

"We see this as a long term preventative measure," Rion emphasizes. "Retailers are often alerted beforehand that a control will take place and we plan a debriefing session once the results come through."

"Many of them are extremely surprised by the results. They don’t even realize that the sales are taking place in their own shops," Rion says. Supermarkets and petrol stations with long queues tend to be less vigilant than other outlets.

Just as speed radar warnings on motorways dissuade drivers from breaking the law, Swiss authorities are convinced that the news about potential spot checks will induce more retailers to be careful.

"You have to realize that there are between 40,000 and 50,000 points of sale of alcohol in Switzerland and they cannot all be controlled," the SAB representative underlines.

The new law on alcohol presently in consultation will however introduce a number of changes.

Although it has been periodically revised, the current law is one of the oldest of the Swiss confederation and dates back to 1932. Following a consultation period expected to last until October, the government will make a proposal.

The revision is expected to resolve "conflicts between fiscal and health policy objectives" by regulating taxation on hard liquors on the one hand and harmonizing measures to protect minors on the other.

Any scheme to attract consumers by promoting hard liquor will continue to be banned at all times. For other alcohols (beers and wines), a ban will be imposed on both Fridays and Saturdays from 9pm to 9am that will proscribe “Happy Hours” or serving free champagne to girls to attract them to a venue.

Any sale of alcoholic beverages that are knowingly underpriced will be forbidden, by extension of a law that already forbids the sale of underpriced hard liquor. The sale price will be calculated to cover all real costs (including transportation, production and service) and will be readjusted to market value.

The supervision and enforcement of the law will be transferred from the cantons to the federal government.

"A legal base for the sale-tests will also be introduced," indicates Nicolas Rion, "since right now the whole process is completely decentralized, with each canton applying its own rules."

The legal base will be completed by a best-practices guide that will define how sale-tests should be carried out in the future.

"For instance, we recommend that the adolescents who are selected to carry out the tests look their real age. It serves no purpose to send in a 15 year-old who sports a beard and looks 20," he adds.

The fine for retailers who consistently break the law will probably increase from 10,000 francs to 40,000, but the real objective, says Rion, is to increase awareness, not act as a policeman.