Alcohol features in 80 per cent of court cases

Chris Donegan • Published 25 Feb 2010 10:17

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What do all the criminals standing on the steps of Enniskillen Courthouse on a Monday morning have in common, apart from a fag in their hand?

Well at some stage most of them will have had a bottle of booze in the other hand.

Alcohol is a feature in up to 80 per cent of local court cases. Defence lawyers will often refer to drink as "not an excuse, but an explanation" for their client's crimes and misdemeanours.

Whether they are drunken drivers, vandals, thugs, thieves or sex offenders there is a very high probability that alcohol will have been a factor in turning them into a criminal. It is what transforms the respectable Dr. Jeykll into the monstrous Mr. Hyde.

So Chief Inspector Graham Dodds, the head of the PSNI in Fermanagh, could reasonably argue that his crack down on pubs and nightclubs and his strict enforcement of the licensing laws are designed to nip criminality in the bud.

However, he is only touching the tip of the ice-berg and arguably the best regulated and controlled sector of the drinks industry. Pubs only account for 25 per cent of the alcohol consumed. Over 70 per cent is consumed at home or on the street.

That is where, according to Fermanagh Vintners' Association of local publicans, the bulk of binge and under-age drinking takes place.

Marshall Coalter of the Horseshoe Bar in Enniskillen is Chairman of the Association and an executive member of the FRLT(Federation of the Retail Licensed Trade).

"Nobody goes to the pub to get drunk," according to Mr. Coalter. "They buy the drink in a supermarket, get smashed and then go to the pub. That's why we employ doormen, to keep them out."

He argues that because of measures publicans have taken "the pub offers a controlled environment which promotes responsible drinking".

"However, with over 70 per cent of the alcohol now drunk at home there is an increased risk of young people drinking to excess in an unrestricted environment. This, in addition to supermarkets offering heavily discounted alcohol, is of great concern to the Federation and its members," said Mr. Coalter.

He said the Federation has always been at the forefront in promoting the responsible sale of alcohol, recognising that, in addition to the legal requirements that come with a liquor licence, there is also a moral responsibility to ensure that alcohol is sold and consumed in a responsible manner.

"Whilst we recognise that the majority of adults enjoy alcohol responsibly, we also recognise the health issues surrounding the misuse of alcohol, in particular under-age and binge drinking - both issues which are of growing concern both within the industry and the wider community," said Mr. Coalter.

"We also recognise that the licensed trade has an important part to play in helping to minimise the potential for alcohol abuse, and in demonstrating that engagement is more effective than enforcement and that self-regulation can deliver better results than the introduction of additional legislation," he added.

So the Federation has joined the police and the drink suppliers to draw up a new "robust" set of responsible retailing standards to include and be supported by the entire drinks industry in Northern Ireland and to be overseen by an independent complaints panel.

Building on existing models in Great Britain and the Republic of Ireland the new Responsible Retailing Standards will aim to encourage compliance with the licensing laws, discourage the irresponsible consumption of alcohol and "assist in the elimination of under-age drinking and proxy purchasing".

The average Fermanagh pub isn't Fort Knox but if you are under 18 it can be difficult to get into.

But where there's a will there's a way and local teenagers have proved resourceful in getting around the ever more stringent security measures.

A recent survey of 1,200 children in the UK found that half had bought alcohol. One in five admitted purchasing fake identity cards over the internet for around £10 with the majority using them to get into pubs and clubs. And if that doesn't work, 45 per cent of children admit that they have asked a big sister or brother or friend to buy them alcohol.

One Fermanagh schoolgirl described how false IDs can be manufactured from a provisional driving licence. She said other young people borrow their older brother or sister's genuine ID, using make-up and dressing to look like them.

She said most of the younger pub doormen know what they are up to but the older ones sometimes fail to catch on.

"Many pubs were previously easier to get into but are now quite hard, meaning you will need an extremely good (fake) ID," she explained. "Pubs have cleaned up their acts by placing cameras over entrances where bouncers check IDs.

"There are more bouncers inside so just because you manage to sneak your way in does not mean you will get to stay. Bar staff also refuse to serve if they know you are under-age," she added.

"Many under-age resort to 'gypsy drinkin' in the open air," she said.

Announcing tough new powers aimed at tackling the problem the Criminal Justice Minister Paul Goggins said: "Government has a duty to do all it can to try and eradicate the scourge of under-age drinking.

"Until now police have only been able to confiscate alcohol from young people in public where the cans or bottles were already open or where they believed that there was an intention to consume. The new powers will now allow the police to confiscate unopened containers so even carrying a bag of cans or bottles could be subject to the new laws," he explained.

"Young people under 18 can now be prosecuted for persistently possessing drink in a public place and if caught three or more times within a 12-month period could face a maximum penalty of a £500 fine," he added.

"Police will also have the power to bring young people under the age of 16 back home if they suspect they have been drinking," he stated.

As the police officer responsible for community safety in Fermanagh, Superintendent Alywin Barton, will be involved in implementing the new laws.

"It's more than enforcement," he stressed. "We don't want to criminalise young people prematurely."

He believes the new legislation will help the police identify the young person who has a problem early on.

"We are keen that we do everything we can with them before the final stage of the criminal justice system," he explained.

He does not rate under-age drinking as a major problem in Fermanagh but "there are young people who have been left vulnerable and have suffered the consequences because they are under-age and under the influence" and that is very concerning for any parent whose child is heading out on a Friday or Saturday night.

"I appreciate there are a lot of young people that don't get into problems but there are others that render themselves very vulnerable to injury and harm," said Superintendent Barton.

He has some sympathy with Fermanagh's bar owners.

"The vast majority of our publicans are very responsible people. All of them take their profession very seriously and all of them do their best to comply with the legislation.," said Superintendent Barton.

However, at the end of the day, whether they are 16 or 60, coming from a pub or a 'gypsy' drinking binge, there is the risk that they will break the law and end up in court.

As Superintendent Barton pointed out: "Almost 30 per cent of our crime has alcohol involvement."

This article appeared in Impartial Reporter 25 Feb 10

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