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Controversial plan to tackle drunk driving

Publish date: 25 May 2015
Issue Number: 3758
Diary: Legalbrief Today
Category: Policy

Trade and Industry Minister Rob Davies is proposing the alcohol manufacturer, distributor and owner of the tavern, bar or bottle store should all bear responsibility for the harm and damage caused by a drunk driver who is served while under the weather. Davies’ plan, which the Sunday Times says has already caused alarm, also includes a number of other controversial features – most notably, the hiking of the legal drinking age from 18 to 21. The National Liquor Policy was gazetted for public debate last week. It raises concerns about the socio-economic impact of alcohol abuse, the slow pace of transformation in the industry and efforts to police the industry. On the issue of serving liquor to intoxicated people, the proposal says: ‘Should that happen and the intoxicated person is involved in a motor accident or crime related to substance abuse, the manufacturer, distributor and trader should bear liability for any harm or damages’. Lawyer Danie Cronjé, a director of Liquor Law Services at Cluver Markotter, whose clients include national retailers and distributors, said it would be tough to police the new plans. ‘It’s going to be difficult to prove that a bottle-store staff member was aware that someone was drunk when he bought alcohol from their shop or that he was the cause of the accident,’ he said.

Full Sunday Times report (subscription needed)

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