Kombani Defends Liquor Laws

By Lekopanye Mooketsi
Correspondent | Monday May 26, 2008 00:00

 

In a response to a Monitor questionnaire, Kombani said the liquor regulations provide for the supply and consumption of liquor at festivals between 2pm and midnight as well as picnics between 12pm and 7pm from Monday to Saturday.

'It, therefore, follows that in a picnic or festival where liquor is not served or consumed, the liquor regulations would not apply.

'The picnics or festivals are authorised under a temporary licence defined under the Act to mean authorisation permitting the holder to sell intoxicating liquor at a public place for consumption at such place. This means, therefore, that the operator would be held liable for any consumption of liquor outside the stipulated hours within the site where the picnic or festival is held.'

But last month, the police raided and stopped a jazz festival even though the organisers had made an undertaking that alcohol was not going to be sold after midnight. 

Kombani further revealed that the Liquor Act does not cover social or private functions when there is no selling or buying of liquor. He said only statutes dealing with noise pollution would be effected to ensure that such social events do not cause problems to the public. 

Regarding complaints by liquor traders that they were caught off guard before the regulations were implemented, Kombani said they were fully made aware of the impending changes. He said initially the implementation of the regulations was halted in 2006 in order to allow the ministry to consult Batswana and stakeholders on the trading hours.

'The ministry carried out extensive country wide consultations on the matter, including consultations and negotiation with the operators.'

As regards to the potential loss of business, the permanent secretary said during the consultations, people were of the view that the social costs of excessive liquor consumption far outweigh any loss to businesses and the industry.

He said whilst some businesses may experience difficulties, others have actually reported better performance since the introduction of new regulations.

Kombani said they do not feel the new regulations would affect the tourism sector. He said tourism facilities have been exempted from holding liquor licences but have been requested to align their operations to the current requirements.

Kombani said the public outcry against the new regulations is based on a few voices and also amplified by the media without balancing it against the views of the general public countrywide. He said generally Batswana have called for much shorter liquor trading hours in light of the negative impact of liquor consumption on the society. 

Regarding concerns that Botswana was being turned into a police state, the permanent secretary said the government has the responsibility to safeguard the well being of society. He said no government would stand by and watch the consumption of a particular product destroying the fibre and fabric of society fearing to be labelled a police state. 

He denied that the regulations are punitive and meant to punish business people. 'These are simply meant to mitigate the negative effects of liquor consumption on our society.'

He said the purpose of the new regulations is to address the negative impact of excessive consumption of liquor on the society and it is not targeting any particular business operator.

He went on to point that it has been proven that reducing access to a harmful substance is one way of effectively addressing the substance abuse. 'For example, cigarette smoking, in Botswana, is no longer allowed in public places, which, it can be argued, may have helped to substantially reduce cigarette smoking in the country.'

Critics have also pointed out that the new regulations could never curb the excessive consumption of alcohol. But Kombani said it is till early to evaluate the situation. He said once implementation is on full swing in the few months to come, a proper assessment would be conducted to determine the impact. 'However, we are generally happy that the majority of the public, including BOCCIM and musicians, support government in this matter,' he said.

There has also been concerns that instead of implementing new regulations the government must enforce the law in regard to drinking in public and also against bars that play loud music.

To this end, Kombani said measures have been and continue to be taken against a number of bars and liquor restaurants which violate the liquor trading rules by playing loud music. He said the ministry has revoked the licences of liquor trading businesses in Mochudi and Selebi-Phikwe for such transgressions.  In addition, various local authorities have fined many transgressors.