NACADA seeks stricter regulation of operating hours for alcohol retail outlets
New proposal provides that public officers in the enforcement/compliance chain in both national and county governments shall not own and operate an outlet selling alcohol directly or via proxy
Proposals in a new policy by the National Authority on the Campaign Against Alcohol and Drug Abuse (NACADA) will ensure stricter regulation of operating hours for alcohol retail outlets (on-license and off-license) to ensure reduction of access and availability of alcoholic drinks.
The proposed National Policy for the Prevention, Management and Control of Alcohol, Drugs and Substance Abuse also provides that no person below the age of 21 shall be allowed to access or enter any alcohol selling outlets whether alone or accompanied.
It says licensing of manufacture, exportation and importation of alcoholic drinks shall be undertaken by the National Government and conditions for licensing shall be reviewed to ensure that any retail outlet (onlicense and off-licence) is tax compliant.
The policy prohibits the sale and consumption of alcohol to anyone accompanied by a child, and provision or consumption of alcohol in children-oriented events such as festivals, parties, sporting, and recreation events.
It also bans the consumption of alcoholic drinks in a selling outlet by and to persons who are armed with offensive weapons.
“There shall be restrictions in relation to the number of alcohol selling outlets allowed to operate in a given locality based on the population density and other relevant considerations with restrictions with the
types of licenses,” the policy says.
It prescribes the actual minimum size of alcohol packages to not less than 250 ml.
The policy also provides that public officers in the enforcement/compliance chain in both national and county governments shall not own and operate an outlet selling alcohol directly or via proxy.
At the same time, it recommends promotion of safe alternative livelihoods for people involved in production
of illicit and informal alcohol.
Through the new policy, NACADA is also seeking to enhance regulatory framework, necessary cooperation and exchange of relevant information on addressing emerging substances of abuse, including nicotine products and nicotine delivery systems, among others.
They also propose adoption of a framework for enhancing server responsibility for persons working in entertainment venues and outlets selling alcohol while licensing of the general retail Alcoholic drinks off licence (wines and spirts, supermarkets, franchise stores) retailers shall be prohibited.
If effected, the national government will also be empowered to review and enhance the licensing framework for alcohol retail outlets (on-license) with regard to the categories of alcoholic drinks they are allowed to distribute and sell while county governments shall set up an institutional framework for licensing the sale of alcoholic drinks which shall include local community involvement, multi-agency approach, compliance with national standards and non-interference from the alcohol industry.
The policy also seek to enhance control measures for medicines with psychoactive effects to prevent and control their abuse.
Speaking on the launch of the first-ever policy on Wednesday, Interior Cabinet Secretary Kipchumba Murkomen said it empowers the government to intensify our operations against drug cartels, illicit brewers, and peddlers who prey on the vulnerability of our people, including children.
“The National Police Service, working with specialised units and intelligence agencies, will enhance surveillance, dismantle supply networks, and ensure that those who profit from this menace are brought to justice. We are also stepping up our border controls, increasing our awareness campaigns, and supporting those with addiction with rehabilitation and reintegration,” he said.
He said the ministry will be engaging the Asset Recovery Agency to see how best to make it more punitive first for those who are engaged in these acts, especially because they get very lenient fines.
“So maybe the best way is to take away the lorry, the car, their equipment, their businesses … the assets they have built over time and it’s important for ARA to appreciate that the law on Proceeds of Crime and Money Laundering as it is not only focusing on corruption but focusing on all crimes properly defined in the same law,” the CS added.
