Table 4 Key framing strategies used by industry within the NEDLAC report on the Draft Liquor Amendment Bill (2017)

The unacceptable, ‘bad’ solution

Increase legal drinking age from 18 to 21 years

Proposal contravenes existing norms, rules and laws

“The provision [is] incongruent with progressive constitution and the age of majority act. A 19-year-old may marry without the consent of his or her parents but would need his parents’ consent to celebrate the occasion with a glass of sparkling wine” (p.29)

“Under the current definition of a minor, the law treats under 18’s as minor’s who are usually processed in a juvenile court. Persons over the age of 18 are treated as adults and are prosecuted as such. Consumers who are between 18 and 21 who lie about their age will be prosecuted as adults and we are therefore creating a new category of criminals” (pp.29–30)

“A socio-economic impact assessment must be conducted on the implications for university campuses, especially considering that students are of a legal drinking age under the current definition” (p.25)

“’Educational institution’ means a place where people of different age attend to gain knowledge and education which includes, private and public institutions, childcare, preschools, elementary schools, high schools and institutions of higher learning” (p.25) (changed from ‘school’ used in earlier draft of the Bill)

Proposal contravenes existing norms, rules and laws

“Many universities prefer students to use the bars and pubs on campus because it means that students do not have to drive or walk back to campus. A socio-economic impact assessment must be conducted on the implications for university campuses, especially considering that students are of a legal drinking age under the current definition” (p.25).

Restrictions on advertising on billboards (including near educational institutions), pamphlets, internet, television and radio (beyond specific time slots) and cinemas and theatres

Proposals are unnecessary and unacceptable

“[Restrictions on billboards] will impact negatively on the entrepreneurs who are increasingly using billboards as a platform to enter the media industry’ (p.27)

Proposals will lead to losses for business, economy and society

“The ‘age gate controls’ that exist can and should be strengthened to ensure that under 18s do not access liquor adverts” (p.27)

Restrictions on liquor outlet locations, including within a specific radius of schools (later educational institutions), residential areas, and places of

worship and recreation

Proposals contravene norms, rules and laws

“This provision seeks to usurp the constitutional powers of the provincial authorities…this clause seeks to elevate the norms and standards to legislation” (p.32)

Policy will fail and have perverse consequences

These outlets simply will pop up illegally elsewhere and will lead to the illegal trade in alcohol outside the regulators control” (pp.27 − 8)

Proposals will lead to losses for businesses, economy and society

“This provision would essentially prohibit the creation of viable competitors to the incumbent players and severely limit the transformational agenda of government” (p.31)

Restrictions on advertising on billboards (including near educational institutions), pamphlets, internet, television and radio (beyond specific time slots) and cinemas and theatres

Restrictions on liquor outlet locations, including within a specific radius of schools (later educational institutions), residential areas, and places of

worship and recreation

Proposals contravene norms, rules and laws

“If the manufacturer and distributor can demonstrate compliance with the regulations, then unless the state is able to prove the contrary there should be no liability” (p.34)

Applicants to the National Liquor Regulator (to be registered as an alcohol manufacturer or distributor, or both) must meet the Broad-Based Black Economic Empowerment level of compliance

Proposal will lead to losses for businesses, economy and society

“Becoming compliant and remaining compliant [with the B-BBEE Act] is not as simple as suggested in the provisions of the bill. Businesses could fall 2 or 3 levels because black shareholders choose to sell shares in a business to a white investor. It would severely restrict the black entrepreneur’s right to sell his or her shares and make a profit from the sale if the seller has restrictions placed on him or her because the business wishes to retain its BBEEE score” (pp.30 − 1)

The acceptable, ‘good’ solution

In response to proposals to restrict advertising and increase legal drinking age from 18 to 21:

Self-regulatory marketing guidelines

Solutions should be self-regulatory and not disrupt business

“The Bill should apply the guidelines in the ARA [now Aware] code of commercial communication which govern alcohol advertising content and times. These codes represent global best practice” (p.26)

Education programmes

“Industry would make resources available to run educational programmes and conduct research” (p.29)

In response to restrictions on liquor outlets located within a specific radius of schools (later educational institutions), residential areas, and places of worship and recreation:

Education programmes

Solutions should target individuals, not whole populations

“Consumers [should] be held accountable for their purchasing behaviour. By law licensees are required to display their licenses on the premises. Government should educate consumers to report unlicensed businesses and how to identify them” (p.35)

In response to restrictions on liquor outlets located within a specific radius of schools (later educational institutions), residential areas, and places of worship and recreation:

No building of schools near licensed premises

Solutions should be self-regulatory and not disrupt business

“Business proposed that the current license holders should not lose their license to trade and that spatial planners for cities should plan ahead so that schools etc. are not built close to existing licenses in future” (p.32)

Education programmes

Solutions should target individuals, not whole populations

“Encouraging responsible consumption of alcohol and educating consumers will have a greater impact than closing outlets (p.32)