Dutch alcohol policy

The aim of the Dutch cabinet is that children do not drink before the age of 16 and that youngsters drink less. Dutch government also wants to reduce the number of alcohol dependent people and to tackle harm done by alcohol to family, working place, traffic safety and nightlife.
Important target groups are youngsters and problem drinkers. Six kinds of policy instruments are used:
1. Education and prevention
2. Treatment and rehabilitation
3. Alcohol Licensing and Catering Act
4. Rules on alcohol advertising
5. Penalties for driving while intoxicated
6. Taxation

An important principle in Dutch alcohol policy is, that only a well-balanced coherent package of measures is considered to be effective.

The most recent alcohol policy document (“Hoofdlijnenbrief alcoholbeleid”) is from 20 November 2007. It was a joined memorandum from the ministers of Health, Welfare and Sport, of Youth and Family and of the Interior. It has been debated in Dutch Parliament in December 2007.

Hoofdlijnenbrief alcoholbeleid (69,2 kB)

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1. Education and prevention

In 1986 a large scale national alcohol education project was initiated by the Ministry of Health, Welfare and Sport. The campaign includes mass media activities, mainly television and radio commercials, and regional activities. In the early years the campaign targeted at the general public, later at youngsters and in recent years at parents. Local prevention workers are involved. At the start the campaign was coordinated by the Ministry, later on by the Netherlands Institute for Health Promotion, since 2008 by the Trimbos Institute. This institute runs as part of the campaign an alcohol information and helpline. The slogan of all the activities (“DRANK maakt meer kapot dan je lief is”) is very well known and excepted by the general public. Recently the minister of Health, Welfare and Sport decided to stop this campaign as of 2012 (argument: too patronizing). Only some regional/local educational activities will be maintained as part of a youth programma targeted at lifestyle.

Information on alcohol to school pupils is developed on a national level (also by the Trimbos Institute), but carried out on the regional level as much as possible. The majority of secondary schools and a third of all elementary schools take part in the long-term project “The Healthy School and Drugs”. Since recently the project is also targeting at vocational schools. Attention is paid to all mind altering products as alcohol, tobacco and illegal drugs. “The Healthy School and Drugs” is an integral program. Lessons play an important role, but it also focuses on parent activities, school rules for drugs, monitoring and counseling pupils who have problems using drugs. The project has had and will continue to have a grant from the Ministry of Health, Welfare and Sport.

The BoB campaign aims to raise awareness of the dangers of driving while intoxicated. Alongside the general information that is offered during the campaign, there is an increased police surveillance. It is a so called designated driver campaign. A designated driver is a person who abstains from alcohol on a social occasion in order to drive his/her companions home safely. The designated driver is called BoB, a sympathetic person.The BoB campaign originated in Belgium, in 1995, and the concept has been picked up in the Netherlands in 2001. In the Netherlands the campaign is coordinated by the Ministry of Infrastructure and Environment. Participants are the alcohol producers and Safe Traffic Netherlands.

2. Treatment and rehabilitation

In the Netherlands there is a sound network of professional treatment facilities for problem drinkers.

General practitioners offer treatment. But most drinking problems are not recognised in this echelon.

Most problem drinkers are treated in one of the 11 government-financed regional organizations for addicts (drug addicts and alcoholics). Yearly close to 30,000 people with an alcohol problem are treated.The emphasis is on early intervention and outpatient treatment. Several organizations offer internet treatments.

Some alcoholics are treated residentially. Clinical treatment mainly takes place in general psychiatric hospitals and in addiction clinics.
Since 2008 young patients (under 18) being hospitalized with severe alcohol intoxication are referred to special treatment facilities with an extensive aftercare program. The first results are promising.

Treatment is also offered by some religious organisations, private clinics and many local self help groups (Alcoholics Anonymous).

3. Alcohol Licensing and Catering Act

The Alcohol Licensing and Catering Act (1964) is a statutory law regulating the selling and serving of alcohol. The law is the responsibility of the minister of Health, Welfare and Sport.

According to the Alcohol Licensing and Catering Act mildly alcoholic beverages as beer, wine and low alcohol content spirits are sold only in grocery stores and licensed liquor shops. The sale of strong alcoholic beverages (spirits with alcohol content of 15% or more) is restricted to licensed liquor shops. On premise alcohol consumption is allowed in licensed pubs/restaurants and other licensed drinking places.
There are two age limits
• 16 years for mildly alcoholic beverages
• 18 years for strong alcoholic beverages
The age limits are for off and for on premise consumption.

Licenses are issued by the municipalities. The licensing terms are fairly strict.
Firstly the personal situation of the applicant is examined. The applicant should not have committed any serious crimes during the last five years or be a repeat offender of less serious crimes, for example, drunken driving. In addition to this, the applicant should have passed a course on management of alcohol affairs and other issues of ”responsible serving”. These requirements do not apply to the license candidate only, but also to the person who tends the shop or the pub/restaurant. The license-holder and the tender should be at least 21 years old.

Another important matter is the terms concerning the outlet. The minimum area of a liquor shop is 15 m2 , of a pub/restaurant 35m2. The outlet has to be a separate room or building. It is not admissible to have a liquor shop and a pub/restaurant in the same room. Liquor shops should not be in direct connection with an ordinary grocery store. Alcoholic beverages are not allowed to be sold in kiosks; that is, through a window.

There are no national regulations as to pub/restaurant closing hours. This is completely the competence of the municipalities.

There are no legislative provisions concerning the limitation of production, importation or exportation of alcoholic beverages. A license is only needed because of excise duties. Labels for alcohol content are required since 1993 in conformity with the regulations for harmonisation of the internal market in the European Union. Labels with general or specific health warnings are not required.

Dutch Parliament agreed in June 2011 on a Cabinet proposal to amend the Alcohol Licensing and Catering Act. The proposal has recently been sent to the Senate.
The most important element of the amendment is that local authorities will get more competences. Some new powers:
• To forbid exorbitant price promotions, such as happy hours in pubs/restaurants and price breakers in grocery stores and liquor shops;
• To determine that youngsters below a certain age are denied access to pubs/restaurants after a certain point in time;
• To enforce all the rules regarding the selling of alcohol (at this moment the enforcement is in the hands of Food and Consumer Product Safety Authority);
• To prohibit for one to twelve weeks the sale of alcoholic drinks by grocery stores frequently violating under age drinking regulations.

The amendment makes the possession of alcohol a punishable offence for children under 16. A majority of MPs agreed that young people age 12 to 16 caught drinking or possessing alcohol on the road, in parks, pubs and restaurants should be penalised.

In September 2011 the Dutch Institute for Alcohol Policy (STAP) started to inform municipalities about the consequences of the amendment of the Alcohol Licensing and Catering Act for local authorities.

4. Rules on advertising

In the Netherlands three different regulations exists that specifically refer to alcohol advertising.
1. The Alcohol Licensing and Catering Act
2. The Advertising Code for Alcoholic Beverages
3. The Media Act 2008

The Alcohol Licensing and Catering Act contains an article that gives the minister of Health, Welfare and Sport the competence to regulate alcohol advertising in an order in council. But until now there is no such regulation in force.

Advertising of alcoholic beverages is in the Netherlands mainly controlled by self regulation of the drinks industry. Since 1977 an Advertising Code for Alcoholic Beverages is in effect. In 2000 this code has been amended. Since then there is a voluntary advertising ban on all media if 25% of the audience (viewers, listeners, readers or visitors) is under 18 years. Since a 2008 amendment there are two obligatory slogans. In advertisements for mildly alcoholic beverages the slogan is: “No 16? No drop!”. In advertisements for strong alcoholic beverages the slogan is: “Enjoy, but drink in moderation”. In the Advertising Code for Alcoholic Beverages the rules of the Audiovisual Media Service Directive are incorporated.

As of 2009 the Netherlands has a legal ban on alcohol advertisements on television and radio from 6 am to 9 pm. Broadcasters are not allowed to transmit during these hours commercials for all alcoholic beverages. This ban is included in the Media Act 2008 . The rules are enforced by the Dutch Media Authority.

In 2002 the Ministry of Health, Welfare and Sport commissioned the Dutch Institute for Alcohol Policy (STAP) to monitor the advertising and marketing practices of the drinks industry in the Netherlands. Recently the minister decided the grant for these monitoring activities will stop as of 2013.

5. Penalties for driving while intoxicated

Road and traffic safety is the responsibility of the minister of Infrastructure and Environment.

In the Netherlands, the legal limit for drivers is a blood alcohol concentration (BAC) of 0.5 pro mille. Novice drivers (people who received their driving license less than five years ago) are not allowed to have a blood alcohol concentration higher than 0.2 pro mille. This blood alcohol level also applies to people below the age of 24. In the Netherlands random testing is allowed.
The Netherlands has three rehabilitation courses for road users committed drink-driving offences: EMA (Educational Measure Alcohol and Traffic), LEMA (Lighter version of EMA) and EMG (Educational Measure Behaviour and Traffic) .

1. EMA (Educational Measure Alcohol and Traffic) is a three-day course given to people who participated in traffic with a BAC between 1.3 pro mille and 1.8 pro mille.

2. LEMA (Light Educational Measure Alcohol and Traffic) consists of two half-days of 3.5 hours each. LEMA is intended for novice drivers with a BAC between 0.5 pro mille and 0.8 pro mille.

3. EMG (Educational Measure Behaviour and Traffic) is meant for drivers who repeatedly showed undesirable driving behaviour in the course of one drive. Also in the case of one single major speeding offence, a driver can be referred to EMG.

As of December 2011 the Netherlands will start an alcohol interlock program for offenders with a BAC of 1.4 pro mille or more.

Source: Factsheet Rehabilitation courses for road users, SWOV, 2010.

6. Taxation

Taxation is the responsibility of the minister of Finance.

Excise duties are levied on all alcoholic beverages. Like Value Added Tax, excise duties are included in the price the consumer pays. The tax is remitted to the Tax Administration by the manufacturers in the Netherlands, by traders and also by importers of excisable goods (for example, importers of American brandy).

For beer, the excise duty is progressive and is levied according to categories expressed in degrees Plato. The excise duties on wine are different between sparkling and non-sparkling (still wines) and are progressive in relation to ranges of alcohol content by volume. For spirits, the excise duty is levied as a set amount per hectolitre of pure alcohol. There is a special excise duty for products that are in between (for example port, sherry and vermouth).

Taxation per glass (2011)
Glass of pilsner beer (250 cc) € 0.08
Glass of still wine (100 cc) € 0.07
Glass of gin (35 cc) € 0.19