This study has described the implementation of different tobacco retailer licensing systems by Australian state and territory governments in recent years, and has assessed levels of support for such policies over time and by various socio-demographic and behavioural attributes of respondents. The findings indicate that despite an inconsistent approach to this issue by governments, a clear majority of the public are supportive of a tobacco retailer licensing system, regardless of whether or not such a system is already in place in their jurisdiction of residence. While there is variation between jurisdictions in levels of support, this variation is attenuated in the case of QLD, which has no licensing system, or disappears altogether in the case of NT, which has a positive licensing system, when the different socio-demographic and behavioural attributes of the respective populations are taken into account. Levels of support in TAS on the other hand, which also has a positive licensing system, become significantly higher after controlling for these factors. Tobacco control initiatives other than a retailer licensing system may explain some of these residual variations.
The study also revealed majority support for the licensing of tobacco retailers across nearly all categories of the socio-demographic and behavioural attributes analysed (with the exception of current smokers), with the highest likelihood of support amongst those respondents from TAS, those aged 50 years and over, females, those from high-SES areas [SEIFA], those living in major cities, never smokers and never drinkers. The patterns of support across these attributes reflected broader trends in the social determinants of health, with levels of support increasing with increasing urbanicity and SES advantage. Only about one-third of current smokers indicated support for a retailer licensing system, but this group only made up less than 15% of the population. These patterns are important to consider as Australian research suggests there is greater tobacco retailer density and higher smoking rates in lower-SES areas and regional and remote areas.(26-30)
Our findings also indicate that around two-thirds of those aged 14-17 years were supportive of a tobacco retailer licensing system. The minimum purchasing age for tobacco products in Australia is 18 years, however recent research found that 9% of 12-15 year-old smokers purchased cigarettes themselves, and this figure increased to 24% amongst 16-17 year-old weekly smokers,(31) suggesting that many retailers are not adhering to the relevant legislation. Chapman and Freeman (10) argue that tobacco retailer licensing should be implemented and heavily restricted, with a potential loss of licence for breaches of conditions. Retailer compliance with tobacco control laws such as preventing sales to minors, the sale of illicit tobacco, and the promotion of tobacco products could be improved through the implementation of a positive licensing system that generates a sustainable revenue cycle, as recommended by Quit Victoria.(6) An Australian study found a reduction in attempted tobacco purchases amongst minors when there was sustained and vigorous enforcement of underage sales legislation.(32)
Without a comprehensive tobacco retailer licensing system in NSW, VIC and QLD, it is difficult to accurately determine both the number of retailers in these jurisdictions and how many are complying with the relevant legislation at any point in time. Quit Victoria has estimated that there were approximately 8,000 retailers in VIC alone in 2014.(6) Local governments throughout VIC are provided with funding to undertake regular compliance checks, education visits and test purchasing amongst tobacco retailers. However, these activities only target retailers known to local government, whereas research suggests that it is the others that are less likely to comply with relevant tobacco retailing laws.(33) Recent research in NSW, for example, identified one unlisted tobacco retailer for every 12.6 registered retailers, and those unlisted retailers were significantly more likely to breach in-store legislation.(34) Retailers in more disadvantaged areas were also more likely to breach in-store regulations than those operating in less disadvantaged areas. This suggests that a negative licensing system does not improve compliance with existing retail legislation, nor does it necessarily lead to the accurate identification of all tobacco retailers.(34)
A number of best-practice solutions to reduce the density of tobacco retailers would be facilitated by the adoption of more consistent tobacco retailer licensing policies in Australia, including limiting the number of retailers within specified geographical areas, imposing minimum-distance requirements for retailers near schools, creating a maximum number of retailers proportional to population size, and limiting the types of businesses that can sell tobacco. Such initiatives could be adopted and enforced at the local level, in an approach that is similar to the one adopted to address alcohol availability in VIC.(12, 35, 36) It would seem, therefore, that the introduction of a comprehensive, positive tobacco retailer licensing system is the logical next step towards further strengthening tobacco control measures in NSW, VIC and QLD. Policy-makers in these jurisdictions should find encouragement in the high levels of public support for such policies and also by research in SA, which demonstrates that the number of tobacco retailer licences purchased or renewed can be reduced simply by increasing tobacco retailer licensing fees to as little as $A200.00 per annum.(11)
A report commissioned by the Federal Government in 2002 identified difficulties in nominating a constitutional head of power to oversee responsibility for the implementation of a tobacco retailer licensing system at the national level.(25) Despite this, the report urged the Federal Government to legislate for a tobacco retailer licensing system that overrides all existing state and territory approaches, whilst emphasising the importance of setting a licensing fee at an acceptable rate to ensure that it is not simply a revenue-raising exercise.(25) Such an initiative by the Federal Government would be consistent with the World Health Organization’s (WHO) Framework Convention on Tobacco Control (FCTC), which promotes the implementation of “…licensing, where appropriate, to control or regulate the production and distribution of tobacco products in order to prevent illicit trade.”(37)
This study has used data from the NDSHS, which is a nationally representative survey of the attitudes and behaviours of Australians in relation to drug use with a reasonable response rate. However, the NDSHS data collection methodologies have changed over time, which may explain some of the trends presented. In 2004 and 2007, for example, the personal interview methodology was removed, with only ‘Drop and Collect’ and ‘Computer-Assisted Telephone Interview’ (CATI) methods employed. For 2010 and 2013, data were collected using only the Drop and Collect methodology. For 2016, a multi-mode collection approach was used, with respondents completing the survey online, via telephone or by paper.(19) It is not clear how these different methodologies might influence responses to the question about the implementation of a tobacco retailer licensing system.
The findings are also limited by the way in which the NDSHS determines support for the implementation of a tobacco retailer licensing system: only one question was asked in relation to this hypothetical policy and no additional contextual information was provided. For example, respondents were not told whether a positive or negative licensing system was being proposed, whether retailers would be required to pay and annual registration fee, the cost of the fee, what that fee might be used for, or whether wholesalers would also be licensed. Many respondents from jurisdictions that already have a retailer licensing system in place may not be aware of this and their responses might change if this information had been provided.
Finally, there were also minor differences in the way the question was worded in the survey over time, with an emphasis on a ‘national’ licensing system from 2013 onwards. Again, it is not clear how these differences might influence responses before and after the change.