August is not the best of months to contemplate a substantial change in policy. And a single incident, as appalling as the death of Garry Newlove, allegedly at the hands of alcohol-fuelled youngsters, undoubtedly is, should not be the basis for sudden and sweeping legislation. But when a chief constable calls for the drinking age to be raised to 21 this indicates that there is a serious problem to be considered. Others have demanded a ban on youngsters drinking in the streets and other public places. Some would prefer an increase in tax to raise the price of drinking.

It is, though, important to place this issue in perspective. There has been a change in patterns of alcohol consumption and the policing of it but it is more subtle than often presented. Acquiring accurate statistics about underage drinking is notoriously difficult as this process largely relies on surveys of young people themselves who are often prone to exaggeration if not outright fabrication when asked by social scientists how much they drink. What evidence exists, however, implies that the number of extremely young drinkers (aged 11-15) is actually falling but those who do are drinking more and consuming stronger beverages than was the case a few years ago. A similar tentative conclusion can be drawn for those aged 16-24 – there is a relatively small group of binge drinkers who can then cause real trouble.

In so far as sanctions against alcohol misuse becoming any weaker is concerned, that shift occurred not in this decade but during the 1990s. In 1980, there were 124,380 drunkenness offences recorded in the UK. By 2001, that total (this time including those cautioned) had fallen to 43,356. This is a dramatic reduction to have happened at a time when the relative price of alcohol was falling. In 1992, 627 minors were found guilty or cautioned for underage purchase of alcohol in England and Wales. By 2002 an implausibly low 33 were so punished. Similarly, the number of people found guilty of selling alcohol to those under age fell from 276 to 162 in the same time.

Raising the drinking age would have immense practical difficulties. Additional taxes imposed on all drinkers in order to reduce the consumption of some of them would rightly be resented. A blanket ban on drinking in public places is excessive and local authorities already have the power to impose selective bans where needed.

But existing legislation is not being treated seriously. The increased reluctance of the police to make arrests for drunkenness sends its own message and chief constables should not pretend otherwise. The brewing industry remains addicted to promoting “vertical drinking” (removing tables and chairs from pubs because customers tend to sink more pints when they are standing up) and they have introduced much stronger beers and wines into pubs. Supermarkets, small stores and garages are often reluctant to ask for identification from young people who come in to buy alcohol from their premises, and where they do makes such sales they are rarely prosecuted. This is the root cause of this adverse situation.

These trends are commercially shortsighted as well as socially irresponsible. If a minority of teenagers continues to misbehave when drunk, the pressure on ministers to “do something” will escalate. This would mean more draconian legislation and regulation, which would not be in the interests of brewers or retailers. Yet unless, along with the police and parents, they play their full part in implementing the body of law that already stands, new measures will follow.