Licensing: Irresponsible Promotions

As we head towards this year’s party season, with Halloween, Bonfire Night and various Christmas events all fast approaching, it is a good time to remind premises licence holders to be aware of overzealous advertising in an effort to entice as many people as possible to their venues.

The Licensing (Scotland) Act 2005, amended in 2010, introduced changes to the Act that prohibited irresponsible alcohol promotions. These promotions are specific practices relating to the sale and promotion of alcohol and are prohibited as they can encourage excessive or irresponsible drinking.

These prohibitions are designed to protect public health and reduce alcohol-related harm.

There are a few examples that you need to avoid if you are planning any type of promotional offer in your premises during the party season. These are:

Supply of Alcohol Free of Charge or at a Reduced Price

Promotions that encourage the purchase of alcohol in larger quantities by offering alcohol free of charge, at a discounted price, or on the condition that other alcohol is purchased. Examples of this would be “buy one, get one free” or “three for two” offers. Also included in this is the prohibition of price variations lasting less than 72 hours. Therefore, any discount offered would have to meet these criteria.

The Provision of Unlimited and Unspecified Quantities of Alcohol

Offering and unlimited amount of alcohol for a fixed price or under certain conditions, such as “all you can drink” deals or “bottomless brunches”. However, some venues in Scotland do offer similar experiences, such as “Boozy Brunch” which may include a set number of drinks with a meal over longer period of time, such as 90 minutes or more.

Encouragement of a Specific Consumption

Activities that encourage a person to drink a certain amount of alcohol within a short time or to drink as much as possible. These are promotions such as drinking as many shots as you can in 10 minutes or advertising that it is cheaper to buy a bottle of wine than it is to buy two glasses. Also included in this criteria would be advertising that a double is cheaper than a single measure of spirits. There is nothing to prevent a customer from the double measure instead of the single where that is the choice of the customer, as long as they are not being supplied with the larger measure on the purchase of a single.

Pubs and Clubs encouraging Irresponsible Drinking Games

Any games or activities in licensed premises that that require or encourage individuals to drink a certain amount of alcohol or at a certain pace.

Advertising that Encourages Irresponsible Drinking

Advertisements that promote or condone excessive or irresponsible drinking by suggesting that drinking alcohol can enhance social success or physical performance.

Supply of Alcohol as a Reward or Prize

The offering alcohol as a reward or a prize, unless the alcohol is in a sealed container and intended to be consumed off the premises, fall under this category of irresponsible promotion.

Provision of Alcohol in Conjunction with Other Services or Goods

Offering alcohol in conjunction with another product or service at a price less than it would cost to buy the alcohol and product/services separately.

Non-compliance with any of these examples may lead to a visit from a Licensing Standards Officer, who could issue a warning or a section 14 notice requiring that the breach be remedied. If they issue a section 14 notice, the Officer could then apply to the Licensing Board for a premises licence review, where the Licensing Board could issue a temporary suspension or revocation of your premises licence.

Any licensed premises facing uncertainty on whether their promotions or future promotions are in line with the regulations, should contact Gilson Gray’s Licensing team for further advice.