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ON THE ROCKS: THE ALCOHOL ADVERTISING
from DRAM February 2023
Special Feature
Proposals to significantly restrict alcohol advertising would force the Scottish drinks industry to re-brand and would have a direct impact on bar, pub and hotel owners. The Scottish Government has no power to prohibit broadcast and digital marketing, but it does have over printed and other advertising.
Lynn Richmond, Partner & Accredited Specialist in Intellectual Property at BTO Solicitors (pictured below) and Lauren McFarlane, Senior Solicitor at BTO spell out what it all means.
In November 2022, the Scottish government launched a consultation on a range of measures to restrict alcohol advertising and promotion. Borne out of concern about what the consultation describes as Scotland’s “deep, longstanding and troubled relationship with alcohol”, the consultation puts forward a number of proposals that would significantly reduce the extent to which drinks companies can advertise their products.
The rationale, ministers say, is that the amount and frequency of drinking by Scotland’s young people rises in line with the degree of exposure to alcohol marketing. As such, it is in Scotland’s collective interest for a series of restrictions to be put in place in order to reduce the appeal of alcohol to Scotland’s young people, support a reduction in consumption of alcohol and subsequently improve their health prospects as adults. Ministers also say that restricting alcohol advertising will reduce the “potential triggering effect” that it can have on heavy drinkers and those in recovery or treatment.
What is the current regulatory position?
Alcohol marketing in the UK is largely selfregulated and protections for children and young people are already baked into that regulation. For example, current alcohol marketing must not be likely to appeal to people under 18 years, must not be targeted to people under 18 through the selection of media, and must not feature people drinking who seem to be under 25. There are also prohibitions against alcohol advertising in public spaces if more than 25% or more of the audience are under 18.
The proposals contained in the consultation go much further and are summarised here.
What exactly is the Scottish government proposing?
The consultation paper states that it is crucial that any potential restrictions on alcohol marketing are as comprehensive as possible. As such, ministers are proposing a variety of measures which, if adopted, would see a complete ban on certain types of alcohol advertising and severely restrict the rest. Such changes would have a significant impact on the nature and scope of marketing campaigns for drinks companies as well as practical implications for the licensed trade.
Proposals floated in the consultation include restrictions on:
1. Sports and events sponsorship
The prohibition of alcohol-branded sports merchandise including sponsorship on replica kits.
Offering accreditation to sports venues that are “more family friendly” which according to the report entails reducing the alcohol advertising on display, placing limits on the number of alcoholic drinks a person can buy, and hosting at least six alcohol-free events per year.
2. Outdoor and public spaces marketing
The prohibition of alcohol marketing on billboards and posters near to schools, nurseries and playgrounds, and on public transport vehicles, stops and stations. The removal of adverts for alcohol so that children cannot see them.
3. In-store alcohol marketing
The tightening of restrictions around alcohol display areas.
The prohibition of window displays within permitted alcohol display areas, thereby reducing visibility of alcohol from outside the shop itself.
Defining the location of alcohol display areas, for example, near the back of