ALCOHOL PROMOTIONS, ADVERTISING AND DISPLAYS – DO’S AND DON’TS

Although there is nothing inherently illegal about a promotion of alcohol, the 2005 Act has created a list of types of promotions which are deemed to be irresponsible and therefore unlawful. The interpretation of these definitions can lead to local variances so that what might be considered by LSOs in one area, might not in another. Operators should always take specialist legal advice before running any promotions. Types of banned promotions include:

• Promotions likely to appeal to under 18s

• Buy 1 get 1 free, and similar deals . “Upselling” of measures – for example an offer to “Make it a double” for an extra 50p - you can have a single s and doubles price list and the double price list does not have to be 2 x the singles price list.

Unlimited alcohol for a fixed price Promotions which encourage people to drink more than they had perhaps intended, eg “Buy two glasses of wine and get the rest of the bottle for £5”

Alcohol as a prize, unless in a sealed container for off consumption – so watch those pub quiz prizes: no round of drinks or bar vouchers please A separate rule, often confused with the rules on promotions, is the so-called “72 hour” rule which refers to the price of products. The rules are slightly different for the on and off trade. In the off-trade the price of alcohol product cannot be varied up or down within a 72 hour window. So if a bottle of Merlot is £7 on Monday, it must remain at £7 on Tuesday on Wednesday and can only be changed on the Thursday morning.

If the price rises to £7.50 on Thursday, then it must stay at £7.50 for at least Thursday, Friday and Saturday, and so on.

In the on-trade if a price change is undertaken, for example the price of a pint or lager is changed to £3 on Monday, it along with all other products on the drinks menu must remain fixed for Tuesday and Wednesday. The next change can only commence on Thursday morning. You can of course change more than one product price at one time. In shops and supermarkets, there are special rules about alcohol display areas and advertising. Most shops will have two areas: an area accessible to the public such as shelving in an aisle, and an inaccessible area such as a spirits display behind the counter. Alcohol advertising can only be located in one of these defined areas, so you should not have posters, vinyls or A-boards at a shop entrance unless it is part of the approved area. Alcohol cannot be displayed for sale other than in one of these two defined areas. The area will be shown on the licence layout plan and cannot be changed without approval from the licensing board. There are special rules on mixing displays of alcohol and non-alcohol goods.

Restrictions even apply outwith the premises –drinks promotions cannot be advertised within 200 metres from the boundary of the premises although this only applies to promotions “in connection” with the premises, so would not stop, for example, an advert on a bus shelter or a passing brewery van.