LEGAL www.sltn.co.uk EDITORIAL


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Scott Wright scott.wright@peeblesmedia.com


Deputy Editor Gillian McKenzie


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Managing Editor Patrick Duffy


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Trade lost in fog over promo rules


Uncertainty persists over the ‘dos and don’ts’ of alcohol displays and offers, writes solicitor Audrey Junner of Hill Brown Licensing


L ADVERTISING


Advertisement Manager Lucie Cooney


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Assistant Advertisement Manager


Sean Robertson


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Property & Classified Advertisement Executive Sandra Gilchrist


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Production Manager Caroline McGeachie


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Production Assistant Laura Macdivitt


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OCATION, location, loca- tion is no longer just the


mantra of property tycoons. Since October 1, ‘location’ has gained a particular signifi- cance for the Scottish licensed trade.


The Alcohol Act has brought with it some extremely strict controls on the location of pro- motions within, and in the vi- cinity of, off-sales, which mean the retailer must give careful consideration to their location. Promotions relating to alco- hol for sale on the premises for consumption off the premises must be located in the author- ised alcohol area within a store and not within the vicinity, un- less they fall within one of two exceptions. If the product on display is a


branded non-alcoholic prod- uct, it is not considered a drinks promotion and you are free to locate it anywhere in your store.


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This should be simple enough but the draftsman’s defini- tion of ‘branded non-alcoholic product’ leaves a lot of room for confusion. A branded non-alcoholic product is described as a prod- uct ‘which bears the name or image of an alcoholic product or is an image of an alcoholic product’. Nowhere in this definition do we see the word ‘logo’. Is a Bacardi key ring which features the bat symbol alone a branded non-alcoholic product? What about a pint glass with a Ten- nent’s ‘T’ etched on it? The definition would suggest


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Neither of these products fea- tures the name of the alcoholic product or an image of the product – they both feature the logos of well known brands. By simply using the word logo, one of the most commonly rec- ognised tools of the marketing trade, the government could have avoided any debate. A product which featured the


logo of an alcoholic drink or brand could very simply have been brought within the defini- tion.


A member of the Audit Bureau of Circulations.


14 - SLTN - November 24, 2011


Instead, the definition is un- clear and, like so many of the


The Alcohol Act has brought strict controls on the location of promotions, but Audrey Junner of Hill Brown Licensing said greater clarity is required on the rules.


Alcohol Act provisions, leaves the trade wondering exactly what it can and cannot do. If a product does fit within the definition of a branded non- alcoholic product, you are per- mitted to display it anywhere in your premises, however you can only do so if the product is


The definition of ‘branded non- alcoholic product’ leaves a lot of room for confusion.


for sale. If it is not for sale then you must locate it within the al- cohol area. If, for example, a drinks com-


pany supplied you with free mini footballs featuring the name of an alcoholic product to distribute to customers dur- ing the World Cup, you can only display this merchandise in the authorised alcohol area. As the products are not for sale and the exception does not apply, the inference is that they would constitute a drinks pro- motion, which must be located within the alcohol area. The second class of products permitted outwith the alcohol


display areas and within the vicinity are newspapers, maga- zines and other publications which are for sale on the prem- ises or, if they are not for sale, do not relate only or primarily to alcohol. Newspapers and magazines are self explanatory but the definition of other publications has resulted in considerable head scratching. I am of the view that it means publications in the nature of newspapers and magazines but the government guidance also includes promotional leaflets. If leaflets are regarded as pub-


lications they must be displayed and if they are free they must not relate only or primarily to alcohol. The guidance suggests the test will be met if the sur- face area devoted to alcohol is less than 50%. If leaflets are not displayed but are distributed to custom- ers entering a store you may fall foul of the rules. As distribution of leaflets in the vicinity would not meet the ‘display’ criteria, the govern- ment is proposing further regu- lations to allow stores to carry out mail shots. When it comes to promo- tions the can and cannots are


far from clear, and ambiguous definitions only add to the con- fusion. The very definition of a drinks promotion – ‘any activ- ity which promotes or seeks to promote the buying of any al- cohol’– is in fact still uncertain. As the Alcohol Act beds in I am sure the boundaries will be tested and, in time, the fog will lift.


In the meantime, when plac- ing what could be considered promotional material or prod- ucts in your store, always re- member the golden rule, it is all about location.


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