Irresponsible drinks promotions banned - or at least some of them

Drinks promotions defined as irresponsible, including “all you can drink for £10” and “dentist chairs” were banned from the beginning of April 2010 under the new Mandatory Code on the selling of alcoholic drinks. Other restrictions are scheduled to come into force on 1 October 2010 to give retailers time to prepare.

However, critics of the Code complain that there is confusion and uncertainty regarding what exactly is banned and what is still permissible, with licensing authorities having partial discretion to decide what counts as ‘irresponsible’, and, it is claimed, the guidance on the interpretation of the Code given by the Home Office partially contradicting that given by the Department of Culture, Media and Sport (DCMS).

The power to introduce a Mandatory Code of conduct for alcohol retailers was granted through the Policing and Crime Act which received Royal Assent in November 2009. Launching the Code, Home Office Minister Alan Campbell said:

“Alcohol-related crime costs the UK billions of pounds every year and while the vast majority of retailers are responsible, a minority continue to run irresponsible promotions which fuel the excessive drinking that leads to alcohol-related crime and disorder.

“The code will see an end to these promotions and ensure premises check the ID of those who appear to be underage helping to make our towns and city centres safer places for those who just want to enjoy a good night out.”

Premises found to be in breach of the Code or any secondary conditions that have been imposed will face a range of possible sanctions including losing their licence, having additional conditions imposed on their licence or, on summary conviction, a maximum £20,000 fi ne and/or six months imprisonment.

The conditions that have already come into force are:

banning irresponsible promotions such as “all you can drink for £10” offers, women drink free deals and speed drinking competitions

banning “dentist’s chairs” where drink is poured directly into the mouths of customers making it impossible for them to control the amount they are drinking; and

ensuring free tap water is available for customers - allowing, it is suggested, perhaps somewhat optimistically, people to space out their drinks and reduce the risks of becoming dangerously drunk

The remaining conditions scheduled to come into effect on 1 October are:

ensuring all those who sell alcohol have an age verification policy in place requiring them to check the ID of anyone who looks under 18 to prevent underage drinking which can lead to antisocial behaviour and put young people at risk of harm;

and ensuring that all on trade premises make available small measures of beers, wine and spirits to customers so customers have the choice between a single or double measure of spirits and a large or small glass of wine

Confusion and uncertainty

Critics of the Code were quick to point out that some of its provisions are ambiguous, and that there does appear to be some lack of consistency between the interpretations of the Code provided by different government departments.

For example, the Guidance issued by DCMS to the operation of the Licensing Act, amended to take account of the new Code, states that the Code prevents the sale of ‘unlimited or unspecified quantities of alcohol free or for a fixed or discounted price’, such as ‘drink as much as you like for £10’. The DCMS Guidance goes on to say that “this restriction does not mean that promotions cannot be designed with a particular group in mind but a common sense approach is encouraged, for example, by specifying the quantity of alcohol included in the promotion”.

In contrast, the Guidance issued by the Home Office states that among the promotions that are banned are those such as ‘10 pints for £10’, which clearly do specify the quantity of alcohol included. Presumably, the answer in this particular case is that 10 pints of beer are regarded as sufficient to cause drunkenness, and hence to be in potential breach of the objectives of the Licensing Act. However, problems of interpretation might arise in relation to promotions offering lesser quantities.