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THE LICENSING (SCOTLAND) BILL: AN ANALYSIS OF CONSULTATION RESPONSES
NINE: IRRESPONSIBLE PROMOTIONS
30. Do you agree that the issue of irresponsible promotions is best tackled at a national level?
9.1 More than nine tenths of the 85 who commented agreed fully or in part with this proposal, tending to accept that national definitions, action and publicity would all be required for a Scotland-wide approach.
9.2 However, the need for localised consideration of the problem and a degree of flexibility were highlighted, so that boards could assess borderline cases in light of local knowledge and tackle novel ways of circumventing any national conditions by unscrupulous promoters. One consultee recommended a commitment to monitor change as a result of actions to tackle the problem, using local and national health and other relevant data. Another suggested that, as in the USA, alcohol producers should be obligated to contribute funds towards the promotion of responsible drinking.
9.3 One alcohol advisory and research body thought that off-sales promotion did not present the same, acute problems as that in on-sales - people would stock-up on promoted goods for consumption over a period of time, rather than binge.
31. Do you have any views on how an 'irresponsible promotion' can best be defined?
9.4 Eighty-three consultees expressed some comment on this, although some were extremely brief, with any promotion encouraging binge drinking, pricing below the national average, or discounts in concentrated periods like 'happy hours', discount evenings and pricing activity with a cut-off time, with various examples of how such promotions are run, all recurring. Difficulties that would inhere in defining 'irresponsible promotion' were highlighted and the difference between off-sales and on-sales acknowledged in this context, although the fact that off-sales could offer even cheaper alcohol and that binging could occur in the home was also noted, countering the view of off-sales promotion as being possibly less 'dangerous' which occurred in a response to the previous question.
9.5 A couple of consultees observed that legislation would not deal with the problem of how irresponsible promotion contributes to excessive consumption which would have to be tackled through education also. The involvement of consultants to monitor advertising was also suggested.
9.6 A few respondents warned that not all promotions should be treated the same; an exception might be responsible 'all-inclusive' deals or a pub quiz prize of a bottle of whisky. One considered that there should be a standard condition in all premises licences in relation to advertising that could encourage excessive consumption.
9.7 It was noted by trade respondents that there is already some good practice that could be drawn on to help with this issue. Some consultees supported an idea of minimum national pricing, citing the success achieved in Perth and Kinross. It was also pointed out that some types of drink pricing can vary vastly depending on their quality and that care should be taken that one kind of drink should not be discriminated against in comparison to other categories with which it could be in market competition.
9.8 Problems with any system for pricing were foreseen and it was noted that the Home Office was consulting the Office of Fair Trading on the legality of imposing minimum price tariffs.
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