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The Licensing (Scotland) Bill: A Consultation on Liquor Licensing

Chapter 9
Irresponsible Promotions

The Nicholson Report

The Nicholson Report notes the particular dangers of binge drinking and the undesirable consequences in terms of public disorder and violence. The Report notes that not all promotions or price discounting are a problem. It is grossly irresponsible discounting and promotions which encourage binge drinking which should be controlled. The Daniels Report supports this.

The Nicholson Report recommends wording for a standard national licence condition based on preventing those discounts and promotions which encourage excessive consumption together with the requirement to display sensible drinking material and to make available at all times reasonably priced non-alcoholic drinks. A breach of the condition should lead to appropriate sanctions under the general established procedure.

Consultation Summary

There was a high level of support from 70 respondents although there was concern about how this could be defined in legislation and effectively monitored. There was general agreement that any provision should also apply to off-sales. The Bar, Entertainment and Dance Association recommends the Perth & Kinross approach to a minimum price tariff as a licence condition. There was also some support for price control from health interests.

Our Approach

It is clear that there is a general consensus that the issue of irresponsible promotions must be tackled. We agree that something must be done to prevent the type of wholly unacceptable commercial activity highlighted by the Nicholson Committee which merely serves to encourage binge drinking and to discredit responsible members of the licensed trade. We will not accept promotions and discounting which encourage those antisocial behaviours that we are working hard to address. Neither do we wish to leave unchallenged an area of activity which also undermines the work the Executive is engaged in under the Plan for Action on Alcohol Problems, the overall purpose of which is to reduce alcohol related harm in Scotland.

However, it will be important to establish a workable solution. We believe that this solution must be established at a national level. We will consider further whether we can take any action to address pricing. We also intend to ask the Expert Group to advise us on how we might seek to define an 'irresponsible promotion' leading to a standard national licence condition and statutory guidance for Boards. On this issue, we clearly need to involve the licensed trade to identify existing best practice.

We know that some Boards are looking for ways to implement the Nicholson proposals now. Although we intend to target this issue through the new legislation, we will seek to make guidance available earlier for voluntary implementation prior to the new legislation taking effect.

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