Law Society of Scotland highlights 'unintended consequences' of alcohol promotions ban

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By The Drum Team, Editorial

September 29, 2011 | 2 min read

With new laws set to be introduced around alcohol supermarket promotions this weekend and a ban on advertising the promotions in Scotland, the Law Society of Scotland has highlight some of the ‘unintended consequences’ that may result.

The new rules will take effect under the Alcohol (Scotland) Act 2010 from Saturday 1 October, and are designed to limit public exposure to alcohol marketing, while also reducing retailers promoting alcohol.

Stephen McGowan, from the Licensing Law Committee for the Law Society of Scotland has warned, however, that there may also be ‘unintended’ consequences of the new rules.

“A ban on alcoholic drinks promotions will apply equally across all licensed premises. The change will mean an end to various supermarket deals such as buy 3 bottles of wine for £10 as of this Saturday. But, the multipack rule only applies if you are also selling the same product as single items so premises may simply decide to stop offering singles and stock multipacks only – meaning customers may in fact be forced to buy more than they desire,” commented McGowan.

The new rules will also mean that advertising around alcoholic products cannot be used within 200 metres of the store.

“The ban on alcohol advertising within 200 metres may have all sorts of bizarre consequences, for example this could affect shop names - if they contain reference to alcohol in their titles and on a literal interpretation it could even affect delivery vans dropping off stock to the premises.”

McGowan also highlighted concerns around competition legal issues.

“As this Act will apply to operators in Scotland only, the Society is concerned that this change in legislation has the potential to create two separate markets within the United Kingdom for alcohol products. It could lead to shoppers purchasing in England and Wales to take advantage of savings not available in Scotland.

“This is a real possibility in view of the existence of internet retailing and ease of transportation between Scotland and England.”

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