A ban on irresponsible drinks promotions including ‘all you can drink for £10’, speed drinking competitions and ‘dentist’s chairs’ — pouring alcohol directly into people’s mouths — are among the conditions of a proposed new mandatory code on alcohol sales launched for consultation by Home Secretary Jacqui Smith in May. The Government is right to reject minimum alcohol pricing but giving local authorities power over promotions in individual stores could damage competition and cost customers more, warns the British Retail Consortium (BRC).
Reacting to the Consultation on the new code of practice for alcohol retailers, published by the Home Office, the BRC said allowing local authorities to single out particular stores for bulk promotion bans could impair grocery market competition. The draft code calls for more information for customers but BRC members are already providing plenty of clear health information in-store and on labels.
The BRC welcomed the Prime Minister’s rejection of minimum pricing. In a speech he said, "Bringing in a minimum price….would punish the majority of responsible drinkers." But the BRC remains concerned that promotion bans will hit customers, saying there is no evidence linking these types of purchases with disorder.
British Retail Consortium Director General Stephen Robertson said: "The Government is right to reject minimum pricing. Using the force of law to push up shop prices would simply penalise the overwhelming majority of customers who consume alcohol perfectly responsibly, while doing nothing to tackle the minority who don’t.
"The proposed attack on shop promotions is a dangerous step. Allowing local authorities to single out individual stores and their customers for promotions bans would deny people access to value and could undermine local grocery-market competition. Multi-packs are bought as part of a customer’s regular weekly shop and responsibly consumed at home over a period. They are not bought by young people on a night out. There is no evidence that bulk sales are linked to disorder.
"Retailers are not fuelling disorder. They should not be burdened with pointless extra compliance costs. As always, that would be particularly onerous for small shops.
"Last year’s Home Office report by KPMG cleared retailers of bad practice and agreed with us that the way to make a real difference is by changing the culture around alcohol. Already retailers are voluntarily using on-pack unit labelling to give customers the information they need and ‘Challenge 25′ to eliminate under age sales."
Two-tiered approach
The proposed mandatory code of practice for pubs, clubs, off-licences and supermarkets is describd by the Home Office as the latest step in the government’s plans to tackle alcohol-related crime and disorder and harm to health which costs the UK up to £13 billion every year.
The proposals take a two-tiered approach with a small number of mandatory conditions for all alcohol retailers. This will ensure consistent good practice alongside new discretionary powers for local authorities to tackle problem premises where irresponsible drinking could put individuals at risk and lead to crime and anti-social behaviour.
Any premises that breach the mandatory code or local discretionary conditions that have been imposed will face a range of possible sanctions. This includes losing their licence, having additional tough conditions imposed on their licence or, on summary conviction, a maximum £20,000 fine and/or six months imprisonment.
The proposed mandatory code of practice includes:
banning promotions such as ‘all you can drink for £10’, speed drinking competitions and ‘dentist’s chairs’ where alcohol is dispensed directly into the mouth of any customer. These promotions encourage people to drink quickly or irresponsibly, can lead to crime or anti-social behaviour and make it impossible for people to keep track of the units consumed
ensuring all bars, pubs and clubs offer alcohol in both measures so customers have the choice between a single or double measure of spirits and a large or small glass of wine
requiring alcohol retailers to display information about the alcohol unit content of drinks and for supermarkets and convenience stores, the health impacts of alcohol under powers from the Food Safety Act. This allows customers to make an informed decision about how much they drink and the effects on their own health.
Statement from the Home Secretary
Jacqui Smith said: ‘Alcohol-related crime and disorder costs the UK billions every year in police and hospital resources, not to mention the effect it has on the lives of the millions of decent people who want to enjoy a night out.
‘We do not want to stop the vast majority of people who enjoy a drink responsibly from doing so but this code will crack down on the minority of businesses whose irresponsible promotions fuel the excessive drinking that can lead people into crime and disorder or to risk their own or other’s safety. It is not about penalising the majority who trade responsibly but the government has a duty to tackle this issue which affects us all.
‘We have consulted with the alcohol industry to ensure the conditions in the proposed code target the irresponsible practices that most people agree should not be allowed.
Statement from the Secretary of State for Health
Alan Johnson said, ‘The alcohol industry has a responsibility to help reduce harm from alcohol. This code will give them the framework in which to live up to that responsibility.
‘People must also be able to make informed choices about their drinking habits. Our Units campaign is already giving the facts about alcohol units. Today’s proposals would see all alcohol retailers reinforcing this with information for their customers on the number of units in their drinks and the health risks of drinking too much.’
Statement from Alcohol Concern
Chief Executive Don Shenker said, ‘A mandatory code is a necessary step in the right direction towards cutting crime and health problems caused by alcohol.
‘These measures are long overdue – for too long, the industry has failed to regulate itself. This new code will help people make healthy choices while further protecting communities from crime.’
As well as the mandatory conditions there is also a flexible secondary set of conditions that can be imposed by licensing authorities on two or more premises in one area where they are clearly associated with alcohol-related nuisance and disorder.
These conditions will enable local councils to take tough action in areas experiencing particularly high levels of alcohol-related disorder by imposing strict conditions to stop irresponsible promotions or practices and to ensure that premises are responsibly run.
Alcohol crime hotspots
Additional conditions for alcohol crime hotspots include:
restricting happy hours or pub crawl promotions at particular times most associated with alcohol-related crime and disorder
banning irresponsible bulk buy promotions where, for example, a consumer must buy more than one 24 pack of lager to obtain a discount to reduce the risk or people drinking excessive amounts of alcohol at home then going out already drunk and causing crime and disorder
requiring staff to operate a Challenge 21 policy where anyone who may look under 21 must produce proof of age to buy alcohol
requiring licensed door staff to conduct checks for weapons and drugs at times most associated with alcohol-related crime and disorder
banning glass containers or ensuring glasses are collected at regular intervals to reduce the risk of violent incidents
ensuring that CCTV is in operation at times most associated with alcohol-related crime and disorder
displaying information on the location of public transport links and taxi numbers to help people get home safely.
The government has decided not to proceed with any national or local measures around minimum unit price as it would punish unfairly the sensible majority of moderate and responsible drinkers.
However, the consultation commits to developing further the evidence base in this area. In addition, the consultation asks for views on whether banning retailers from selling alcohol at prices below the level of excise duty paid, plus the VAT due, would further the government’s objectives in tackling alcohol-related harms in a way that does not unduly affect the majority of responsible drinkers and retailers.
Statement from the Association of Chief Police Officers (ACPO)
Mike Craik, Association of Chief Police Officers (new window) (ACPO) national spokesperson for Alcohol Licensing, said, ‘Alcohol misuse impacts on every area of society. But long term sustainable reductions in alcohol misuse can only be delivered by influencing attitudes and behaviour.
‘ACPO welcomes the announcement of the government’s consultation today around a mandatory code of conduct for the licensing industry and looks forward to working with government and industry to develop detailed proposals to address what is a significant issue for our society. We want to see an end to promotions that lead to alcohol-fuelled violence.
‘Tackling those retailers who continue to trade without considering the effect of their actions on communities is a step in the right direction. However, just as not all people who drink do so irresponsibly, not all retailers trade irresponsibly and putting an end to irresponsible drinks promotion is not the only solution.
‘We need cultural change, properly planned town centres, appropriate licensing decisions, courts handing down appropriate sentences and of course, continued enforcement activity targeted at problem premises and problem individuals.’
Inviting views from the public
The consultation invites views from members of the public as well as businesses, industry groups and interested organisations. It will run for 12 weeks and responses will be used to inform and develop the final set of conditions.
In deciding when to implement the Code, the Government says that it will take full account of the views of the pub and drinks trade and the economic conditions affecting the industry. The government says that it will pay particular attention to minimising the impact on the great majority of responsible pubs, clubs and retailers and giving them enough time to adapt to mandatory provisions in the Code.
A copy of the consultation is available on the Home Office website.
