Irresponsible promotion of alcohol

237 Irresponsible promotion of alcohol

(1)

A person commits an offence if, in the course of carrying on a business, that person—

(a)

does anything that encourages people, or is likely to encourage people, to consume alcohol to an excessive extent, whether on licensed premises or at any other place; or

(b)

promotes or advertises discounts on alcohol in a way that leads people, or is likely to lead people, to believe that the price is 25% or more below the price at which the alcohol is ordinarily sold (otherwise than—

(i)

on licensed premises; or

(ii)

in the catalogue or similar price-list of the holder of an off-licence endorsed under section 40); or

(c)

holds or has on licensed premises a promotion or advertisement of discounts on alcohol that—

(i)

leads people, or is likely to lead people, to believe that the price is 25% or more below the price at which the alcohol is ordinarily sold; and

(ii)

can be seen (or, in the case of an audible promotion or advertisement, heard) from outside the premises; or

(d)

promotes or advertises alcohol that is free of charge (otherwise than—

(i)

by promoting or advertising the complimentary sampling of alcohol for consumption on premises for which an off-licence is held; or

(ii)

by a promotion or advertisement within licensed premises that cannot be seen (or, in the case of an audible promotion or advertisement, heard) from outside the premises); or

(e)

offers (otherwise than by means of an offer made only on licensed premises, and made only in relation to the buying of alcohol on those premises) any goods or services, or the opportunity to obtain any goods or services, or the opportunity to win a prize, on the condition that alcohol is bought; or

(f)

promotes or advertises alcohol in a manner aimed at, or that has, or is likely to have, special appeal to, minors.

(2)

Subsection (1)(e) does not apply to a loyalty programme that provides rewards or discounts, unless the rewards or discounts apply only or primarily to alcohol.

(3)

A person who commits an offence against this section is liable on conviction,—

(a)

in the case of a licensee, to either or both of the following:

(i)

a fine of not more than $10,000:

(ii)

the suspension of the licensee’s licence for a period of not more than 7 days:

(b)

in the case of any other person, to a fine of not more than $10,000.

Compare: 1989 No 63 s 154A