Scottish Government consults on restricting alcohol advertising and promotion

Scotland is already known for its strict licensing regime.  North of Hadrian’s Wall, we remain excluded from the best Christmas wine deals, and grabbing a last-minute gift of fizz is impossible before 10am.

The Scottish Government’s Alcohol Framework 2018 is aimed at tackling health inequalities associated with alcohol consumption.  The latest development aims to go further than the current rules, with a consultation launched on introducing heavy restrictions to alcohol advertising and promotion in Scotland across a range of areas. The proposals aim to reduce the attractiveness of alcohol by decreasing exposure to children, young adults and higher-risk drinkers.

Proposed restrictions

• Events and sports - Restriction on alcohol sponsorship of both sporting and non-sporting events, covering a range of marketing activities including branded replica kits, hospitality arrangements and social media content.
• Public places – A ban on alcohol marketing outdoors and in public spaces, including public transport, billboards, posters and signs. (The current regime focuses on restricting marketing in places specific to children and young people such as schools.)
• In-store marketing – Further restrictions on in-store alcohol marketing, beyond those already in place through the licencing system. The visibility of alcohol on retail premises is the focus of these restrictions.
• Brand-sharing and merchandise – A prohibition on the sale of alcohol-branded non-alcoholic products.  This includes merchandise like clothing and mugs, but also extends to flavours associated with alcohol, like gin and tonic flavoured ice cream, or a mojito flavoured alcohol-free drinks.
• Print media – A ban on alcohol advertising in newspapers and magazines.
• Online/social media - Restricting alcohol advertising on digital platforms including tv-style adverts on video sharing platforms, pop-up adverts, website banner adverts, influencer or search engine promotions and even adverts on alcohol brands’ own websites.
• TV and Radio - The current system prohibits alcohol advertising around programming aimed at children. The proposals extend this to an advertising watershed or an outright prohibition on all alcohol adverts.

Impact

The licensed trade has voiced concerns that the recommendations are disproportionate and that the restrictions would immensely impact their sector as a whole. Concerns have been raised around the restrictions on responsible retailers’ ability to trade.  The Scottish Retail Consortium has said that retailers "are concerned the proposals announced today will have a significant impact on businesses with no clear evidence of measurable health benefits. With retailers and consumers under intense cost pressures, we would question whether these rather nebulous and unclear proposals are a proportionate intervention.”

The Scottish Beer & Pub Association has criticised the consultation restrictions, saying that they “create an ‘insurmountable barrier to growth for Scottish producers’, while ripping-out much needed funding from sports clubs, cultural events and venues, reducing jobs in creative industries” and that they would “have a devasting impact on investment and jobs across a range of sectors, while hitting small, Scottish-owned businesses the hardest.”

The Scottish FA and Scottish Professional Football League have warned that implementation of an alcohol sponsorship ban could jeopardise the potential hosting of major events, such as UEFA EURO 2028 and UEFA Club Competition finals, as well as other global sporting and entertainment events in Scotland. Both sports governing bodies intend to contribute to the consultation to make it known that the sporting, social and financial implications of these restrictions could be extremely grave.

Enforcement

The UK-wide advertising codes currently limit the exposure of alcohol advertising to children and young people, by preventing advertising placement where 25% of an audience comprises children. The Scottish Government does not consider that these provide sufficient protection, and the proposals consider working with existing regulatory bodies to monitor and enforce marketing restrictions. Alternatively, the creation of a new regulatory body such as a “Scottish Alcohol Advertising Standards Commission” is mooted.

High fat, salt, and sugar foods

For UK-wide companies operating in Scotland, the proposals will feel similar to those due to come into force in England & Wales in relation to restrictions on the promotion of high fat, salt and sugar (HFSS) foods which are due to be fully in force by 1 October 2023.  A separate ban on advertising HFSS foods online and on TV before 9pm has been proposed, but its implementation has been delayed.  Restrictions on HFSS foods are yet to be consulted on in Scotland.

The Scottish Government proposals are wide-ranging, and consultation on these may result in a more targeted set of restrictions. Business and organisations that wish to respond can do so by 9 March 2023 here.

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