Reminder - law change re giving away wine (competition prizes, etc.)

The Sale and Supply of Alcohol Act 2012 came into force late last year, bringing into effect significant changes to the rules relating to the promotion of alcohol. 

2 really significant changes:  
Perhaps the most significant is that alcohol can no longer be advertised off the premises in a way which leads people to believe that the price is 25% or more below the price at which alcohol is ordinarily sold.

and

Providing free wine as a competition prize or as part of a loyalty programme is now illegal.

Offers made outside licensed premises for any goods or services, or the opportunity to win a prize, on the condition that alcohol is bought are now also not permitted.  If a business runs a competition where alcohol forms part of the prize, the promotion may not be advertised anywhere people could see or hear it outside of licensed premises. This will include promotions where people subscribe to a newsletter to go into the draw to win a prize, where the competition is a game of skill, and any ‘lucky dip’ competitions. ‘Seen or heard’ from outside licensed premises will include advertising that is conducted via email, print, broadcast, or social media, including Facebook. 


As well as restricting the ability to advertise competitions that include alcohol as a prize, the Sale and Supply of Alcohol Act 2012 prohibits the advertising of promotions where the purchase of alcohol is required in order to enter, or where a certain amount of alcohol is required to be eligible for a reward.


Please read the full details -  For further information please contact Marija Batistich at Kensington Swan  - phone 09 375 1187



 
When such a promotion is used on licensed premises, the advertisement must not be able to be seen or heard from outside those premises.  Discounting offers and commonly used promotions such as two for one deals are therefore now unacceptable in some circumstances.  Advertising alcohol that is free of charge is also now illegal, however the Act does include an exception for complementary sampling on premises holding an off-licence where the sample is consumed on the premises.   

Offers made outside licensed premises for any goods or services, or the opportunity to win a prize, on the condition that alcohol is bought are now also not permitted, however this does not apply to loyalty programmes that provide rewards or discounts, unless those rewards or discounts apply only or primarily to alcohol.  Advice should therefore be sought before using loyalty schemes.  
 
There are additional restrictions that must be taken into account when advertising a competition where the prize involves alcohol, regardless of the entry requirements. If a business runs a competition where alcohol forms part of the prize, the promotion may not be advertised anywhere people could see or hear it outside of licensed premises. This will include promotions where people subscribe to a newsletter to go into the draw to win a prize, where the competition is a game of skill, and any ‘lucky dip’ competitions.

As well as restricting the ability to advertise competitions that include alcohol as a prize, the Sale and Supply of Alcohol Act 2012 prohibits the advertising of promotions where the purchase of alcohol is required in order to enter, or where a certain amount of alcohol is required to be eligible for a reward.

‘Seen or heard’ from outside licensed premises will include advertising that is conducted via email, print, broadcast, or social media, including Facebook. Special care may need to be taken at festivals or shows where only a stall is licensed rather than the venue as a whole, as any such advertising that could be seen or heard from an unlicensed area could be in breach of the Act. 

Finally, advertisements must not promote alcohol in a manner aimed at, or likely to have special appeal to, minors and must not encourage people to consume to an excessive extent.

To read the full article containing detail about these changes, click here.
 
For further information please contact Marija Batistich, Special Counsel, Kensington Swan

DDI +64 9 375 1187
PH +64 9 379 4196
www.kensingtonswan.com

 

 

 
 

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