Democracy Spraffa

Item 6 - Consultation on Restricting Alcohol Advertising and Promotion

West Dunbartonshire Council · 10 January 2023
Back to Licensing Board — 10 January 2023 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

WEST DUNBARTONSHIRE LICENSING BOARD 
Report by the Clerk to the Licensing Board 
10 January 2023 
Subject: Consultation on Restricting Alcohol Advertising and Promotion 
1 Purpose 
1.1 To inform the Licensing Board (“the Board”) about a Scottish government
consultation that partly relates to alcohol licensing and to ask the Board to
approve a response. 
2 Recommendations 
2.1  It is recommended that the Board:- 
(a) notes the terms of the Scottish government consultation; and 
(b) approves the attached response. 
3 Background 
3.1 In November 2022, the Scottish government published a consultation
document entitled: “Consultation on Restricting Alcohol Advertising and
Promotion” (“the Consultation Document”). The closing date for responses is
7 March 2023. 
3.2 The Consultation Document refers to Scotland’s “deep, longstanding and
troubled relationship with alcohol” and notes that “[a]lcohol-related harm is
one of the most pressing public health challenges that we face in Scotland”.
The stated aim of the proposal is to consider options around restricting
alcohol marketing to protect children and young people, heavy drinkers, and
those in recovery. 
3.3 The Consultation Document seeks views on various matters, some of which
are outwith the remit and/or knowledge of the Licensing Board. There are,
however, a number of questions within the consultation that deal with matters
relevant to the Licensing Board and its powers under the Licensing
(Scotland) Act 2005 (“the Act”). These areas are as follows: 
o outdoor and public spaces marketing; 
o in-store alcohol marketing; and 
o enforcement.

Page 2

3.4 It is recognised that the proposals in the Consultation Document are at an
early stage. Further detail will be required from the Scottish government
regarding how the restrictions will operate in practice and, in particular, how
restrictions and prohibitions around alcohol marketing will affect existing
licence holders. Any further consultations documents or government
responses will be brought to the attention of the Licensing Board. 
3.5 A draft response is contained in the Appendix to this report. Most of the
answers are self-explanatory. Some additional explanation is set out below. 
4 Main Issues 
4.1 The Consultation Document covers a wide range of matters relating to the
advertising of alcohol. As noted at paragraph 3.3 of this report, not all matters
raised are relevant to the Licensing Board. It is suggested that the Board has
regard to the questions that relate to outdoor and public space marketing, in-
store alcohol marketing, and enforcement. 
Outdoor and public spaces marketing 
4.2 A prohibition on alcohol marketing outdoors and in public spaces may impact
the exterior look and feel of licensed premises. Depending on the nature of
the restrictions, premises may have to change how they present themselves
to the public. 
4.3 Such a prohibition may impact the management of outdoor areas that the
Board licences for the sale and consumption of alcohol. It is unclear at this
stage how such areas will be viewed, given that the public may be able to
view them from the footway or, indeed, at times they form part of the public
highway (subject to consent being given by the Roads Authority). 
In-store alcohol marketing 
4.4 The Act currently requires that the area utilised by a licensed premises for the
sale of alcohol be agreed by them and the Board. In practice, the Board has
little discretion in this matter as the location can be amended by way of a
minor variation application. This type of application is subject to a “must
grant” provision, i.e. the Board cannot refuse this type of application. The
proposal at the moment would suggest that the Scottish government is
considering legislating so that alcohol can only be displayed in certain parts
of the premises. Such a change would require the Board to play a role in
determining whether a proposal from an applicant is suitable. The draft
response highlights the need for clarity in relation to existing operators. 
Enforcement 
4.5 The Consultation Document helpfully recognises that asking Licensing
Standards Officers to take compliance action in relation to any new
restrictions would be impractical. It is noted that the creation of a new
regulatory body to monitor and enforce marketing restrictions will be

Page 3

considered. Whether the Board will have a role in enforcing any new
restrictions will depend on how the Scottish government implements any
restrictions. If the restrictions are implemented by way of conditions, then the
Board will have a role to play as it does with minimum unit pricing and
irresponsible promotions. 
5 Options Appraisal 
5.1 No option appraisal was required for this report. 
6 People Implications 
6.1 There are no personnel issues at this stage. 
7 Financial and Procurement Implications 
7.1 There are no financial and procurement issues. 
8 Equalities Impact Assessment (EIA) 
8.1 There are no equalities impacts through considering and noting this report
and approving the response to the consultation. 
9 Consultation 
9.1 This report will be submitted to Members of the Licensing Forum for
information. 
10 Strategic Assessment 
10.1 Liquor licensing plays a key role to make sure our communities are resilient
and thriving. It is also closely related to the Council’s other strategic priority of
making sure our economy is strong and flourishing. West Dunbartonshire
Licensing Board will closely monitor the consultation responses and the
governmental process thereafter. Any measures that improve the
effectiveness of liquor licensing and address the concerns of persons within
the alcohol licensing regime are to be welcomed. It remains to be seen what
proposals will be adopted as law. 
Alan Douglas
Clerk to the Licensing Board
19 December 2022 
Person to Contact: Michael McDougall, Depute Clerk to the Licensing Board,
Regulatory and Regeneration, West Dunbartonshire
Council, Municipal Buildings, Dumbarton G82 1NR 
e-mail: michael.mcdougall@west-dunbarton.gov.uk 
Appendices:  Draft response to consultation

Page 4

Background Papers: Consultation on Restricting Alcohol Advertising and
Promotion 
Wards Affected: All