Navigating Scotland's Responsible Alcohol Promotion Laws

For businesses selling alcohol in Scotland, compliance with promotion rules isn't just a best practice—it's a legal imperative that rests squarely on the licence holder. A breach can trigger serious regulatory consequences, including a review that threatens the very licence required to operate.

At the heart of these regulations is Minimum Unit Pricing (MUP). It is illegal to sell alcohol at a price lower than the statutory MUP per unit. This responsibility extends beyond the licence holder to include managers and all staff involved in sales.

The Legal Backdrop

The framework for these rules is primarily established by two key pieces of legislation:

1. The Alcohol (Minimum Pricing) Scotland Act 2012: After a prolonged legal challenge, this law came into effect in May 2018, mandating a floor price for alcohol.

2. The Alcohol etc (Scotland) Act 2010: This act outlines the specific conditions for promotions, defining what constitutes irresponsible pricing and marketing.

As of September 30, 2024, the minimum unit price is 65p per unit, increased from the previous 50p.

What Makes a Promotion "Irresponsible"?

The law clearly identifies several prohibited practices. A promotion is considered irresponsible if it:

• Appeals to minors: Any marketing or product design that primarily targets individuals under 18.

• Links alcohol to other drinks: Offers like "buy one, get one free" or discounted additional drinks are forbidden. When sold together without food, the total price must be the sum of each drink's MUP.

• Encourages excessive consumption: This includes "all-you-can-drink" offers, promotions that incentivise buying larger measures, or any game (like drinking contests) that promotes rapid consumption.

• Uses alcohol as a prize: Alcohol cannot be offered as a reward, unless it is in a sealed container for off-premise consumption.

• Has frequent price changes: Price variations can only occur at the start of licensed hours, with a mandatory 72-hour gap between any changes.

Conducting Responsible Promotions: What is Permitted?

Thankfully, the rules still allow for creative and attractive offers when implemented correctly.

• Meal Deals: Alcohol can be included in a package with food. The key rule is that the price of the main meal must be greater than the MUP of the alcohol. For example, a bottle of wine with an MUP of £6.34 must be part of a meal deal costing more than £6.34.

• General Discounts & Vouchers: Businesses can offer discounts or accept vouchers, provided the final price after the discount does not fall below the MUP. Loyalty points or cash-equivalent vouchers are treated as a form of payment.

• Complimentary Drinks: Drinks given for free—for instance, to apologise for a slow kitchen or a long wait—are permissible and are not subject to MUP.

• Staff Discounts and Damaged Stock: Employees can receive discounts, and damaged stock can be sold at a reduced price, as long as the sale price does not undercut the legal minimum.

The Importance of Compliance

The risks of non-compliance are significant. A breach is a criminal offence that can lead to intervention by a Licensing Standards Officer, who may issue a formal warning, a notice to remedy the breach, or even initiate a review of the premises licence.

Given the complexities, businesses with any uncertainty about their promotional activities should seek professional legal advice to safeguard their operations and ensure they are trading responsibly within the law.