Home Office defines 'irresponsible promotions'

Licensees who still want to run drinks promotions are being urged to check with their council or police first that it does not fall foul of the new mandatory code of practice.

The Home Office has finally published the full guidance on the code, as the first stage takes effect today (April 6).

The 18-page guidance sets out what constitutes an "irresponsible" promotion, but later, confusingly, says the government is not banning happy hours, pub crawls or general discounting of alcohol per se. The banned list includes:

- Drinking games - any form of speed drinking game

- Large quantities of alcohol for free or at a fixed or discounted price - such as 'all-you-can-drink for £10'

- Prizes and rewards - 'drink four pints get the fifth free'

- Sporting events - promotions like 'half price drinks when England score a goal'

- Posters and flyers - adverts that 'condone, encourage or glamorise anti-social behaviour or refer to getting drunk in any positive way'

- No alcohol can be dispensed directly into the mouth eg 'the dentist's chair'

However, the Home Office indicates the list is not exhaustive and "substantially similar activities" are also banned.

It says in "most cases" where a venue falls foul of the conditions it would expect there to be a review of the premises licence.

But it reminds licensees that breaching the code is a criminal offence and could mean a fine of up to £20,000 or six months in prison.

Home Office Minister Alan Campbell said: "Alcohol-related crime costs the UK billions of pounds every year and while the vast majority of retailers are responsible, a minority continue to run irresponsible promotions which fuel the excessive drinking that leads to alcohol-related crime and disorder.

"The code will see an end to these promotions and ensure premises check the ID of those who appear to be underage helping to make our towns and city centres safer places for those who just want to enjoy a good night out."

But Jonathan Smith, a managing partner at solicitors Poppleston Allen said the Home Office guidance "has only succeeded in creating more confusion" about what is an irresponsible promotion.

And a spokesman for the British Beer & Pub Association said there were "still concerns" over how the code will be implemented, "with potential issues of differing interpretation regarding irresponsible promotions and age verification schemes".

He added: "We will continue to press the case for clarity and consistency across the country, both to the Home Office, the police and to local councils as they go about implementing these measures."

Under the first stage of the code, pubs must also give free tap water to customers if they ask for it and it is "reasonably available".

The second stage, which takes effect on October 1, will mean all on-trade and off-trade premises must have an "age verification policy" in place. And pubs and bars must also offer a half pint of beer and cider; a 25ml or 35ml spirit measure and a 125ml measure of wine.

The guidance also states that customers must be made aware of these options. However licensees do not have to buy new glassware to offers these measures, the guidance states.

The Home Office has also published a good practice guide to the accompany the guidance.