Public Health (Alcohol) Act 2018
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Separation and visibility of alcohol products and advertisements for alcohol products in specified licensed premises | ||
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22. (1) Subject to subsection (3) and the European Communities (Requirements to Indicate Product Prices) Regulations 2002 ( S.I. No. 639 of 2002 ), the holder of an off-licence shall ensure that, not later than 2 years after the commencement of this subsection— | ||
(a) advertisements for alcohol products and the exposure for sale of alcohol products are exclusively confined to— | ||
(i) a single area in the premises to which the off-licence is attached— | ||
(I) which is separated from the remainder of the premises by means of a physical barrier which has a minimum height of not less than 1.2 metres and through which alcohol products and advertisements for alcohol products are not visible, | ||
(II) to which members of the public do not have to pass through in order to gain access to, or make a purchase of, products other than alcohol products, and | ||
(III) in which the only products exposed for sale are alcohol products and related products, and where a related product is exposed for sale, that product is also exposed for sale elsewhere in the premises concerned, | ||
or | ||
(ii) one point of sale area in the premises to which the off-licence is attached which shall contain a storage unit— | ||
(I) that may indicate it contains alcohol products, | ||
(II) that shall not be accessible to members of the public, | ||
(III) that shall not contain advertisements for alcohol products, and | ||
(IV) from which alcohol products shall not be visible to members of the public when closed, and which shall remain closed when not in use, | ||
or to both, | ||
(b) advertisements for alcohol products and the exposure for sale of alcohol products are exclusively confined to— | ||
(i) one or more enclosed storage units (which shall be adjacent to each other) in the premises to which the off-licence is attached— | ||
(I) that may indicate it or they contain alcohol products, | ||
(II) that shall not contain anything other than alcohol products and advertisements for alcohol products, | ||
(III) the maximum height of each of which shall be 2.2 metres and each of which shall, to a height of not less than 1.5 metres from the lowest point of the unit, be made of a material through which alcohol products and advertisements for alcohol products are not visible when the unit concerned is closed, and | ||
(IV) which, when not in use, shall remain closed, | ||
or | ||
(ii) one point of sale area in the premises to which the off-licence is attached which shall contain a storage unit— | ||
(I) that may indicate it contains alcohol products, | ||
(II) that shall not be accessible to members of the public, | ||
(III) that shall not contain advertisements for alcohol products, and | ||
(IV) from which alcohol products shall not be visible to members of the public when closed, and which shall remain closed when not in use, | ||
or to both, | ||
or | ||
(c) advertisements for alcohol products and the exposure for sale of alcohol products are exclusively confined to— | ||
(i) not more than 3 storage units (which shall be adjacent to each other) in the premises to which the off-licence is attached— | ||
(I) that may indicate that it or they contain alcohol products, | ||
(II) that shall not contain anything other than alcohol products and advertisements for alcohol products, | ||
(III) the maximum width of each of which shall not exceed 1 metre and the maximum height of each of which shall not exceed 2. 2 metres, | ||
or | ||
(ii) one point of sale area in the premises to which the off-licence is attached which shall contain a storage unit— | ||
(I) that may indicate it contains alcohol products, | ||
(II) that shall not be accessible to members of the public, | ||
(III) that shall not contain advertisements for alcohol products, and | ||
(IV) from which alcohol products shall not be visible to members of the public when closed, and which shall remain closed when not in use, | ||
or to both. | ||
(2) Nothing in subsection (1) shall be construed as prohibiting the exposure for sale of alcohol related merchandise in any area of the premises to which the off-licence concerned is attached. | ||
(3) Subsection (1) shall not apply to— | ||
(a) a premises to which an off-licence is attached in relation to which sales comprise wholly or mainly alcohol products, or | ||
(b) a premises licensed under Part IV of the Act of 1943. | ||
(4) A person who contravenes subsection (1) shall be guilty of an offence. | ||
(5) Subject to subsection (6) and the European Communities (Requirements to Indicate Product Prices) Regulations 2002 ( S.I. No. 639 of 2002 ), the holder of a licence under Part IV of the Act of 1943 shall ensure that, not later than 2 years after the commencement of this subsection— | ||
(a) subject to subsection (6), alcohol products for sale for consumption off the premises shall not be displayed in a storage unit containing products other than alcohol products, | ||
(b) a storage unit containing alcohol products for sale for consumption off the premises shall not adjoin a storage unit containing products other than alcohol products, and | ||
(c) an advertisement for an alcohol product shall not be displayed except in, on, or adjacent to, a storage unit where alcohol products are contained. | ||
(6) Notwithstanding subsection (5)(a) a product other than an alcohol product may, if it is packaged with an alcohol product, be displayed in a storage unit containing alcohol products by the holder of a licence under Part IV of the Act of 1943. | ||
(7) A person who contravenes subsection (5) shall be guilty of an offence. | ||
(8) In this section “Act of 1943” means the Intoxicating Liquor Act 1943 . |