19.—(1) After Article 57 of the Licensing Order insert—
57ZA.—(1) In the case of licensed premises of a kind mentioned in Article 5(1)(b) (other than premises the whole of which may be used for the sale of intoxicating liquor), the holder of the licence, personally or by a servant or agent, or such a servant or agent, must not carry on an off-sales drinks promotion relating to those licensed premises on any part of the premises of which the licensed premises form part other than a part in which intoxicating liquor is made available for purchase.
(2) In the case of licensed premises of a kind mentioned in Article 5(1)(b), the holder of the licence, personally or by a servant or agent, or such a servant or agent, must not carry on an off-sales drinks promotion relating to those licensed premises—
(a)anywhere in the vicinity of the premises of which the licensed premises form the whole or part, or
(b)anywhere in the vicinity of any other premises of which licensed premises of a kind mentioned in Article 5(1)(b) form the whole or part.
(3) In paragraph (2), the reference to the vicinity of premises is to the area that extends 200 metres from the boundary of the premises.
(4) Regulations may modify paragraph (3) so as to substitute a different distance for the distance for the time being specified there.
(5) A person acting in contravention of paragraph (1) or (2) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6) In this Article, “off-sales drinks promotion”, in relation to licensed premises, means an activity which promotes, or seeks to promote, in relation to those premises specifically the purchase on the premises of intoxicating liquor for consumption off the premises.
(7) A reference in this Article to carrying on an off-sales drinks promotion in relation to licensed premises—
(a)includes a reference to displaying or making available a publication which relates wholly or mainly to promoting the purchase on those premises of intoxicating liquor for consumption off the premises;
(b)does not include a reference to carrying on an activity which promotes, or seeks to promote, the purchase of intoxicating liquor as part of a combination of products designed to constitute a meal;
(c)does not include a reference to the provision of a scheme of the kind referred to in Article 57ZB.
(8) Regulations may not be made under paragraph (4) unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.”.
(2) In Part 1 of Schedule 10A to the Licensing Order (penalty points for offences punishable with level 3 fine), at the appropriate place insert—
| “57ZA(5) | Breaching restrictions on drinks promotions | 3-4” |
Commencement Information
I1S. 19 not in operation at Royal Assent, see s. 47(2)
I2S. 19 in operation at 1.10.2022 by S.R. 2022/180, arts. 1(2), 2, Sch.