Restricting alcohol advertising and promotion: consultation

15. Enforcement

15.1 Effective monitoring and enforcement is crucial to ensuring that any alcohol marketing restrictions are complied with, and therefore impactful.

15.2 In other European countries a mix of statutory and non-statutory bodies are involved in monitoring and enforcement. Common sanctions include fines for breaches, as well as revoking alcohol licenses, as well as potential imprisonment in some countries.

15.3 Research considering restrictions in other countries has found that responsibility for monitoring and enforcement should be allocated to bodies alongside resource to do this effectively. Sanctions should also be significant enough to discourage advertisers from breaching the regulation. Countries with minor sanctions have reported continual breaches. Examples have shown that when penalties are raised significantly, it can eliminate intentional breaches of the regulations.

15.4 In Scotland, local Licensing Standards Officers monitor and enforce other alcohol policy interventions, including Minimum Unit Pricing. This system is unlikely to be practicable for the types of restriction covered in this consultation, as marketing campaigns are not often linked to a particular licensed premise in a geographic location.

15.5 One option may be to work with the existing regulatory bodies, if possible, to monitor and enforce requirements in place in Scotland. Another option might be to create new regulatory arrangements or a new regulatory body in Scotland to monitor and enforce marketing restrictions.

15.6 We welcome any initial input on how any Scottish restrictions might be monitored and enforced. Given that this consultation does not set out a detailed package of proposals with definitions and exceptions, enforcement is a matter which will require further thought and development depending on the outcome of this consultation.

Question 35

How do you think that any future alcohol marketing restrictions in Scotland should be monitored and enforced?

Please provide your answer in the text box.