Gillian Anderson

Industry big hitters including BrewDog, Diageo, Whyte & Mackay and Tennents didn’t mince their words – “Don’t destroy Scotland’s drinks industry” was the blunt message to Holyrood politicians.

The Scottish government’s position is that alcohol advertising increases the attractiveness of consumption among children and young people, and that a comprehensive ban is required because restricting individual channels has a limited impact.

A consultation is canvassing views on a ban on alcohol advertising on television, outdoor billboards, and through sports and event sponsorship. Breweries and distilleries could be barred from selling branded merchandise and even branding on outdoor umbrellas and glasses could be impacted.

Few would argue against measures which improve the health of individuals or a nation, but the Licensing (Scotland) Act 2005 already regulates the retail display of alcohol, irresponsible promotional activity in, and in the vicinity of licensed premises, alcohol pricing, and the display of alcoholic and non-alcoholic products together, and branded products. Surely proper enforcement of these regulations in conjunction with Advertising Standards Authority regulations and associated advertising sector codes is sufficient?

It is proposed a new regulatory body would oversee the advertising of alcohol but is this additional layer of regulation really necessary in an already highly regulated sector? The document proposes prohibiting the branding of non or low alcohol products associated with alcohol brands - and other “brand sharing” merchandise including clothing – but where is the evidence demonstrating this results in health improvements?

Removing the ability of marketers to reach their audience using traditional methods will simply encourage them to find ways to work around the new rules. This is evident in other European countries where bans haven’t been wholly successful because many brands are recognisable without their name being used.

Colours, bottle shapes, straplines and associated characters have been developed by brands to create their brand story and it is almost impossible to successfully eradicate those associated elements from the public mind. Brand sharing and “alibi marketing” – where a brand name or logo is removed and replaced with associated elements – have developed in a response to advertisement restriction.

Traditional forms of advertising have lessened in value to brand owners in recent years and a ban on traditional forms of advertising could be a death knell for that industry, instead further driving traffic to social media, and reinforcing social media as the go-to for advertising alcohol in the UK.

It is highly questionable whether a comprehensive ban on advertising, specifically digital marketing, could be introduced. A complete ban would require geo-blocking software in order to prevent content from being displayed to a Scottish-based audience - is this realistic or achievable?

Young people continue to be disproportionately impacted by Covid-19. Hospitality, tourism and events employ large numbers of young people, in particular, and these proposals would have serious consequences for the employment market in these sectors. The consultation, which ends on 9 March, fails to address this and many other pertinent issues.

Gillian Anderson is a senior associate at Pinsent Masons