Law Society warns alcohol advertising ban could catch drinks-branded clothing

In its response to the Alcohol Bill, it warned MSPs that the law could have the unintended effect of catching such people.

The bill, brought forward by Labour’s Dr Richard Simpson MSP would see limits on alcohol sponsorship and advertising.

Among its proposals are a ban on fixed advertising, including window displays and billboards within 200 metres of schools as well as nurseries and children’s play areas.

Drinks advertising at events aimed at under-18s would also be brought to an end.

Holyrood’s Health Committee found in a survey that 83 per cent of the 543 who responded would like a ban on alcohol sponsorship at events aimed at young people while 78 per cent wanted advertising of alcohol banned in the vicinity of schools.

The Law Society said in its written submission it supported the stated aims of the bill to reduce offending and promote public health but, as regards the section on advertising near schools, said: “In terms of section 6 (3) of the Bill, ‘advertisement’ means any word, letter, image, mark, light, model, placard, board, notice, screen, awning, blind, flag, device, representation container or package in the nature of, and employed wholly or partly for the purpose of, advertisement or promotion and ‘alcohol advertisement’ means an advertisement promoting alcohol.

“Given this wide definition it would appear in our view that an offence would be committed e.g. where a poster referring to a sporting event sponsored by a drinks company was displayed within the window of a private dwelling house in a restricted area or if a parent or guardian wears a football or rugby jersey with an alcohol sponsor when collecting children from school.

“This provision accordingly runs the risk of not just affecting persons with an interest in advertising but also, unknowingly, members of the public.”