DEADLINE: SEPARATION/VISIBILITY OF ALCOHOL IN SUPERMARKETS AND CONVENIENCE STORES

DEADLINE FOR SECTION 22 OF THE PUBLIC HEALTH (ALCOHOL) ACT 2018

12 NOVEMBER 2020

On the 12 November 2020, all supermarkets, convenience stores and petrol stations will have to have made the necessary arrangements to ensure their shop layout complies with one of the display options set out in Section 22 of the Public Health (Alcohol) Act 2018. The selected option will most likely be dependent on the size and layout of the shop.

What are your display options?
The HSE has provided some guidance, including illustrations, (below) to the retail industry as to the different options available. A retailer may have a closed storage unit at one Point of Sale area and/or one of following 3 options:

1. A single area of the shop separated by a 1.2m high barrier
– A barrier of not less than 1.2m, through which alcohol and advertisements for alcohol are not visible, separates the area from the remainder of the retail area;

– The entrance/exit gate irrespective of any gap beneath the gate must also be not less than 1.2m, through which alcohol and advertisements for alcohol are not visible;

– Alcohol and advertisements for alcohol in the separated area must not be visible up to 1.2m. It is not prohibited for alcohol and advertisements for alcohol to be visible above 1.2m.

Illustration provided by Public Health (Alcohol) Act 2018 (Number 24 of 2018) Guidance for Industry Section 22

2. One or more enclosed, adjacent storage units in which alcohol products are not visible up to 1.5m height

– Each unit shall be a maximum height of 2.2m up to which 1.5m alcohol and advertisements for alcohol must not be visible;

– There is no limit on the number of units, but they must be adjacent to each other;

– The units can be fridges or non-refrigerated or a mixture of both;

– The units can only contain alcohol and advertisements for alcohol i.e. the units cannot contain other retail products;

– The units may indicate that they contain alcohol;

– The units must remain closed when not in use.

Illustration provided by Public Health (Alcohol) Act 2018 (Number 24 of 2018) Guidance for Industry Section 22

3. Up to three adjacent units with a maximum height of 2.2m and each 1m wide

– The units may be open shelves or fridges or a mix of both, with a maximum of 1m each and 2.2m high;

– The units can only contain alcohol and advertisements for alcohol i.e. the units cannot contain other retail products;

– The units may indicate that they contain alcohol.

Illustration provided by Public Health (Alcohol) Act 2018 (Number 24 of 2018) Guidance for Industry Section 22

Any one of the above layout options can be implemented in addition to a storage unit behind the counter at one point of sale: –Alcohol can be stored in a storage unit behind the counter at only one point of sale area;

– Alcohol must not be visible to members of the public when the unit is closed;

– The unit can be of any size so long as it is just one unit;

– The unit can only contain alcohol i.e. the unit cannot contain other retail products;

– The unit cannot contain advertisements for alcohol;

– The unit may indicate that it contains alcohol products;

– The unit cannot be accessible to members of the public;

– The unit must remain closed when not in use;

– Not permitted to have a second storage unit behind/under the counter, even if it is not visible.

What frequently asked questions should I consider?

Question 1: Can alcohol be stored on the ground in the separated alcohol area on pallets etc?

Yes.

Question 2: Are other food items and snacks permitted to be stored in the separated alcohol area?

Yes, but they must also be offered for sale in another area of the premises.

Question 3: If non-alcoholic beverages or zero alcohol branded products are sold within the separated alcohol area, do they then have to be for sale elsewhere in the premises?

Retailers may either:

1. Display non-alcoholic beer etc. within the separated area and elsewhere in the store.

2. Display non-alcoholic beer etc. elsewhere in the store only.

Question 4: Can alcohol related merchandise only be sold in the separated alcohol area?

No, alcohol related merchandise (branded non-alcohol products e.g. stationery, confectionery, key rings) can be sold on the retail floor.

Question 5: Are children allowed entry into the separated alcohol area if out shopping with their parents?

There is nothing contained in the Act that prevents children from entering the separated alcohol area.

Question 6: Where can advertisements of alcohol take place?

Advertisements for alcohol can only be visible as per the restrictions set out for each option.

A Single Area: Advertisements of alcohol should not be visible up to 1.2m. There is no prohibition on advertising of alcohol being visible above 1.2m in the separated area.
One or more enclosed, adjacent storage units not visible up to 1.5m: Advertisements of alcohol should not be visible up to 1.5m.
Up to three adjacent units which are open: Advertisement of alcohol can be visible within the unit.
Behind the Counter: Prohibition on any advertising of alcohol being visible.

Question 7: Can you make an announcement promoting/ advertising alcohol for sale?

Any announcement over the shop intercom advertising or promoting the sale of alcohol are not permitted on the retail floor e.g. 6 bottles for the price of 5 is a prohibited advertisement.

Question 8: Do these provisions apply to stand alone off licences?

The requirements of Section 22 do not apply to stand alone off-licences which wholly or mainly sell alcohol.

Question 9: Who will monitor compliance with the separation and visibility of alcohol?

Environment Health Officers of the HSE will be responsible for monitoring compliance and enforcing this legislation.

Question 10: What are the penalties for breaching these provisions?

A breach of these provisions constitutes an offence and is punishable on conviction to a fine of up to €250,000 and/or imprisonment of up to 3 years. The HSE are also permitted to keep an ‘alcohol non-compliance’ list of the persons on who have been found guilty of an offence. It may be a defence under the Act for those facing prosecution to claim that they have made ‘reasonable efforts’ to comply with the provisions of the Act.

For more information and updates in relation to the implementation and enforcement of Section 22, keep an eye on our page.

This document is intended to provide a general overview and guidance on a particular topic. It is provided wholly without any liability or responsibility on the part of Compton Solicitors and does not replace the necessity to obtain specific legal advice.

Please contact Lorraine Compton or Fiona Tonge for more information: –

Lorraine Compton on 086 – 253 4651 or lorraine.compton@comptonsolicitors.ie

Fiona Tonge on 089 – 471 4128 or fiona.tonge@comptonsolicitors.ie

We Can Help You To Better Understand What Business You Can Carry Out During The Covid 19 Emergency Period:

Liquor Licensing is a complex and multi faceted process.

We pride ourselves on providing a simple, non technical road map with a speedy timeline for completion of the project. Along the way, we will liaise directly with architects and accountants to leave you free to concentrate on your business.