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Liquor Advertising and Promotion Bill [H.L]
 
 

 
 
A

B I L L

TO

Control the advertising and promotion of liquor products; and for connected purposes.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
 

Meaning of "liquor advertisement" and "liquor product".     1. In this Act-
 
 
    "liquor advertisement" means an advertisement-
 
      (a) whose purpose is to promote a liquor product, or
 
      (b) whose effect is to do so,
 
    "liquor" means spirits, wine, beer, cider, perry and any other fermented, distilled or spirituous liquor, and
 
    "liquor product" means a product consisting wholly or partly of liquor intended to be drunk.
Prohibition of liquor advertising.     2. - (1) A person who in the course of a business publishes a liquor advertisement, or causes one to be published, in the United Kingdom is guilty of an offence.
 
      (2) A person who in the course of a business prints, devises or distributes in the United Kingdom a liquor advertisement which is published in the United Kingdom, or causes such a liquor advertisement to be so printed, devised or distributed, is guilty of an offence.
 
      (3) Distributing a liquor advertisement includes transmitting it in electronic form, participating in doing so, and providing the means of transmission.
 
      (4) It is not an offence under subsection (1) for a person who does not carry on business in the United Kingdom to publish or cause to be published a liquor advertisement by means of a website which is accessed in the United Kingdom; and, in that case, devising the advertisement or causing it to be devised is not an offence under subsection (2).
 
Advertising: newspapers, periodicals etc.     3. If a newspaper, periodical or other publication ("the publication") containing a liquor advertisement is in the course of a business published in the United Kingdom-
 
 
    (a) any proprietor or editor of the publication is guilty of an offence,
 
    (b) any person who (directly or indirectly) procured the inclusion of the advertisement in the publication is guilty of an offence, and
 
    (c) any person who sells the publication, or offers it for sale, or otherwise makes it available to the public, is guilty of an offence.
Advertising: exclusions.     4. - (1) No offence is committed under section 2 or 3 in relation to a liquor advertisement-
 
 
    (a) if it is displayed, or is contained, in a communication within the premises licensed (other than on an occasional basis) under any enactment for the sale of liquor and not reasonably visible from the outside of those premises, or as the case may be, not capable of being communicated outside those premises,
 
    (b) if it is, or is contained in, a communication made for the purposes of the liquor trade and directed solely at persons engaged in any capacity in that trade (even if they are also engaged in another trade),
 
    (c) if it is, or is contained in, the communication made in reply to a particular request by an individual for information about a liquor product,
 
    (d) if it is contained in a publication (other than an in-flight magazine) whose principal market is not the United Kingdom (or any part of it), or if it is contained in any internet version of such a publication, or
 
    (e) if it is contained in an in-flight magazine provided on board an aircraft by an airline which is not a United Kingdom airline.
      (2) The appropriate Minister may provide in regulations that no offence is committed under section 2 in relation to a liquor advertisement which-
 
 
    (a) is on a website where liquor products are offered for sale, and
 
    (b) complies with requirements specified in the regulations.
      (3) In subsection (1)(e), "United Kingdom airline" means an undertaking falling within section 4(2) of the Civil Aviation Act 1982, other than one appearing to the Civil Aviation Authority to have its principal place of business in the Channel Islands or the Isle of Man.
 
Advertising: defences.     5. - (1) It is a defence for a person charged with an offence under section 2 or section 3(a) or (b), in connection with an advertisement whose purpose is to promote a liquor product, to prove that he did not know, and had no reason to suspect, that the purpose of the advertisement was to promote a liquor product.
 
      (2) It is a defence for a person charged with such an offence in connection with an advertisement whose effect is to promote a liquor product to prove that he could not reasonably have foreseen that that would be the effect of the advertisement.
 
      (3) It is a defence for a person charged with an offence under section 2(2) or 3(a) or (b) to prove that he did not know, and had no reason to suspect, that the liquor advertisement would be published in the United Kingdom.
 
      (4) It is a defence for a person charged with an offence under section 2(2) of distributing or causing the distribution of a liquor advertisement, otherwise than as mentioned in section 2(3), to prove that he did not know, and had no reason to suspect, that what he distributed or caused to be distributed was, or contained, a liquor advertisement.
 
      (5) In relation to a liquor advertisement which is published or caused to be published by electronic means by an internet service provider, it is a defence for him, if charged with an offence under section 2(1), to prove that he was unaware that what he published or caused to be published was, or contained, a liquor advertisement.
 
      (6) In relation to a liquor advertisement which is distributed as mentioned in section 2(3), it is a defence for a person charged with an offence under section 2(2) of distributing it or causing its distribution to prove-
 
 
    (a) that he was unaware that what he distributed or caused to be distributed was, or contained, a liquor advertisement,
 
    (b) that, having become aware of it, he was not able to prevent its further distribution, or
 
    (c) that he did not carry on business in the United Kingdom at the relevant time.
      (7) It is a defence for a person charged with an offence under section 3(c) to prove that he did not know, and had no reason to suspect, that the publication contained a liquor advertisement.
 
Developments in technology.     6. The Secretary of State may by order amend any provision of this Act if he considers it appropriate to do so in consequence of any developments in technology relating to publishing or distributing by electronic means.
 
 
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