Liquor Advertising and Promotion Bill [H.L] - continued        House of Lords

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Prohibition of free distributions.     7. - (1) A person is guilty of an offence if in the course of a business he-
 
 
    (a) gives any product or coupon away to the public in the United Kingdom, or
 
    (b) causes or permits that to happen,
  and the purpose or effect of giving the product or coupon away is to promote a liquor product.
 
      (2) It does not matter whether the product or coupon accompanies something else, or is given away separately.
 
      (3) It is not an offence under subsection (1) to give away a product or coupon, for the purposes of the liquor trade, to persons engaged in any capacity in that trade (even if they are also engaged in another trade).
 
      (4) It is a defence for a person charged with an offence under this section to prove-
 
 
    (a) if it is alleged that the purpose of giving the product or coupon away was to promote a liquor product, that he did not know and had no reason to suspect that that was its purpose, or
 
    (b) if it is alleged that the effect of giving the product or coupon away was to promote a liquor product, that he could not reasonably have foreseen that that would be its effect.
      (5) "Coupon" means a document or other thing which (whether by itself or not) can be redeemed for a product or service or for cash or any other benefit.
 
      (6) The Secretary of State may make regulations providing for this section to apply to making products or coupons available for a nominal sum or at a substantial discount as it applies to giving them away.
 
      (7) If regulations under subsection (6) provide for this section to apply to making products or coupons available at a substantial discount, the regulations must provide for the meaning of "substantial discount".
 
      (8) The regulations may provide that this section is to apply in that case with such modifications (if any) specified in the regulations as the Secretary of State considers appropriate.
 
Prohibition of sponsorship.     8. - (1) A person who is party to a sponsorship agreement is guilty of an offence if the purpose or effect of anything done as a result of the agreement is to promote a liquor product in the United Kingdom.
 
      (2) A sponsorship agreement is an agreement under which, in the course of a business, a party to it makes a contribution towards something, whether the contribution is in money or takes any other form (for example, the provision of services or of contributions in kind).
 
      (3) It is a defence for a person charged with an offence under this section to prove-
 
 
    (a) if it is alleged that the purpose of what was done as a result of the agreement was to promote a liquor product in the United Kingdom, that he did not know, and had no reason to suspect, that that was its purpose, or
 
    (b) if it is alleged that the effect of what was done as a result of the agreement was to promote a liquor product in the United Kingdom, that he could not reasonably have foreseen that that would be its effect.
      (4) It is a defence for a person charged with an offence under this section to prove that he did not know and had no reason to suspect that the contribution referred to in subsection (2) was made in the course of a business.
 
Brandsharing.     9. - (1) The Secretary of State may by regulations make provision prohibiting or restricting, in such circumstances and subject to such exceptions as may be specified in the regulations, the use-
 
 
    (a) in connection with any service of product (other than a liquor product), of any name, emblem or other feature of a description specified in the regulations which is the same as, or similar to, a name, emblem or other feature so specified which is connected with a liquor product, or
 
    (b) in connection with any liquor product, of any name, emblem or other feature of a description specified in the regulations which is the same as, or similar to, a name, emblem or other feature so specified which is connected with any service or product other than a liquor product.
      (2) Provision made by virtue of subsection (1) may prohibit or restrict only that use whose purpose is to promote a liquor product, or whose effect is to do so.
 
      (3) If regulations under this section provide for a prohibition or restriction to be subject to an exception, the regulations may also make such provision as the Secretary of State considers appropriate for a corresponding exception to have effect for the purposes of offences under section 2, 3, 7, or 8.
 
      (4) A person who contravenes a prohibtion or restriction contained in regulations made under this section is guilty of an offence.
 
Television and radio broadcasting.     10. - (1) In this section "the 1990 Act" means the Broadcasting Act 1990 and "the 1996 Act" means the Broadcasting Act 1996.
 
      (2) This Act does not apply in relation to anything included in a service to which any of subsections (3) to (6) apply.
 
      (3) This subsection applies to a service which-
 
 
    (a) falls within section 2(1) of the 1990 Act (television services, etc. regulated under Part I of the 1990 Act or Part I of the 1996 Act), and
 
    (b) is not an additional service within the meaning of section 48(1) of the 1990 Act other than a teletext service.
      (4) This subsection applies to a local delivery service within the meaning of section 72 of the 1990 Act.
 
      (5) This subsection applies to a service falling within section 84 of the 1990 Act (independent radio services regulated under Part III of the 1990 Act or Part II of the 1996 Act) other than a digital additional service within the meaning of section 63(1) of the 1996 Act.
 
      (6) This subsection applies to a service provided by the British Broadcasting Corporation or Sianel Pedwar Cymru (the Welsh Authority referred to in section 56 of the 1990 Act).
 
Enforcement.     11. - (1) For the purposes of this Act "enforcement authority" means-
 
 
    (a) in England and Wales, a weights and measures authority;
 
    (b) in Scotland, a local weights and measures authority; and
 
    (c) in Northern Ireland, a district council.
      (2) It is the duty of an enforcement authority to enforce within its area the provisions of this Act and regulations made under it.
 
      (3) The appropriate Minister may direct, in relation to cases of a particular description or a particular case, that any duty imposed on an enforcement authority in England and Wales or Scotland by subsection (2) shall be discharged by the appropriate Minister and not by the enforcement authority.
 
      (4) The Department of Health, Social Services and Public Safety may direct, in relation to cases of a particular description or a particular case, that any duty imposed on an enforcement authority in Northern Ireland by subsection (2) shall be discharged by the Department and not by the enforcement authority.
 
      (5) The Secretary of State may take over the conduct of any proceedings instituted in England and Wales by another person under any provision of this Act or regulations made under it.
 
      (6) The Department of Health, Social Services and Public Safety may take over the conduct of any proceedings instituted in Northern Ireland by another person under any provision of this Act or regulations made under it.
 
      (7) For the purposes of the trying of offences under this Act or regulations made under it-
 
 
    (a) any such offence committed in England or Wales may be treated as having been committed in any place in England or Wales, so that any magistrates' court in England or Wales has jurisdiction to try the offence; and
 
    (b) any such offence committed in Northern Ireland may be treated as having been committed in any place in Northern Ireland, so that any magistrates' court in Northern Ireland has jurisdiction to hear and determine a complaint charging the offence.
Powers of entry, etc.     12. - (1) A duly authorised officer of an enforcement authority has the right, on producing, if so required, his written authority-
 
 
    (a) at any reasonable hour to enter any premises, other than premises used only as a private dwelling house, which he considers it is necessary for him to enter for the purpose of the proper exercise of his functions under this Act;
 
    (b) to carry out on those premises such inspections and examinations as he considers necessary for that purpose;
 
    (c) to require the production of any book, document, data, record (in whatever form it is held) or product and inspect it, take copies of or extracts from it, or take possession of it and retain it for as long as he considers necessary for that purpose;
 
    (d) to require any person to give him such information, or afford him such facilities and assistance, as he considers necessary for that purpose.
      (2) A duly authorised officer of an enforcement authority may make such purchases and secure the provision of such services as he considers necessary for the purpose of the proper exercise of his functions under this Act.
 
      (3) A person is not obliged by subsection (1) to answer any question or produce any document which he would be entitled to refuse to answer or to produce-
 
 
    (a) in or for the purposes of proceedings in a court in England and Wales, where the question is asked or the document is required by a duly authorised officer of an enforcement authority in England and Wales;
 
    (b) in or for the purposes of proceedings in a court in Northern Ireland, where the question is asked or the document is required by a duly authorised officer of an enforcement authority in Northern Ireland;
 
    (c) in or for the purposes of proceedings in a court in Scotland, where the question is asked or the document is required by a duly authorised officer of an enforcement authority in Scotland.
      (4) If a justice of the peace is satisfied by any written information on oath that for the purpose of the proper exercise of the functions of an enforcement authority under this Act there are reasonable grounds for entry into any premises, other than premises used only as a private dwelling house, and-
 
 
    (a) that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this subsection has been given to the occupier; or
 
    (b) that an application for admission, or the giving of such notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,
  the justice may by warrant signed by him, which shall continue in force until the end of the period of one month beginning with the date on which he signs it, authorise any duly authorised officer of an enforcement authority to enter the premises, if need be by force.
 
      (5) A duly authorised officer entering any premises by virtue of subsection (1) or of a warrant under subsection (4) may take with him when he enters those premises such other persons and such equipment as he considers necessary.
 
      (6) On leaving any premises which a duly authorised officer is authorised to enter by a warrant under subsection (4), that officer shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as he found them.
 
      (7) Where by virtue of subsection (1)(c) a duly authorised officer takes possession of any item, he shall leave on the premises from which the item was removed a statement giving particulars of what he has taken and stating that he has taken possession of it.
 
      (8) In the application of this section to Northern Ireland, the reference in subsection (4) to any information on oath shall be construed as a reference to any complaint on oath.
 
      (9) In the application of this section to Scotland, the reference in subsection (4) to a justice of the peace shall be construed as a reference to a sheriff.
 
      (10) Where a direction of the appropriate Minister has effect under section 11(3), this section and section 13 have effect, in relation to any case or case of a description specified in the direction, as if references to a duly authorised officer of an enforcement authority were references to a person acting on behalf of the appropriate Minister.
 
      (11) Where a direction of the Department of Health, Social Services and Public Safety has effect under section 11(4), this section and section 13 have effect, in relation to any case or case of a description specified in the direction, as if references to a duly authorised officer of an enforcement authority were references to a person acting on behalf of the Department.
 
      (12) Where-
 
 
    (a) the Secretary of State takes over any proceedings by virtue of section 11(5), or
 
    (b) the Department of Health, Social Services and Public Safety take over the conduct of any proceedings by virtue of section 11(6),
  this section and section 13 have effect, in relation to any case which is the subject of such proceedings, as if references to a duly authorised officer of an enforcement authority were references to a person acting on behalf of the Secretary of State or (as the case may be) the Department.
 
Obstruction, etc. of officers.     13. - (1) A person who-
 
 
    (a) intentionally obstructs a duly authorised officer of an enforcement authority who is acting in the proper exercise of his functions under this Act; or
 
    (b) without reasonable cause fails to comply with any requirement made of him by such an officer who is so acting,
  is guilty of an offence.
 
      (2) A person who, in giving any information which is properly required of him by a duly authorised officer of an enforcement authority, makes a statement which is false in a material particular is guilty of an offence.
 
      (3) It is a defence for a person charged with an offence under subsection (2) to prove-
 
 
    (a) that he did not know the material particular was false; and
 
    (b) that he had reasonable grounds to believe that it was true.
 
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