By Briony Edwards of thePublican.com's team of legal experts from London solicitors Joelson Wilson.
If you are asked to think of an advertisement for any alcoholic drink, the chances are that you will first think of an advert which involves many young, beautiful and lithe bodies enjoying themselves solely as a result of the latest alcoholic tipple.
Not any more. The Broadcasting Committee of Advertising Practice (BCAP) has issued new rules on broadcasting and non-broadcast alcohol advertising. As from October 1, 2005, all advertisements for alcohol need to comply with the BCAP rules.
Publicans, as the public face of the drinks industry, should be aware of the legal parameters which apply to the lawful advertising of alcohol and should therefore avoid adorning their pub with advertisements which:
- show alcohol being handled or served irresponsibly
- show people consuming alcohol and behaving in an adolescent or juvenile manner
- reflect a youth culture - advertisements may no longer include younger people
- hint at a link between alcohol and seduction, sexual activity or sexual success
- encourage excessive drinking or suggest that drinking overcomes problems such as boredom or loneliness
- suggest that alcohol can change moods or enhance confidence, sporting ability or popularity.
The BCAP rules therefore make the future of advertising alcohol look rather dull. Or do they? No doubt the days of the adverts depicting cavorting nubile blondes are gone, but remember those majestic Guinness advertisements. If you can use a snail successfully to sell a beer then the future looks a lot more promising and the result may actually be that the bar (if you'll excuse the pun) is raised again and a whole televisual treat of alcohol advertising awaits.