Although this unusual type of activity appears to occur away from licensed premises, you should be aware of the extent and influence of campaigns published on websites such as Facebook, Twitter or YouTube.
Where possible, any online promotion, marketing or comment that relates to your premises should always be monitored and controlled because there are often potential implications concerning the mandatory conditions or the promotion of the licensing objectives.
The world of online marketing clearly presents many opportunities and successful promotions can provide any venue with a competitive edge. However, there can often be a fine line between what could be considered risqué and that which is perceived to encourage excessive behaviour. We have witnessed police and licensing authorities introduce screenshots from social media sites as evidence in review proceedings and the effective management of your online presence is vital for a responsible operator.
We are often asked to comment on whether a particular promotion could be considered irresponsible and have provided a few points below, which should be considered when devising promotions and using online marketing tools:
- Changes to the mandatory conditions relating to irresponsible promotions have made assessment of individual promotions somewhat subjective and the purpose of the promotion should be considered along with the potential outcome and any associated risk. While happy hours are not prohibited, whether or not a particular promotion encourages excessive alcohol consumption will be a question of fact and the operation at the premises in question should be assessed
- Underage drinkers should not be targeted by promotions, even unintentionally and the use of images or cartoons that may appeal to those under age should be avoided
- Excessive drinking should not be encouraged and promotions should not refer to the effects of intoxication in a favourable manner
- Any reference that may suggest excessive alcohol consumption has a positive effect on attractiveness or popularity should be avoided along with any association with antisocial behaviour or other illegal activities
- Promotions should not require the participation in games that incentivise excessive alcohol consumption within a short period of time or be linked to unpredictable events such as ‘free drinks following every goal’
- External promoters should be closely monitored to ensure any published material cannot be considered to be irresponsible
- Regularly check your social media pages for inappropriate postings or photographs such as those showing drunken behaviour, and remove any offending posts
- Carry out regular internet searches of your premises to see what others may be posting. This could highlight controversial comments or make you aware of images that could breach your premises licence conditions, such as serving alcohol outside of permitted hours.
If in doubt, contact your local police licensing officer or member of the licensing authority. While they may not be able to check every promotion, they may review your promotional material. This would also evidence your willingness to work in partnership with the authorities.
While one person’s potential irresponsible promotion may be another’s innovative use of technology, by assessing your premises operation, your target market and considering the general opinion held
about your venue and any potential risks, effective marketing strategies can be developed.