Drink promotions are not automatically illegal in a UK pub. The problem is the way a promotion is designed and the risk that it encourages rapid or excessive drinking, crime and disorder, public nuisance or harm to children.
The old article treated several examples as blanket bans. The better rule is to assess the promotion against the mandatory conditions and the licensing objectives before advertising it.
[image idea: a chalkboard showing a food-and-soft-drink offer beside a clearly priced, moderate drinks promotion]
What the mandatory conditions target
The current section 182 guidance explains that irresponsible promotions include activities that require or encourage people to drink a quantity of alcohol within a time limit, or as much as possible. It can also include unlimited or unspecified quantities for a fixed or discounted price where there is a significant risk to the licensing objectives.
Examples that should set alarm bells ringing include speed-drinking competitions, “all you can drink” offers and advertising that glamorises drunkenness. Free or discounted alcohol as a prize can also be caught where it creates a significant risk.
Is happy hour legal?
A normal, clearly priced discount is not automatically unlawful. A happy hour should still be checked for timing, quantity, audience, staffing, local incident history and whether it encourages customers to drink quickly. The guidance specifically says the rules do not necessarily prohibit happy hours that are not designed to encourage excessive or rapid drinking.
Bottomless events need active management
“Bottomless” is not a legal safe word. If you run a fixed-price food-and-drink event, set a time limit, serve substantial food, monitor consumption, refuse alcohol where necessary and do not market it around getting drunk. Consider whether the event fits your licence, age-verification policy and staffing levels.
A promotion checklist for licensees
- What behaviour could the offer encourage?
- Could a customer realistically consume far more, far faster?
- Are the quantities, prices and time limits clear?
- Do staff know when to slow or refuse service?
- Are food, water and alcohol-free options available?
- Have you recorded the risk assessment and the briefing?
Remember the other mandatory conditions too: free potable water, age verification, small measures and the ban on selling alcohol below the permitted price. The planned Tools section will eventually include practical margin and pricing helpers, but a calculator cannot replace a licensing decision.
Bottom line
Make the offer attractive because it gives customers value, not because it pushes them towards intoxication. When in doubt, speak to the local licensing authority or a specialist adviser before launch.
Sources and further reading
- GOV.UK: revised section 182 guidance
- GOV.UK: alcohol licensing and mandatory conditions
- Licensing Act 2003 mandatory conditions