PUBS, bars and restaurants will have greater freedom to offer drinks promotions ranging from happy hours to meal deals after a landmark decision by the Licensing Assembly to remove decades-old “nanny state” restrictions for hospitality venues.
In a ruling described by the co-chair of the Jersey Hospitality Association as “a massive win for the on-trade”, the licensing bench supported an application by Attorney General Mark Temple for simplified guidance regarding drinks promotions.
Licensed premises will no longer be advised against having discounted prices for certain days/times of the week, or for members of loyalty schemes.
Including drinks as part of an entry fee to venues, or as part of a “meal deal”, will also be given the green-light.
In a representation to yesterday’s meeting of the Licensing Assembly, chaired by the Bailiff, Sir Timothy Le Cocq, Mr Temple said the expectation for licence-holders to operate responsibly would remain a fundamental part of the law.
“I will have little hesitation in referring a licensee to the Assembly if presented with evidence [of] advertising practices or drinks promotions… which encourage, or are likely to encourage, customers to drink to excess,” he stated.
Mr Temple conceded that “it could be said that the [previous] guidance goes somewhat beyond preventing the consumption of alcohol to excess, and that arguably it is disproportionate to the objective”.
“Although it prevents the most egregious schemes,” he added, “equally it prohibits more benign initiatives which might simply allow hospitality businesses to continue to operate, or which might allow consumers to make savings, but which do not have as their objective or effect, drinking to excess.”
Mr Calvani, who attended the brief sitting in the Royal Court building, said the JHA had been campaigning for some time to give greater freedom to operators, as long as licensees did not act irresponsibly.
“Removing these restrictions is a massive win for the on-trade,” he said. “Licensees shouldn’t have to battle against nanny-state measures and be allowed to run their businesses as they see fit, knowing that if they don’t do this responsibly there will be consequences.
“I am particularly pleased the association has been listened to and that there’s been a joined-up response to this, including the Health and Economic Development Ministers and the Attorney General.”
As part of the move, the Island’s minimum unit pricing policy has been revised for retail venues such as supermarkets and off-licences, with the minimum price per unit going up to 65 pence, having been set at 50p since the policy came into effect in April 2020.
Health Minister Tom Binet said he strongly supported the move “as part of wider approaches to help the recovery of the hospitality sector and to boost our Island economy” and wanted to address the disparity in pricing and price promotions between the on- and off-trade.
He added: “As Health Minister I am conscious of the strong international evidence that price is linked with increased alcohol consumption, and that it is likely that changes to pricing policy and promotions in the on-licence sector with no additional balancing or mitigating actions for off-licences would risk increasing our Island’s overall per capita consumption of alcohol and the related health, social and economic costs.”
Mr Temple said his department had sought the views of the States of Jersey Police, but that no response had been received in spite of a “chaser” note being sent.
“The inference is that if [the police] were really worried, they would have said something,” he said.
