We note that the issue of minors having access to non alcoholic drinks was the subject of considerable discussion during the week; while the original discussion centred around the public house setting, it is an opportunity to remind retailers what their obligations are in regards to stocking, selling and advertising non alcoholic beverages.
The only absolute rule is that if you stock non alcohol drinks within the off licence segregated section of your store, you MUST also place the same products in another area outside the restricted area. The rationale for this requirement is to ensure that a would-be purchaser is not obliged to “enter” the off licence sector to avail of a non alcoholic beverage. There are similar requirements for other products associated with drinking alcohol, such as snacks, straws, bottle openers etc.
There are NO age restrictions on the sale of non alcoholic beverages.
There are NO restrictions on when non alcohol products can be sold.
You ARE permitted to display advertisements for non alcoholic beverages anywhere within the store, including a front window display.
You do NOT need to have a Wine, Beer or Spirit licence to sell non alcoholic beverages .
There is no excise Duty on non alcoholic beverages, nor is there a Sugar Tax . VAT is applied at Standard rate.
We note the following from the Guidance Document in relation to Section 22 as published by the HSE.
- If non-alcoholic beverages or zero alcohol branded products are sold within the separated alcohol area, do they then have to be for sale elsewhere in the premises?
The Act does not provide for a definition of a non-alcohol product. Non-alcoholic beer is a related product and not an alcoholic beverage.
Retailers have two options;
- Display non-alcoholic beer etc. within the separated area and elsewhere in the store.
Or
- Display non-alcoholic beer etc. elsewhere in the store only.
- Are crisps, nuts, snacks and other foods consumed with alcohol considered alcohol related products and can they be stored in the separated alcohol area?
There is no definition of alcohol related products in the legislation; it is not a matter for the HSE to interpret the legislation that is a matter for the courts.
If such products are offered for sale in the separated alcohol area the retailer must offer the products for sale in another area of the premises.
The aim of the legislation is that people who do not intend to consume alcohol are not forced to enter the separated area to purchase any other items. If it is ensured that crisps etc. are available in the same volume/selection in another part of the store, the spirit of the Act is maintained.
