Addressing the harmful use of alcohol - WHO Western Pacific Region
Addressing the harmful use of alcohol - WHO Western Pacific Region
Addressing the harmful use of alcohol - WHO Western Pacific Region
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<strong>Addressing</strong> <strong>the</strong> <strong>harmful</strong> <strong>use</strong> <strong>of</strong> <strong>alcohol</strong> : A guide to developing effective <strong>alcohol</strong> legislation<br />
5) Any person who contravenes subsection (1), (3) or (4) commits an <strong>of</strong>fence punishable on<br />
conviction by a fine <strong>of</strong> XX.<br />
6) In addition to <strong>the</strong> fine under subsection (5) <strong>the</strong> Court may impose a penalty comprising up to<br />
50% <strong>of</strong> <strong>the</strong> total cost <strong>of</strong> <strong>the</strong> advertising in question.<br />
Alcohol sponsorship prohibited<br />
1) This section applies to any event or activity if its name or any item <strong>use</strong>d or associated with it<br />
or in connection with <strong>the</strong> organization, promotion, marketing or merchandising <strong>of</strong> <strong>the</strong> event<br />
or activity includes or is associated directly or indirectly with:<br />
a) any <strong>alcohol</strong> product; or<br />
b) any trade mark <strong>of</strong> an <strong>alcohol</strong> product; or<br />
c) a company name or any part <strong>of</strong> a company name which may be included in that<br />
<strong>alcohol</strong> product trade mark.<br />
2) No person shall:<br />
a) organize or promote any such event or activity which is to take place, in whole or in<br />
part, in (name <strong>of</strong> country); or<br />
b) make any financial contribution towards <strong>the</strong> event or activity which is to take place, or<br />
is taking place, or has taken place, in whole or in part, in (name <strong>of</strong> country); or<br />
c) make any financial contribution to any person in respect <strong>of</strong>:<br />
i) <strong>the</strong> organization or promotion <strong>of</strong> <strong>the</strong> event or activity by that person; or<br />
ii) participation by <strong>the</strong> person.<br />
3) Any person who contravenes subsection (2) commits an <strong>of</strong>fence punishable by a fine <strong>of</strong> XX.<br />
4) In addition to a fine under subsection (1), <strong>the</strong> Court may impose a penalty comprising up to<br />
50% <strong>of</strong> <strong>the</strong> total cost <strong>of</strong> <strong>the</strong> sponsorship in question.<br />
Promotions by licensed premises<br />
Concerns about promotions by licensed premises that may encourage excessive drinking and<br />
disorder have led to <strong>of</strong>fences related to this being included in licensing legislation. In Victoria,<br />
Australia, it is an <strong>of</strong>fence only if <strong>the</strong> Director <strong>of</strong> <strong>the</strong> licensing authority notified <strong>the</strong> licensee to<br />
desist. In New Zealand this was added in 1999, but not prosecuted until 2004 in a case that<br />
showed public health <strong>of</strong>ficers or inspectors, not just police, can initiate prosecution for an<br />
<strong>alcohol</strong> <strong>of</strong>fence.<br />
Scotland’s 2005 Act included an <strong>of</strong>fence for irresponsible drinks promotions by on-licensed<br />
premises that has more concrete detail than <strong>the</strong> Victoria or New Zealand examples.<br />
94 Return to TOC
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