The Public Health (Alcohol) Act was enacted 17 October 2018 and 27 of its 31 provisions have been commenced. The major provisions that have been commenced include the following:From 12 November 2019 the Act prohibited:
• Alcohol advertising in or on public service vehicles, at public transport stops or stations and within 200 m of a school, early years centre or a local authority playground. (Section 14)
• Alcohol advertising in a cinema except around films with an 18 classification or in a licensed premises in a cinema. (Section 20)
• Children’s clothing that promotes alcohol. (Section 17)
From 12 November 2020, in mixed retail outlets alcohol products and advertising are confined to one of the following:
• an area separated by a 1.2m high barrier, or
• units in which alcohol products are not visible up to 1.5m height, or
• up to three units that can be a maximum of 1m wide by 2.2m high.
In addition, alcohol products can be contained but not be visible in a unit behind the counter. (Section 22)
From 11 January 2021 the Public Health (Alcohol) Act 2018 (Sale and Supply of Alcohol Products) Regulations 2020 came into operation. The Regulations prohibit:
• the use of bonus or loyalty card points in relation to alcohol products;
• the sale of alcohol products at a reduced price when sold with another product or service; and
• the sale of alcohol products at a reduced price for a period of 3 days or less.
From 12 November 2021 the Act provided for:
• A prohibition on alcohol advertising on a sports area during a sporting event, at events aimed at children or at events in which the majority of participants or competitors are children. (Section 15)
• Alcohol sponsorship of events aimed at children, events which the majority of participants or competitors are children and events involving driving or racing motor vehicles is prohibited. (Section 16)
From 4 January 2022, minimum unit pricing, a prohibition on selling alcohol below a minimum unit price of 10c per gram of alcohol, came into operation. (Section 11)
From 24 November 2022, an applicant for an intoxicating liquor licence must notify the Environmental Health Service in advance of an application and the Environmental Health Service may appear and give evidence at the court hearing on an application. (Section 4)
Section 12 provides for health warnings on the labels of alcohol products. Under the Act, the labels of alcohol products must contain the energy value and grams of alcohol in the product, as well as a warning to inform the public of the danger of alcohol consumption, of the danger of alcohol consumption when pregnant and of the direct link between alcohol and fatal cancers. The labels will direct the consumer to the HSE website, www.askaboutalcohol.ie, for further information.
The Act provides that regulations must be made to specify the detail of the labelling requirement. Draft regulations were developed by the Minister for Health and submitted first to the European Commission for assessment and then to the World Trade Organisation (WTO). The standstill period required under the WTO process ended on 7 May 2023. The Minister for Health has now made those regulations and commenced section 12 of the Act. There is a three-year lead-in time built into the law in order to give businesses significant time to prepare for the change. The law will come into operation on 22 May 2026.
Sections of the Act yet to be commenced:
Section 13 of the Act regulates the content of advertisements for alcohol products and empowers the Minister to make regulations in relation to advertisements for alcohol products. Work on the drafting of the advertising Regulations is continuing in conjunction with the Office of Parliamentary Counsel. Once finalised, the draft Regulations will require submission to the EU Commission for assessment and once they have successfully completed that process, they will require notification under the WTO process.
Section 18 of the Act restricts advertisements in publications and can be commenced after section 13 has been commenced.
Section 19 on a Broadcast Watershed requires consultation with the Minister for Communications and the Broadcasting Authority of Ireland (now Coimisiún na Meán). The consultation is to ensure the effective and efficient enforcement of this measure. That consultation is ongoing and it is the intention of the Minister for Health that the Broadcast Watershed be commenced this year. There is a one year lead in time after commencement attached to section 19.
Section 21 of the Act provides for a review of certain sections of the Act and can be commenced when the sections subject to review have been commenced.
