What is the consultation about and what are its aims?
This Scottish Government consultation is looking for views/opinions in relation to proposed regulations to restrict the promotions of food and drink high in fat, sugar or salt (HFSS) in situations where they are sold to the public.
The main aim of this proposed policy is to decrease public health harms in connection with excess consumption of calories, fat, sugar and salt, while simultaneously reducing diet-related health inequalities.
Summary of some of the main points of the consultation:
The types of food and drinks the Scottish Government are proposing to target as part of these proposed regulations include (but not limited to):
- Soft drinks with added sugar (i.e. fizzy drinks; juice based, milk based drinks, fruit juices and smoothies with added sugar);
- Savoury snacks (i.e. crisps and salted popcorn);
- Breakfast cereals (i.e. granola, porridge and muesli);
- Confectionery (i.e. chocolate and sweets);
- Ice cream, ice lollies and other frozen products;
- Cakes;
- Sweet biscuits and bars;
- Pizza;
- Roast potatoes;
- Desserts and puddings;
- Morning goods (i.e. croissants, and pancakes); and
- Ready meals.[i]
The types of promotions the Scottish Government are proposing to target are:
- Multi-buys;
- Unlimited refills;
- Temporary price reductions; and
- Meal deals.
The types of location restrictions the Scottish Government are proposing to target are:
- Checkout area (inclusive of self-service)
- End of an aisle;
- Entrances of stores;
- Covered external areas; and
- Free-standing displays.
Equivalent measures would also apply online i.e. home pages, certain searching/browsing situations, ‘pop-up’ pages (pages not opened on purpose by the customer), favourites pages and checkout pages.
How could this affect the on and off-sales trade?
This impacts of this consultation, should the regulations come into force, could affect a number of business in both the on-sales and off-sales trade.
On-trade:
While the impact on the on-sales trade may be less apparent there are some proposals which could have an impact. One area which could result in issues for business is the restriction on unlimited refills. The consultation proposes that unlimited refills for a fixed fee on soft drinks with added sugar which are HFSS or ‘less healthy’ (non-pre-packed or pre-packed), will be restricted.
A number of operators use this model. The introduction of this type of restriction could mean that certain businesses will need to rethink their business model entirely to fit in with any new rules.
Operators targeting the designated driver with soft drink promotions may also need to be mindful of how these might be impacted. Could there also be an implication for non-alcoholic drinks like ciders which do have high sugar content but are promoted as an alternative to alcohol?
Off-trade
The off-trade could be more obviously affected by this consultation and its proposed implications.
A consideration may be the cost implications for businesses if there are location restrictions. Would supermarkets and any off sales premises need to consider variation applications to amend layout plans if stores had to be re-designed to comply with the new proposed regulations?
Another implication could be whether the restriction to unlimited refills could contravene the policy intention of alcohol reduction as it impacts the ability to promote non-alcoholic drinks.
The consultation is open until the 21st of May 2024. If you believe your business could be affected by this consultation and require our advice to see if you fall into a category or are exempt, our Licensing specialists are here to assist you. We understand that each business is unique and has its own set of challenges, and we are committed to understanding yours. Our goal is to provide you with tailored solutions that can truly make a difference. We invite you to contact us now to discuss your requirements on 0141 333 0636.
[i] Scottish Government, Restricting Promotions of Food and Drink High in Fat, Sugar or Salt – Consultation on the Detail or Proposed Regulations Restricting promotions of food and drink high in fat, sugar or salt – Consultation on the detail of proposed regulations - Scottish Government consultations - Citizen Space
