Off-licence chain criticises code of conduct for selling alcohol

A NEW code of practice produced by retailers to avoid legislation that would segregate alcohol in all convenience stores and garage forecourts has been criticised by the country’s largest off-licence chain.

Speaking yesterday, Tom Desmond of Galvin’s Wholesale Ltd, who runs the Carry Out dedicated off-licence franchise, said the new draft code was unenforceable and would not work.

“The draft code completely fudges the sale of alcohol in convenience stores and garage forecourts, is unenforceable, and is designed to ensure that the unregulated, irresponsible selling of alcohol can continue unchecked,” he said.

The draft code allows for the display of alcohol to be separated from other beverages and food in convenience stores and garage forecourts.

However, this is to be done only “as far as possible”.

The code also deals with the issue of advertising alcohol. In-store advertising of alcohol is to be confined to the area in which it is displayed and will not be placed in windows or at internal locations. Also, advertising material will not be aimed at minors and will not seek to glamorise alcohol or excessive consumption.

Mr Desmond called on the minister to implement section nine of the Intoxicating Liquor Act, which ensures segregation of alcohol in such outlets.

“The Minister for Justice gave the mixed-trade retail sector a chance by not enacting the segregation element of the new Intoxicating Liquor Act if they brought in a code of conduct that, as the minister said at the time, had the same effect. Now the minister has no option but to enact Section 9 of the Act as they have effectively thumbed their noses at his offer,” he said.

Mr Desmond was critical that the code was only to be audited once a year and said that a clear message needed to be sent to the industry.

“What’s worse, the industry is proposing that this code be audited just once a year by an independent body that has no power to do anything, even if it discovers a breach in the code. The minister now has no choice but to enact this section [Section 9]. It sends a clear message to all: If you can’t segregate, you can’t sell,” he said.