'Bottomless brunches' where unlimited free alcohol is served flouts legislation, academics claim

Since January 2021, it is illegal to offer alcohol at a reduced price or free of charge by the purchase of other alcohol products. It is also unlawful to advertise or promote such offers.

The popularity and prevalence of “bottomless brunches” offered by licensed premises highlight deficits in legislation introduced by the Government to curb excessive alcohol consumption, it has been claimed.

A group of academics from the Technological University of the Shannon said it was arguable public health regulations were being breached by the provision of so-called “bottomless brunches” — where unlimited alcohol is provided along with food for a set time period.

Drinks provided routinely with such promotions include prosecco, mimosas and bellinis.

The Public Health (Alcohol) Act 2018 allows regulations to be made by the minister for health to prohibit the sale and supply of alcohol at a reduced price.

Since January 2021, it is illegal to offer alcohol at a reduced price or free of charge by the purchase of other alcohol products. It is also unlawful to advertise or promote such offers.

In an article for the medical journal, Epidemiology, Biostatistics Public Health, the TUS academics claimed it could be argued the sale and supply of alcohol in the form of “bottomless brunches” represented a violation of the regulations.

They pointed out a cursory internet search which lasted less than four hours had identified 18 establishments in the country offering bottomless brunches, including unlimited alcohol.

Examples of such promotions were found in Dublin, Cork, Limerick, Galway, Kilkenny, Sligo, Tipperary and Athlone.

One of the article’s main authors, Frank Houghton of TUS’s Social Sciences ConneXions Research Institute, said “bottomless brunches” bring attention “to the crucial issue of the enforcement of legislation in Ireland”. 

Dr Houghton noted Alcohol Action Ireland — a charity advocating for reducing alcohol harm — claimed it had repeatedly raised the issue with the HSE “without any real result”. He said it was “disconcerting” no action appeared to have been taken on the issue, despite it being reported to the HSE.

Dr Houghton said a lack of enforcement was also evident in other public health-related areas, including tobacco control, road traffic laws, and environmental protections.

The academics noted it had been suggested the enforcement of alcohol legislation in Ireland may be impeded by legal complexities and apprehension relating to judicial enforcement.

“The result may be an orientation towards soft mandates rather than prosecution,” they added.

Dr Houghton said Ireland had exhibited a lack of leadership in relation to alcohol control in the past.

However, he added: “Direct and purposeful leadership is now required to promote health and combat the threat posed by practices that actively promote excess alcohol consumption.” He said alcohol remained “a clear and present danger” to public health in Ireland.

It is estimated alcohol is the eighth leading cause of death in the Republic and is responsible for 8% of all deaths annually.

He said the Public Health (Alcohol) Act 2018 was passed by the Government to address the damage wrought by alcohol, with the legislation allowing for minimum unit pricing and alcohol warning labels.

Although the Government has been criticised for deficits in the legislation and the slow enactment of elements of the act, Dr Houghton said it remained a significant piece of alcohol control legislation.

The article noted the World Health Organization had identified alcohol as an important “commercial determinant of health” — a term used to describe how private sector activities affect public health.

Dr Houghton said “a robust response” was needed from both the HSE and the Government to respond to such a classification.