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Policy Guidelines for Liquor Advertising, for Liquor suppliers, Liquor Agents and Licensees
A)
Introduction
B)
Basic
Principles
C)
Elements of
Advertising
D)
Advertising by
Retail Liquor Stores, General Merchandise Liquor Stores,
Duty Free Stores, General Off Sales (Hotel) and Manufacturer
Off Sales (Class D Licensees)
E)
Advertising by Class
A, B, and C Licensees
F)
Advertising by
Special Event Licensees
G)
Sponsorships
H)
Corporate
Vehicle
I)
Arena
Signs
J)
Contests
K)
Industry Trade
Shows
L)
Consumer Market
Research
M)
Hosting No Sale
Functions
N)
Interpretation
and Enforcement
Contact
Information
A)
Introduction
1. Advertising refers to the
use of media (e.g. newspapers, magazines, radio, signage) to
communicate a message to a wider audience. (It does not
refer to menus, displays, posters, or other forms of product
promotion within the licensed premises: these are covered
under the policy guidelines "Product Promotions in Licensed
Premises")
2. The purpose of these
guidelines is to provide policy parameters under which
legitimate advertising activities take place in accordance
with the legislative authority provided the board under
section 64 (1) of the Gaming and Liquor Act.
3. For the purposes of this
policy, references to:
a) a liquor supplier
includes liquor agency and liquor representative; and
b) licensed premises include
all Class A, B, C and D premises unless a specific type of
licensed premises is referred to.
4. The policies established
by these guidelines shall be considered conditions applying
to liquor suppliers, liquor agencies, liquor representatives
and licensees.
5. In this policy:
a) a Class A licence refers
to licensed premises open to the public (e.g. lounge,
restaurant, tavern);
b) a Class B licence refers
to licensed premises which require a fee or ticket to gain
admission (e.g. recreation facility, race track, convention
center, theatre);
c) a Class C licence refers
to private licensed premises (e.g. clubs);
d) a Class D licence refers
to retail liquor stores, general merchandise liquor stores,
duty free stores, general off sales (hotel) and manufacturer
off sales;
e) a Class E licence refers
to liquor manufacturers licensed in Alberta;
f) a licence includes the
owner, operator/manager and employees of the
licensee;
g) "liquor" refers to all
categories of beverage alcohol including spirits, beer,
wine, liqueurs, and coolers.
6. Unless specifically
covered or referred to in these guidelines, advertising is
not permitted without the prior approval of the Licensing
Division.
7. Liquor suppliers and
licensees are responsible for ensuring that their
advertising is in compliance with these policy
guidelines.
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B.
Basic Principles
1. Advertising must be
within the limits of good taste and propriety.
2. Advertising must be
accurate and verifiable.
3. Advertising should
encourage the legal, moderate and safe consumption of liquor
and discourage abusive drinking patterns.
4. Advertising should be
designed to influence brand choice among drinkers. It must
not encourage non-drinkers to consume.
5. Advertising may
not:
a) encourage or promote the
irresponsible use, consumption or service of liquor;
b) depict excessive or
prolonged consumption of liquor;
c) promote the consumption
of liquor as being beneficial to health or personal well
being; or
d) convey the impression
that the consumption of liquor will improve an individual's
status or standing.
6. Advertising must not be
targeted at minors.
7. Advertising may not be
used to disparage another company, business or
product
8. Except as specifically
prohibited by these policy guidelines, advertising in any
medium will be permitted (including television, radio,
newspapers, magazines, flyers, billboards, transit shelters,
inflatables, commercial vehicles or corporate
vehicles.)
9. Advertising must comply
with the requirements of the Canadian Radio-television
Telecommunications Commission (C.R.T.C.) and any other
regulatory body having related jurisdiction.
10. Subject to B.9., the
advertiser has discretion over the size and frequency of
print advertisements and the length and frequency of
television and radio commercials.
11. Advertising may refer to
price unless otherwise stated elsewhere in these
guidelines.
12. Brand advertising may
only be undertaken by a liquor supplier. References to brand
advertising are not applicable to Class A, B, C and D
licensees (other than manufacturer's off-sales) or to
special event licensees unless specifically referred to in
the guidelines.
13. Advertising campaigns
which promote the "responsible use" of liquor are highly
recommended and supported by the AGLC.
14. Public service or
community advertising which uses corporate or brand
identification is permitted.
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C.
Elements of Advertising
Drinking Scenes
(Applicable to brand advertising by liquor
suppliers)
1. A legal drinking
situation must be clearly presented according to relevant
federal, provincial and local legislation.
2. Liquor product may be
shown in a setting where consumption is not permitted if it
is clearly a beauty shot and no people are shown, which
would suggest prior or imminent consumption.
3. Liquor product may not
exceed one drink per person in a social setting where
consumption is shown.
4. The activities shown in a
commercial using licensed premises as a setting must be
within the normal bounds of those which are permitted in the
province.
5. The inclusion of food is
encouraged.
6. Advertising may not show
persons with liquor before or while operating a vehicle
(motorized or other) or while engaging in any activity which
requires care or involves elements of physical danger. The
advertising must clearly show that the activity has been
completed before the product is introduced.
Minors
7. Advertising must not
appeal to minors or be placed in any medium that is targeted
specifically to minors.
8. Minors or persons who may
reasonably be mistaken for minors may not be depicted in
liquor advertisements.
9. The use or imitation of
children's fairy tales, jingles, nursery rhymes, children's
songs, musical themes, or children's fictional characters is
not permitted.
Personal
Endorsement
10. No well-known
personality (for example, an athlete who is still active in
his/her sport or a youth-oriented musical group) or
look-alike with strong appeal to minors may be used in
liquor advertising
11. The age of personalities
and their current standing in the public eye should be taken
into account when assessing appeal to minors.
12. Product endorsement by a
well-known personality or look-alike should not imply that
the consumption of liquor has contributed to the
individual's success.
Third
Party Advertising
13. Advertising may be
undertaken with manufacturers of non-liquor products if such
advertising conforms with these policy guidelines.
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D.
Advertising by Retail Liquor Stores, General Merchandise
Liquor Stores, Duty Free Stores, General Off Sales and
Manufacturer Off Sales (Class D Licensees)
1. A Class D licensed
premises may be advertised by indicating:
a) name of licensed
premises;
b) location;
c) hours of
operation;
d) products available,
including sizes;
e) product price (discount
prices may be advertised).
2. Comparative price
advertising is permitted subject to the requirements of
B.7.
3. A Class D licensee may
mention brands of beer, spirits or wine in its
advertisements (for example, price list and "featured "
products). The following conditions must be met:
a) none of the advertising
expenses of the licensee may be paid either directly or
indirectly by a liquor supplier;
b) the licensee is
prohibited from receiving or requesting from a liquor
supplier and consideration, benefit or inducement whatsoever
for advertising a liquor supplier's brand; and
c) cooperative advertising
between the licensee and liquor supplier (in which the
expenses or costs of advertising are shared between them in
whole or in part) is prohibited.
4. Class D licensees may not
redeem a liquor supplier's coupons for money off the price
of liquor purchased from the retail liquor store. A liquor
supplier may, however, offer refund coupons whereby the
consumer must mail the coupon to the manufacturer to receive
a refund.
5. The common owner/operator
of a retail liquor store and another business or company may
not conduct joint advertising of any kind, cross-market
advertising or promotions between the retail liquor store
and the other business or company.
Notes: -
"Commonly owned" refers to those
situations in which a retail liquor store and another
business or company are owned or controlled in whole or in
part by the same person.
- These restrictions also
apply to any retail liquor store that is using the trademark
, name of another business or company that is not commonly
owned.
- The following related
activities are also prohibited under section 50 Gaming and
Liquor Regulation:
a) offer discounts on
purchases in one business based on purchases in the other
business;
b) operate a customer
loyalty program in one business which recognizes purchases
made in the other business; and
c) sell trademark or brand
name products of the other business in the retail liquor
store unless these products are also available for wholesale
purchase by other licensees and are not referred to by any
other business' name.
6. A liquor delivery service
approved by the Licensing Division may be advertised.
7. A hotel with a separate
off-sales room approved by the board and operated under the
authority of a Class-D licence may refer to that room as a
"store"
8. A duty free store may
advertise in accordance with D.1.,2. and 3.
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E.
Advertising by Class A, B and C Licensees
1. A licensee may advertise
the name of the premises and the services that are offered
according to the type of licence(s) held.
2. A licensee may advertise
brands of liquor.
3. Entertainment may be
advertised.
4. A licensee may advertise
liquor at reduced or discounted prices except as noted in
E.5 below.
5. Free liquor specials,
multiple-drink specials (e.g. 2 for 1) pour size specials
(e.g. "doubles for the price of singles") or "all you can
drink" for a fixed cost promotions are not permitted and may
not be advertised.
6. Happy hours may be
advertised.
7. A licensee may advertise
featured drinks during named nights or days (e.g. Tequila
Monday, shooter night, draught night, etc.). Reduced or
discounted prices may be mentioned in the
advertising.
8. A licensee may advertise
an all-inclusive package which includes liquor in the price
(e.g. "champagne brunch", Mothers day special, New Year's
Eve special). The amount of liquor to be provided should be
specified in milliliters (ml) or in milliliters (ml) and
ounces (ox).
9. A licensee may have a
"radio remote unit" broadcast live music from the premises.
The broadcaster may say on air the name and location of the
premises or of any specific room within the premises in
accordance with section B.
10. A licensee may have a
"television remote unit" broadcast live entertainment from
their licensed premises, if the patrons are aware they may
be televised. The coverage should focus on the
entertainment, although shots including portions of the
audience are acceptable. Any advertising must be accordance
with section B.
11. A club (Class C licence)
may advertise a function for its members and bona fide
invited guests if the restricted admittance is clearly
indicated in the advertisement.
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F.
Advertising By Special Event Licensees
Public resale
licence
1. Licensee guidelines
(section E.) apply to the advertising of the licensed
function.
Private
Non-Sale and Private Resale Licences
2. Advertising of the
function may be undertaken if it is directed to members and
bona fide guests only and not to the public at large.
"Members and Guests Only" must be clearly shown in all
advertising.
3. The licensee may display
posters on community billboards.
4. The licensee may place an
advertisement in the community news section of the local
paper or on the TV cable community news channel.
5. A community league with
its own hall may advertise a function on a sign including a
free-standing illuminated sign located on community league
property.
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G.
Sponsorships
1. The sponsorship or
co-sponsorship of an event, activity or team which does not
involve minors or is not otherwise geared towards minors may
be undertaken using the corporate or brand name. A Class A
licensee which permits minors in the licensed premises may
sponsor an event involving minors if the references to the
establishment do not mention liquor in any way.
2. A sponsorship may be
supported by an unconditional donation, or by the provision
of a trophy or prize.
3. Exclusive sponsorship is
permitted, however, exclusivity of a specific brand of
product at any event or activity is only permitted with
board approval.
4. Off site support
advertising before and during the event, and on-site signs
during the event, are permitted if they follow these policy
guidelines.
5. Where a licensed area is
operated with a sponsored event, approved promotional
material may be displayed in the licensed area. (See "Policy
Guidelines-Product Promotions in Licensed Premises".)
6. Sponsorships conducted on
campus must have the prior approval of the institutions'
administration.
7. Corporate or brand
identified items, other than liquor, may be given to
charitable organizations which hold a Revenue Canada
registered charities number, for their use as prizes, raffle
items, etc.
8. Owning a sports franchise
is permitted.
9. In sponsorship
advertising, the ad should focus on the event or activity
being sponsored, not on liquor or liquor suppliers.
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H. Corporate
Vehicle
1. Corporate or brand name
and logo may be displayed on a corporate vehicle.
2. A corporate vehicle may
appear at the site of a sponsored event.
3. If a corporate vehicle is
to appear at a sponsored event on campus, the prior approval
of the institution's administration must be obtained.
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I.
Arena Signs
1. Corporate or brand
identified signs (for example, scoreboard panels,
rinkboards) may be rented in an arena or stadium used
primarily for professional events.
2. Temporary signs (for
example, banners) may be displayed in a community arena only
during a sponsored event.
3. Signs which advertise
liquor may not be used at events involving minors (for
example, minor hockey week).
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J.
Contests
1. Sponsorship or
co-sponsorship of a publicly advertised contest may be
undertaken
2. A contest sponsored by a
liquor supplier must be directed towards persons of legal
drinking age.
3. An individual must not be
required to purchase or consume liquor to participate in or
qualify for a contest or draw.
4. If any portion of a
contest is conducted on licensed premises, the activity must
follow "Policy Guidelines-Product Promotions in Licensed
premises."
5. All applicable provincial
and federal regulations must be followed.
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K.
Liquor Industry Trade Shows
1. Participation in a liquor
trade show may be undertaken with a display or display and
sampling booth (Sampling by Class A, B or C licensees is
limited to food only.
2. Liquor suppliers are
permitted to sell or provide samples of their liquor at a
trade show subject to the requirements for participation set
by the trade show operator.
3. A trade show operator may
request that a retail liquor store be permitted to sell
liquor products for off premises consumption at the location
of the trade show.
4. All categories of liquor
may be sampled. Maximum sample sizes are as follows:
beer - 112 ml (4 oz.)
coolers - 112 ml (4
oz.)
wine - 56 ml (2 oz.)
spirits - 14 ml (1/2
oz.)
liqueurs - 14 ml (1/2
oz.)
5. Liquor samples may only
be offered from a display booth.
6. The booth must always be
staffed during the show when liquor is involved. Adequate
measures must be taken to secure liquor supplies when the
show is closed.
7. Minors are not permitted
to handle liquor.
8. Liquor samples may only
be served to persons of legal drinking age.
9. An exhibitor may
participate in a cooking demonstration at the booth or a
designated cooking area. The products on display or being
samples may be used. Testing of the prepared dishes is
permitted.
10. An exhibitor may
decorate his booth with related support advertising,and
staff may wear promotional clothing. Promotional or
educational advertising material may be given away.
11. An exhibitor's
participation in a show may be advertised.
12. A retail liquor store
may be permitted to sell liquor for off premises consumption
at a non-liquor industry trade show. Participation requires
board approval and is subject to any conditions the board
imposes as part of the approval.
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L.
Consumer Market Research
1. An independent group or
organization may be appointed to conduct consumer market
research.
2. The research may include
a survey of members of the target group. Such a survey must
not be a promotional scheme designed to obtain direct or
indirect advertising for a product, nor may the results form
part of a public advertising program.
3. The survey may not be
used to impart potentially disparaging information about
another company or product.
4. There may be no public
advertising of the survey.
5. All participating
respondents must be of legal drinking age if the survey is
liquor related.
6. A survey limited to a
one-on-one question and answer situation may be conducted by
telephone, in a private area or in a public area (e.g.
shopping mall, on the street)
7. Respondents may be
invited to a market research office, hotel, meeting room, or
other location closed to the general public and acceptable
to the AGLC for a product audit (taste test).
8. The organization
conducting a product audit or packaging audit must ensure
any licensing requirements are met. A packaging audit
conducted in a non-licensed area will require a private
non-sale licence. The licence will include the words "Not
for Consumption" on it. This licence authorizes
transportation of the liquor to and from the site and
possession of liquor at the site of the survey.
9. A product audit must be
conducted blind, that is, no identification of the samples
other than by number or letter.
10. A product audit may be
conducted using a product not available for sale in the
province.
11. Respondents
participating in a product audit must not be permitted to
consume samples to the point of intoxication.
12. The organization
conducting the survey may compensate the respondents for
participating in the survey.
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M.
Hosting No Sale Functions
1. A no sale function may be
hosted by liquor suppliers or licensees at which invited
guests may sample liquor.
2. Attendance must be by
invitation only. There may be no advertising of the
event.
3. The host is responsible
for ensuring the licensing requirements are met.
4. A liquor supplier, other
than a manufacturer must be in possession of a hospitality
licence issued by the AGLC to host no sale functions at
their office premises.
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N.
Interpretation and Enforcement
1. The interpretation and
enforcement of these policy guidelines are the
responsibility of the Licensing Division.
2. The advertiser (liquor
supplier and/or licensee) is responsible for ensuring that
their advertising meets the requirements of these policy
guidelines. Any concerns about interpretation should be
reviewed with the Licensing Division.
3. An advertiser may submit
advertising and related material covered by these guidelines
to the Licensing Division for approval before undertaking
the advertising or activities.
4. Advertising will be
checked for the message conveyed by all aspects of the
advertisement whether expressed or implied.
5. Failure to comply with
the spirit and intent of these policy guidelines will result
in sanctions by the board. Sanctions include, but are not
limited to:
a) warnings;
b) the requirement that the
advertiser remove advertising or withdraw from an
activity;
c) the requirement that all
further advertising and other activities covered by these
guidelines be submitted for approval;
d) suspension of liquor
supplier in-store advertising privileges for specified
periods;.
e) suspension of advertising
and promotional support privileges for specified periods;
and
f) any other sanction as
determined by the Board consistent with the Gaming and
Liquor Act.
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6. For
more information concerning these policy guidelines, contact
the Licensing Division:
50 Corriveau Avenue
St. Albert, Alberta
T8N 3T5
Phone : (403) 447-8600 Fax :
(403) 447-8911
or
Suite 110, 6715 - 8th Street
N.E.
Deerfoot Atrium Building
Calgary, Alberta
T2E 7H7
Phone : (403) 292-7300 Fax :
(403) 292-7301
or
6910 - 50 Avenue
Stettler, Alberta
T0C 2L0
Phone : (403) 742-7152 Fax :
(403) 742-7173
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