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Filed
February 13, 1990
Under subsection 200 (1) of
the Liquor Control Act, the Lieutenant-Governor in
Council, upon the recommendation of the Minister, makes and
under subsection 200 (2) of the Liquor Control Act, the
Lieutenant-Govenor in Council makes the following
Regulations:
93-187
1. This regulation may be
cited as the Advertising of Liquor Regulation- Liquor
Control Act.
2. In this
Regulation
"Act" means the Liquor
Control Act.
3. This Regulation applies
to a holder of a special occasion permit referred to in
section 47 of the Act and a holder of a dining-room licence,
a lounge licence, a special facility licence, a special
events licence referred to in paragraph 63 (f) of the Act, a
club licence other than a club licence under section 110 of
the Act, an in-house brewery licence, a brewer's licence or
a distiller's licence or winery licence referred to in
paragraph 63 (1) of the Act
93-187, 97-110
4. Repeated: 97- 110
93-187; 97-110
5. The holder of a permit
or licence referred to in section 3 shall not exhibit,
publish or display or permit to be exhibited, published or
diplayed an advertisement that, directly or
indirectly,
a) encourages or promotes
the consumption of liquor by minors,
b) depicts family scenes
that in any way involve the use of liquor, including any
group of adults accompanied by children,
c) refers in any way to
persons who may be minors,
d) portrays drinking or
party scenes that show immoderate or excess use of
liquor,
e) indicates that liquor
may be consumed in any way, manner or place prohibited by
any federal or provincial law or municipal by-law,
f) conveys the impression
that the consumption of liquor is necessary or helpful in
obtaining any social prestige, business success, popularity
or escape from personal problems,
g) makes any claim that
implies or attributes to any liquor, either alone or as a
mixture, any healthful, nutritive, dietary, curative,
sedative or stimulative quality or properties, or
h) contains an endorsement
of any liquor, personally or by implication, by any person,
character or group who is or is likely to be a role model
for minors because of achievement, reputation or exposure in
the media.
93-187; 97-110
6. (1) The holder of a
brewer's licence, distiller's licence or winery licence
exhibiting, publishing or displaying or permitting the
exhibition, publication or display of an advertisement may
refer in the advertisement only to:
a) trademarks,
b) brand names,
c) body labels, or
d) recipes
and may use slogans and
copy descriptive of the product or brand of liquor being
advertised.
6. (2) An advertisement
referred to in subsection (1)
a) shall not deal with the
use and consumption of liquor generally, and
b) shall be designed to
draw attention to a product or to one or more brands of
liquor.
6. (3) An advertisement by
a holder of a brewer's licence, distiller's licence or
winery licence that
a) supports a worthwhile
cause other than a sales campaign, or
b) is for or about an event
or cause other than a sales campaign
and in which the only
reference to the advertiser or its product is the use of its
corporate name is exempt from the restriction in paragraph 9
(a) respecting the frequency of airing of the
advertisement.
93-187; 97-110
7. The holder of a
dining-room licence, a lounge licence, a special facility
licence, a special events licence reffered to in paragraph
63(f) of the Act, a club licence other than a club licence
under section 110 of the Act or an in-house brewery
licence
a) shall not exhibit,
publish or display or permit the exhibition, publication or
display of an advertisement that states or implies that
liquor is to be given away free of charge, and
b) may exhibit, publish or
display or permit the exhibition, publication or display of
an advertisement advertising such activities or events as
champagne brunches, beer gardens or wine and cheese or
similar activities or events.
93-187; 93-207;
97-110
8. A holder of a special
occasion permit referred to in section 47 of the Act may
exhibit, publish or display or permit the exhibition,
publication or display of an advertisement only in respect
of an event that is being held solely for charitable
purposes.
93-187; 93-207;
97-110
9. Subject to this
Regulation, the holder of a permit or licence referred to in
section 3 may exhibit, publish or display or permit the
exhibition, publication or display of an
advertisement
a) on radio or on
television, if the advertisement does not air on the same
radio station or same television station more than
twenty-five times in a week, and
b) in any other media or
form.
92-92; 93-187;
97-110
10. (1) Subject to this
Regulation, the holder of a permit or licence referred to in
section 3, other than the holder of a special occasion
permit referred to in section 47 of the Act, may exhibit or
display, or permit to be exhibited or displayed, any
advertisement or notice of or concerning liquor by an
electric or illuminated sign, contrivance or device or on
any boarding, signboard, billboard or other place in public
view or may advertise liquor by any of those means.
10. (2) Subject to this
Regulation, the holder of a permit or licence referred to in
section 3, other than the holder of a special occasion
permit referred to in section 47 of the Act, may exhibit or
display, or permit to be exhibited or dipsplayed, any sign
or poster containing the words "bar", "bar room", "saloon",
"spirits" or "liquor" or words of like import.
10. (3) An advertisement or
notice by the means referred to in subsection (1) or a sign
or poster referred to in subsection (2)
a) may portray glasses,
barrels, taps, bottles and product advertising, and
b) where the advertisement,
notice, sign or poster is to be exhibited or displayed by a
holder of a dining-room licence, a lounge licence, a special
facility licence, a special events licence referred to in
paragraph 63(f) of the Act, a club licence other than a club
licence under section 110 of the Act or an in-house brewery
licence, shall not portray a specific brand of a distiller,
brewer or winery.
93-l87; 97-110
11. A holder of a brewer's
licence, distiller's licence or winery licence shall not
advertise liquor, directly or indirectly, in conjunction
with a holder of a special occasion permit reffered to in
section 47 of the Act, a club licence other than a club
licence under section 110 of the Act or an in-house brewery
licence.
93-187; 97-110
12. Section 14 of New
Brunswick Regulation 84-265 under the Liquor Control Act is
repealed.
N.B. This Regulation is
consolidated to December 31, 1997.
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