Company: Amrick and Dorgra, 145 Green Lanes, London N16
Breach:
Final Decision: 28 September 1998
Considered under the 2nd Edition of the Code.
Complaint summary
“It has come to our attention that (this) off–licence is breaching the code by displaying the product “the original jelloshot” (min 15%abv) on the same counter as, and in close proximity to, sweets and chocolate bars. Your code specifically stipulates that alcoholic drinks should be clearly merchandised as alcoholic products either in a separate retail area for alcoholic drinks or specifically marketed as alcoholic when on general display in a multi–product store.
It is of great concern to us that alcohol of any kind is being sold in such close proximity to sweets. Given (our) concerns about the appeal of the product to under 18s ... we are particularly worried that this product is being sold in this way. I am also writing to the Trading Standards department ... to draw their attention to the practices of this licensee.“
Complainant
Alcohol Concern
Decision
Under Code paragraph 4.1(b)
All retailers and any other persons selling direct to the public should ensure that all alcoholic drinks are clearly merchandised as alcoholic products either in a separate retail area for alcoholic drinks or specifically marketed as alcoholic when on general display in a multi-product store and be identified as being for sale to adults only.
UPHELD
The company’s submission
The retailer did not submit a response.
The Panel’s assessment
The complainant claimed that the product was on sale ‘on the same counter as, and in close proximity to, sweets and chocolate bars‘. The Code states that alcoholic drinks, if not in a separate retail area, should be … specifically marketed [first] as alcoholic when on general display in a multi-product store and [secondly] be identified as being for sale to adults only’. From the complainant’s allegations neither safeguard had been taken in this instance and the retailer had not provided any evidence to the contrary. In the circumstances the Panel accepted the complainant’s allegations. Consequently the Panel upheld the complaint under paragraph 4.1(b) of the Code.
Action by company
Due to the retailers failure to respond to the complaint or the Independent Complaint Panel’s final decision, a Retailer Alert Bulletin was issued to the relevant licensing area.