Nicola Bates, Strategy Director at the Portman Group – the alcohol social responsibility body and marketing regulator said:

“Total alcohol consumption has gone down consistently over the past 10 years, and Britons now drink around 15% less alcohol than they did 10 years ago. During the lockdowns the vast majority of people continued to drink moderately and this research shows some lighter drinkers cut their consumption.

“However there is a small minority who were already drinking at high harm levels when the lockdowns began and evidence suggests some went on to drink more. The models presented in this research are stark but they presume no interventions are made. This small minority of drinkers are the ones who need the most support with targeted action and a focused policy response.”

Make sure your marketing doesn’t get rained off this summer by avoiding these compliance pit falls.

With grey clouds looming, and threating downpours making their way across the country, we all know it can only mean one thing – it’s summer in the UK. For many, this will mean enjoying their summer holidays relaxing, resting, and enjoying a well-earned break.

For alcohol marketers, this is a great time to introduce a summer tipple – but whether it’s a fruity cocktail or a beer perfectly paired with a BBQ, it’s important to keep the Code in mind to avoid potential issues. So, what are some things to be mindful of?

Socialising or being more fun

While it is likely to be acceptable to show alcohol as a legitimate accompaniment to a social setting (like a party or BBQ) you will need to take care that your marketing doesn’t suggest that people will become socially successful because they are drinking. You should avoid any suggestion that a person or event is boring and that alcohol is the catalyst to having a good time and being popular. Remember that the good times are created by the people and party experience – not the alcohol!

Equally, you should be mindful of suggesting that alcohol can help a person relax or be less inhibited. While its likely to be acceptable to suggest that your drink is perfect for pairing with a BBQ, you should avoid any suggestion that it will relax a person or change their mood or behaviour. Instead, we’d suggest focusing on the taste and quality of the product rather than suggesting it has a therapeutic quality.

Don’t sink or swim

Its not just alcohol packaging that will be covered by the Code, but promotions as well. Year on year we see requests in the Advisory Service that involve alcohol and swimming. This could be a promotional event at a summer party, or even sampling by the pool. However, it has long been the Advisory Service’s view that it is unlikely to be acceptable to encourage people to drink around a body of water. Offering samples or running promotions in areas where people are going to be swimming is likely to be viewed as indirectly encouraging dangerous behaviour. Instead, think about where it might be better to host a promotion or sampling event – at a park, or in the on-trade for example.

We’re all going on a summer holiday

You might be thinking of delighting your customers with a chance to ‘win a holiday’ this summer but there are some things to bear in mind when running this type of promotion. To avoid indirectly encouraging immoderate consumption you should think about placing a limit on the amount of times a consumer can enter a competition. You could also have the entry mechanism on the label of the product so that a person doesn’t need to open (and therefore consume) the alcohol in a short space of time to participate. If you are running a promotion like this, it’s always worth checking the parts that cross into the Advertising Standards Authority’s remit (such as the T&C’s) with their CAP Copy Advice Team.

The Chief Medical Officers’ Low Risk Drinking Guidelines state that a person should not drink more than 14 units of alcohol a week, and this should include drink free days. Our guidance stipulates that a person should not be encouraged to drink over four units by themselves in one sitting. With that in mind, you should ensure that the mechanics of the promotion do not indirectly encourage this type of immoderate consumption.

Need more help?

You can find out more through our guidance which is available on our website here, or you can get in touch with the Advisory Service* for a free, confidential non-binding view here.

(* the Advisory Service unfortunately cannot help with the weather).

Alcohol is sold every day in shops and supermarkets across the UK. Our event provided an opportunity for retailers to share their best practice and show how this is done responsibly.

In the fourth session of our Taking Responsibility Seminar series, we heard from retail experts on the systems deployed by retailers to ensure that alcohol is sold responsibly. We were delighted to hear from Hardish Purewal, Chair of the Retail of Alcohol Standards Group (RASG) and Licensing Manager at Tesco, and Neil Eccles, Senior Licensing Manager at Asda.

Setting the standard through RASG

Hardish Purewal provided an overview of the Retail of Alcohol Standards Group (RASG), which was founded in 2005 and aims to reduce underage drinking and promote high standards among alcohol retailers. RASG consists of all of the leading alcohol retailers in the UK.

The group is devoted to ensuring alcohol is sold responsibly, especially not to under-18s through its Challenge 25 scheme . Since 2009 Challenge 25 has helped retail workers avoid selling to under-age customers by requesting ID from anyone who is or may look under 25.

Alongside this, RASG has put together training and a factsheet to help retailers pick up the signs of a proxy sale.

One of RASG’s biggest successes has been working with Community Alcohol Partnerships (CAP). CAP brings together local retailers & licensees, trading standards, police, health services, education providers and other local stakeholders, to support young people and prevent alcohol harm. You can read more about them in our blog detailing their work here.

RASG has also issued guidance for retailers to help them ensure alcohol is sold properly and responsibly. This has included advice on where alcohol is placed in store, how to respond to illicit sales of alcohol, spotting fake IDs, and how to adopt the Challenge 25 policy. It’s about setting the standard for retailers and ensuring they are well supported.

As the pandemic hit, more consumers moved to online purchasing. This prompted RASG to issue online guidance for the first time in 2021. This helps ensure alcohol is sold responsibly online as well as in store, not to under-18s or vulnerable consumers.

With great power comes great responsibility

Neil Eccles spoke to how Asda puts the standards set by RASG and the Portman Group into practice. “It is a privilege to sell to millions each week, and retailers must act responsibly as they serve these customers.”

More can be done to tackle alcohol misuse in the UK, and Asda deploys several measures in its stores. This includes the 2010 promise that alcohol sales are never below the cost of duty and VAT, alongside stocking a market-leading range of low and no beers and wines and removing high strength alcohol from shelves. Asda are also active members of RASG,  help to fund Drinkaware, support and sit on the board of CAP, and organise 100 store activities during Dry January to help consumers monitor their alcohol consumption.

Asda also has a dedicated beer, spirits and wine compliance manager who provides internal guidance for buying teams, including Portman Group Retailer Alert Bulletins and Challenge 25 messaging. When it comes to Portman Group’s Retailer Alert Bulletins (RABs), Asda ensures these are actioned as quickly and efficiently as possible. Asda operates across the UK, and it is important to be compliant with the various legislation which is different in every nation. Neil emphasised Asda’s guiding belief – doing the right thing – is especially the case with alcohol, which should never encourage immoderate or irresponsibly drinking, and adhere to the Portman Group’s Code.

For updates, keep checking the website and our Twitter feed, @PortmanGroup. If you have any questions on the seminar or the issues discussed, please contact info@portmangroup.org.uk

To find out more about RASG, click here.

To learn more about CAP, click here.

With thousands set to enjoy a long bank holiday weekend away from work, getting out and about between Thursday 2^nd and Sunday 5^th June, it presents the perfect opportunity for brands to promote alcoholic drinks through sampling. Whether it’s the usual fan favourite or an innovative new flavour, promotional sampling can be a great way for brands to engage with consumers.

To ensure that you run your sampling in a socially responsible way, and to avoid falling foul of the Code, you should bear in mind our top tips:

1. How much?

When providing consumers samples, it’s important that you consider how much to provide.  It should be just enough for consumers to assess the taste and quality of the product and we’d therefore suggest that individual sample sizes are no more than 1.5 units in the on-trade and 0.5 units off-trade. The reason for the difference is that most people visiting the on-trade will be there to consume alcohol. As best practice, your sampling staff should be able to offer information about both ABV and the number of units in a sample. You should also have responsible drinking messages on display.

2. Wow, you don’t look 25!?

It’s paramount that alcohol samples are only ever provided to those who are over-18, and you should ensure that appropriate ID is provided by anyone who you suspect may not be. You may think about employing a challenge 25 scheme, where anyone who is lucky enough to appear to be under-25 is age checked.

3. The right kind of appeal

We know that alcohol producers want their products to be enjoyed by adults in a responsible manner, but from time to time they can inadvertently breach the Code by having a particular appeal to under-18s. When running a sampling event, think about every element of the activity from the name of the drink, the marketing materials and even where you may host an event! If it’s in a public place you should avoid using promotional equipment, materials or themes that are likely to have a particular appeal to under-18s.

4. Location, Location, Location

When organising your sampling event, make sure you pick a responsible location. Think about if people will likely be driving to and from that location and have drinking water freely available. You should also think about whether the location is a suitable place for people to sample alcohol. For instance, while we all hope for a sunny weekend, it wouldn’t be advisable to provide alcohol samples at a pool, in the gym, or any place where someone is likely to be doing an activity that would be irresponsible after consuming alcohol.

Anything else?

There is a lot to consider when running a sampling event, and we know it can be confusing! So why not read our sampling guidance or run your ideas past our Advisory Service. The Advisory Service provide a free, confidential, non-binding view under our Codes usually within 48 hours – so get in touch here!

The Portman Group has offered training on its Codes of Practice and responsible marketing standards for over 20 years. However, the way we work has fundamentally changed in recent years and we have adapted training to reflect this by producing evolving course material to engage and develop those who complete the course. We are pleased to announce that our training has now been relaunched and we are taking bookings for the coming year.

The training we provide is Continuing Professional Development (CPD) accredited, and attendees are awarded the Alcohol Marketing Accreditation certification upon completion.  The course will provide attendees with the most up to date information on alcohol marketing regulation and will train staff to approach marketing in a creative and socially responsible way.

Who can undertake training?

Training sessions are open to anyone with an interest in the alcohol industry. Typical attendees have included alcohol producers, trade associations, marketing agencies and university students studying marketing. Please feel free to get in touch and find out if training would be right for you.

What training do we offer?

The Portman Group offers three CPD certified training programmes.

General or Code Training – Our General training is designed to help alcohol producers and marketers gain a broad and thorough understanding of alcohol marketing regulation in the UK. The focus will be on the Portman Group and what we do but will explore the wider regulatory framework to provide a clear understanding of the remit of regulators in the UK in the context of alcohol. The training will explain the role of the Independent Complaints Panel (ICP) and the enforcement process and will provide an analysis of the Codes. This includes an in depth look at the Codes through case studies of real Panel decisions so that participants can engage and understand how the rules are applied.

The course is suitable for all newcomers to the alcohol industry or for those who want an in-depth understanding of the Codes and how they are applied through the Panel’s decisions.

The session lasts around two hours including time for questions.

Refresher Training – The refresher training is for those who already have an understanding of the Portman Group and the wider regulatory framework of the UK but want to refresh their understanding of the Code. It provides a less extensive recap of regulation, alongside the role of the ICP and how we enforce decisions. The training provides an in-depth look at the Codes through case studies of recent Panel decisions over the past couple of years so that participants can understand the type of complaints that have been considered and how the rules have been applied.

This session lasts approximately one hour including time for questions.

Bespoke Training or Bespoke Alcohol Regulation Training – This training is created bespoke for you and can have focus on whatever elements you think would be most valuable. For example, we can include more case studies about specific Code rules, or spend more time on different types of activities for example promotions and sampling, rather than packaging. Alongside this it also provides a comprehensive summary of current regulatory policy and the Codes of Practice.

Those who want to undertake this training have the opportunity to discuss beforehand what they want the training to focus on and we can offer advice about specific products or ideas. Depending on the request, this session could last between one and two hours.

Is there a cost?

Training is free to all Portman Group members. It is our intention to ensure that all producers are able to access support. We do not want training costs to be prohibitive so specifically created for small or start-up producers, and launching in 2022, we have created a free introductory session.

Our rates card for all other charges:

What is the introductory training?

The introductory training session provides an overview of who we are, our remit, the Code rules, the complaints process, and Panel precedent setting decisions.

This is a free, 20-minute pre-recorded webinar and is perfect for smaller producers and start-ups. Whilst not CPD certified, it will help give you an understanding of the Portman Group and its purpose, along with providing a look at a couple of case studies of real decisions made by the Panel.

Why should I undertake Portman Group training?

As the self-regulator of the naming, packaging, promotion and sponsorship of alcoholic drinks in the UK, we have over 25 years of experience when it comes to ensuring that alcohol marketing is socially responsible. Our training provides you with an overview of the Codes of Practice and the decisions made by the Panel which will help you ensure your marketing is socially responsible and will allow you to ask any questions that you might have.

Your staff will gain CPD accredited training hours and will achieve our Alcohol Marketing Accreditation – essential for those working in alcohol marketing.

If you wish to undertake training, please contact training@portmangroup.org.uk.

Paula Smith, Head of Marketing, and Carolyn Jenkinson, Head of Charity Services at the Licensed Trade Charity

The importance of listening and staying agile as a charity

The Licensed Trade Charity (LTC) has been supporting people who work, or used to work, in the licensed drinks trade since 1793. In that time the help our customers (beneficiaries) need has changed many times. The most recent during COVID-19, a clear example of that, fast-paced, changing need.

Pandemic support

COVID-19’s impact on hospitality was well documented in the media. Our sector was hit hard, the first into lockdown and the last to re-open. Since the start of COVID-19 the Licensed Trade Charity is proud to have helped over 120,000 people and given over £3.3million in grants and services.

We have built good relationships with operators opening channels of communication that give our industry insight to shape our services, and in return sharing our own intel to support staff welfare planning within those organisations.

When COVID-19 hit, we listened and adapted, and made sure our services were relevant to the situation as it changed. So when the Government said that hospitality needed to close its doors, individuals working in the sector had no idea how they were going to pay their bills and lockdown started for many with immediate money worries. Our response was speedy.

What we did:

• We adapted our application process to ensure grants could be paid more quickly and launched a digital process to support that.
• We focused on short term hardship grants, given as digital shopping vouchers to enable people to buy food and necessities, and use their own money for rent and utility bills.
• We spoke to operators and offered our services to deliver their team member support funds and five took us up on the offer.
• We recruited colleagues who were furloughed in our schools to upscale the department and, in those first few months of lockdown, we processed almost 4,000 applications. This was a considerable uplift as prior to COVID-19 we processed an average of around 50 applications each month.

Protecting jobs

After the Government announced its plans for furlough and some level of financial stability was re-established for many, their focus changed to job security.  Many worried about losing their job, especially as at that time no-one knew how long it would be before hospitality would reopen.  Again, our response was speedy.

We partnered with several organisations – Hospitality Jobs UK (HJUK), CPL and Renovo – to deliver employment support services

In collaboration with Hospitality Jobs UK we created webinars that offered advice on CV writing, interview skills and job search. With CPL we offered training packages to update skills, and with HJUK and Renovo we provided intensive job search support for those who lost their job and needed help securing another.

Promoting mental well-being

As the sector moved into 2021 and settled into the next lockdown we saw an increase in calls for help with mental well-being.

Prior to the pandemic, 40% of calls to our helpline were for emotional support with 60% for practical guidance. In 2021, we reported a massive shift with almost 70% of calls for emotional help and access to our counselling services.

We have offered in the moment emotional support through our helpline for a long time and, if needed, subsequent telephone face to face counselling.

In this third wave of changing needs, we saw couples, families and housemates spending more time together than ever before during lockdown, putting a strain on many relationships.

In response to feedback we introduced couples and children’s counselling through our partnership with Relate and the demand for those services has been greater than expected.

Since 2019 we have been delivering mental health training for licensed drinks trade managers, supervisors and team leaders. These were delivered, free of charge, as one day, in person sessions to give those leaders the confidence to support their teams. We adapted those to run (still free of charge) as 2-hour online sessions that focus on first the most common mental health issues and second, practical hints and tips on managing conversations about mental wellbeing with staff and where to signpost.

Launching our app

We also launched the licensed trade charity app. Free to download, it has recognised that people who work in hospitality are busy, and for many supporting their own financial, physical and emotional well-being is low on their list of priorities

The app gives users direct access to our support, in their pocket, at a time that suits them. With one touch they can access our helpline and speak directly to an information specialist or a counsellor.

Looking ahead

Speaking and listening to operators and individuals gives us a unique and valuable insight into the challenges people in this sector face.

We are passionate about what we do. Our first and most important objective is always to reach more people that could benefit from our help. We are honest. If we do not have a service or we cannot help an individual we will say so, but you can bet we will do everything we can to find a way to help and we are proud of the relationships we have built and the work that we do.

We are #ProudToBeLicensedTradeCharity

Written by Paula Smith, Head of Marketing

Licensed Trade Charity

Matt Lambert, CEO of the Portman Group – the alcohol social responsibility body and marketing regulator said:

“Public Health Scotland’s latest data reaffirms a body of research that shows overall alcohol consumption fell during 2020.

“Yet in contrast alcohol-related deaths tragically increased which may in part be due to the heaviest drinkers finding it harder to access support. There is a duty of care to now focus on targeted measures for the minority, those who were already drinking at the heaviest and most harmful rates, who then increased their drinking as the impact of the pandemic compounded existing problems.

“Finally, we would be interested to understand why this report focuses on alcohol sales while downplaying the Scottish Government’s own studies on actual alcohol consumption that shows a persistent fall in drinking rates for over a decade. With the majority of people in Scotland drinking an average of 12.1 units a week, below the CMO low risk guidelines of 14 units per week, it is important to view drinking rates accurately and address this within policy making.”

Data: Scottish Government Health Survey https://scotland.shinyapps.io/sg-scottish-health-survey/ shows the average alcohol consumption in 12.1 units a week compared to the CMO low risk guidelines of 14 units per week.

Our latest research report provides an in-depth look at the Portman Group’s fourth annual survey exploring UK consumer attitudes to low and no alcohol. It highlights a significant increase in the popularity of these products across adults of all ages.

The Portman Group once again partnered with the market research company YouGov, to commission an online poll of 2,079 adults from across the UK online between 9 and 10 December 2021. The results show that:

• Use of low and no products is driven by current alcohol drinkers, with close to three-quarters (72%) at least trying these products, compared to only 38% of non-drinkers.
• One in five (20%) of those who have tried low and no alcohol say they are more likely to drink these products now compared to a year ago, almost double the number saying this in last year’s survey (11%).
• Over a quarter (26%) of those who have tried low and no alcohol say that their subsequent weekly alcohol consumption has decreased since they first tried it.
• The most cited reasons for the appeal of low and no alcohol to consumers are that it enables them to drive home and not drink excessively at social events.

Becoming an everyday product or The pandemic catalyst?

With semi-regular drinkers increasing from nearly one in four to one in three in just a year we can say that this is increasingly an everyday product.  These results build on the positive results from previous years to show that low and no alcohol is fast becoming a regular feature in consumers shopping baskets. The results also suggest that the ongoing COVID-19 pandemic may have accelerated existing consumer trends toward these products as well as increasing moderation in the UK population.

This reflects previous survey data suggesting that a significant number of drinkers have cut their alcohol consumption since the start of the pandemic, with a Portman Group analysis of 33 publicly available polls taken since March 2020 suggesting that over a quarter (26%) of overall respondents reported they were drinking less [1]. To see the full analysis click here.

Our latest evidence also bolsters the results from the last four years suggesting that consumers of alcohol alternatives are buying these products as part of a responsible approach to drinking. The key reasons cited are the ability to drive home safely or using them to moderate and not drink to excess. This underscores how these products could play an important role in tackling wider alcohol-related harm, such as drink driving, and aiding people in staying within the Chief Medical Officer low-risk guidelines of 14 units per week.

Understandably there is increased attention on the low and no category in January as people participate in a monthly abstention from alcohol, with separate YouGov data suggesting that one in eight (12%) of UK drinkers would participate in Dry January [2]. Alcohol alternatives are predicted to play a key role, with the British Beer and Pub Association expect that 7.8 million pints of low and no beer will be sold this month [3].

However, low and no alcohol sales occur year-round. Survey data from consumer behaviour specialists Oxford Partnership Market Watch suggested that 63% of UK pub-goers opted for a

low or no alcohol alternative whilst watching a match during last year’s UEFA Football Championship [4], whilst Tesco predicted that around a quarter of UK adults would drink only low or no alcohol drinks this recent Christmas [5].

This increase in reported consumption in surveys is reflected in the sales data. Market analyst Kantar suggests that low and no alcohol sales doubled in 2020/21 to £217 million[6]. The significant expansion of the low and no alcohol category in the UK is also predicted to continue, with the international drinks analysts IWSR expecting an increase in sales to £558m by 2024 [7].

The upcoming UK Government consultation on low and no product descriptors represents an important opportunity to provide further clarity to both producers and consumers alike, aiding the Government’s stated ambition to significantly grow the sector by 2025 [8].

Portman Group and low and no in 2022

It was the alcohol sector who saw the opportunity to create products with lower or no alcohol but with all of the taste. We anticipate that small and large producers will continue to invest and innovate, bringing their creativity and imagination to craft this growing category. They will build on consumer demand for these products and increase their availability.

The Portman Group will maintain its work with the sector, from producers, retailers, publicans and consumer groups, as well as the Government to help build connections and encourage development of the low and no category.

Click here to read the report.

* Use of the term ‘semi-regular drinkers’ refers to those who either ‘often’ or ‘sometimes’ drink low and no alcohol products.

All figures, unless otherwise stated, are from YouGov Plc. The 2021 survey was conducted by YouGov on behalf of the Portman Group. Fieldwork was undertaken on 9th-10th December 2021 and involved a total sample size of 2,079 adults. The survey was carried out online. The figures have been weighted and are representative of all UK adults (aged 18+).

In the 2020 survey, the total sample size was 2,100 adults. Fieldwork was undertaken between 14th – 15th December 2020.  The survey was carried out online. The figures have been weighted and are representative of all UK adults (aged 18+).

[1] Portman Group: Moderate majority continues throughout lockdowns and beyond, April 2021

[2] YouGov: One in eight drinkers plan to try and stay sober for the month, December 2021

[3] British Beer and Pub Association: 7.8 million pints of low and no alcohol beer will be sold this January, January 2022

[4] FMCG Magazine: Increase in sales of low and non-alcohol drinks in pubs during Euros, July 2021

[5] The Observer: Are you dreaming of a booze-free Christmas, December 2021

[6] The Grocer: Low and no alcohol category report 2021, April 2021

[7] The Observer: Are you dreaming of a booze-free Christmas, December 2021

[8] Department of Health and Social Care: Advancing our health – prevention in the 2020s, July 2019

2021 was a significant year for the Portman Group and the Independent Complaints Panel. We celebrated 25 years of the Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks, during which the self-regulatory framework has proven to consistently deliver efficient regulation and protect under-18s and vulnerable consumers from irresponsible alcohol marketing.

The culmination of our celebrations was the release of our report, 25 Years of Responsible Alcohol Regulation: a Spotlight on 2021. It delves into the Portman Group’s work as a regulator for the past year and reflects on the history of 25 years of the Code.

25 Years of the Code

The Code has worked effectively, responsively, and inexpensively. Since the Code was first published in 1996:

Many hundreds of additional products have been helped to adhere to the Code before appearing on shelves. This has been thanks to our free Advisory service and training team.

There have been five updates to the Code over 25 years, responding to changes in public attitudes and expanding its reach. An extensive public consultation occurs when we revise the Code. In creating the sixth and most recent update of the Code in 2019, we took advice from a range of organisations including: Public Health England, the Home Office, ASA and CAP, Alcohol Concern, British Beer and Pubs Association, Scotch Whiskey Association, Campaign for Real Ale, and the Society of Independent Brewers.

This has all occurred without recourse to Government or Parliamentary time, and these regular updates ensure that our regulation remains effective and efficient. 14 of the leading members of the industry fund the model for all to be protected and at no cost to the public purse.

A spotlight on 2021

Again in 2021, the Advisory Service was predominantly used by non-member companies showing the widespread understanding of the importance of adhering to the Code and the industry best practice. This is reassuring, and reinforces the commitment of members who are leading the industry in ensuring that the sector is responsible. Their support ensures that the Advisory Service is funded to benefit the whole of the sector, and often those who are the smallest producers.

In 2021, 16 rulings were made by the Independent Complaints Panel (Panel).

Of these decisions, 43% were considered under Code rule 3.1 (communication of alcoholic nature with absolute clarity). While considered, only a quarter of these complaints were upheld. The Panel also made three precedent setting decisions under the Code rule 3.3 (serious or widespread offence) regarding the derogatory depiction of women, mental health and the use of profanity.

The year saw a significant number of complaints under the particular appeal to under-18s rule, reflecting the fact that our primary purpose as a regulator has fundamentally been the same for 25 years; to protect consumers, particularly those who are under-18. The cases that the Panel have considered this year continue to demonstrate why our work remains pertinent and necessary. This was also the most popular Code rule to seek advice on how to ensure that the product marketing was compliant with 16% of cases considered under this rule.

And finally, we only issued one Retail Alert Bulletin in 2021 for Colorado High. The majority of producers all worked voluntarily with the Advisory Service to make changes to products in the shortest timeframe possible.

Looking forward

We look forward to another 25 years of regulating marketing for the alcohol industry. We know it is incumbent on us to continue to adapt with societal changes and expectations, and that we craft regulations that ensure that the sector is responsible, without stifling creativity. Everyday our Advisory and Training teams will be speaking with producers, helping them to embed the Codes’ rules and principles into their marketing. If you are looking for more information on the support we can offer contact advice@portmangroup.org.uk.

To read the full report click here.

Nicola Williams marks one year as the Independent Complaints Panel’s Chair

The third session of our Taking Responsibility Seminars series involved an informal conversation between Nicola Williams, Independent Complaints Panel (Panel) Chair, and Portman Group CEO, Matt Lambert, reflecting on Nicola’s first year as Chair of the Panel.

As Chair, Nicola has presided over a number of precedent setting decisions on the application of the serious or widespread offence rule, Cannabidiol (CBD), the product descriptor ‘spritz’ and many considerations under the rule concerning particular appeal to under-18s.  She reflected on these, her experience of the industry, the operation of the Panel, and areas producers should be mindful of in their marketing.

Panel independence

Matt kicked off the discussion by asking what initially attracted Nicola to the role. Nicola explained that she was aware the Portman Group was a well-regarded self-regulatory body and that the Panel play a vital role in this self-regulatory framework. This piqued her interest and after further investigation she knew that she could add value in maintaining the independence of the Panel.

Responding to anyone who questions this independence, as a Crown Court judge, Nicola would not accept a role to Chair an independent body that was not independent. While the Portman Group secretariat support the Panel’s work, they do not take part in discussions or make decisions during any part of the complaints process.

Nicola also remarked on the importance of having a diverse panel, who bring a wide range of experience and expertise. Each Panel member brings their own unique interpretation to a case and is prepared to articulate these opinions while also respecting the views of others. Three new Panel members have recently been recruited (watch this space to find out who) and will start at the beginning of February 2022.

Industry adherence

Nicola praised the industry’s general adherence to the Codes. Given that the Portman Group only had to issue one Retailer Alert Bulletin in 2021, out of 11 upheld cases, it was clear that the majority of the industry take the Codes seriously and are willing to work with the Advisory Service to keep products on shelves.

The Codes are enhanced by the guidance the Portman Group drafts based on the interpretation and discussion of the Panel. This helps the industry adhere to the Codes and assists the Panel in its decision making. Equally, the Code needs to be fit for purpose and must be kept up to date to ensure it reflects inevitable shifts in public opinion. The Code benefits from regular public consultations so that it has wide input from industry, government, trade associations and other bodies.

Nicola acknowledged that a high proportion of cases the Panel had considered in 2021 were against small producers and urged the Portman Group to do more to support those in the industry who were less familiar with the Codes. Matt welcomed the continued challenge and explained that the Portman Group was looking to develop the support that it already offers to the industry. More than four in five advice requests came from non-members or Code signatories in 2021 (25 Years of Responsible Alcohol Regulation: a Spotlight on 2021) which demonstrates the reach and support to the whole sector that Portman Group provides.

New rules, new challenges

In 2019, the Code had a significant review resulting in an updated principle, new rules and amendments. This included a new rule to prevent serious or widespread offence. Nicola remarked on the importance of this new addition to the Code as it has allowed the Panel to consider important issues including the derogatory depiction of women, mental health issues and the use of profanity, and led to complaints against three products being upheld. 

This year also saw a large number of cases considered under the particular appeal to under-18s rule. It is a timely reminder for producers to consider the overall impression conveyed by a product as well as its individual elements when designing packaging. Matt and Nicola highlighted the importance of the Portman Group’s free Advisory Service which is accessible to the entire industry and provides confidential and impartial advice. It is an opportunity for producers to obtain advice ahead of launching a product and strongly encouraged the industry to do so in order to minimise the risk of accidentally breaching the Code. Also, small producers are able to access free CPD accredited training.

This was the third event in our Taking Responsibility series and we will be planning further events in 2022. For updates, keep checking the website and our Twitter feed, @PortmanGroup. If you have any questions on the seminar or the issues discussed, please contact info@portmangroup.org.uk