drinks-promo-law

---
name: drinks-promo-law
description: Takes a drinks offer you are about to run and tests it against the five activities the mandatory licence conditions prohibit, the price floor set by duty plus VAT, and the advertising rules on promotions, then returns the offer with the parts that breach struck out, the rule that struck each one, and wording you can actually put on the board. Use before a bottomless brunch, a two for one, a happy hour, a prize draw or anything with the word unlimited in it.
---

# Run the offer, keep the licence

You give this the offer in your own words, the mechanic, the hours, the drinks it covers, the price, and any wording or artwork already drafted. You get back one dated file: the offer restated precisely, a test against each of the five prohibited activities with the statutory wording beside it, the permitted price floor for every drink in the offer, the promotional wording rewritten or struck with the rule that struck it, and a numbered list of what must change before it runs. It will not tell you the offer is lawful, because that is your licensing officer's call and your solicitor's, and it says so on the front page.

## What it does

1. **Restate the offer in one sentence, then list the mechanic separately.** What is being sold, to whom, between which hours, on which days, at what price, for how long the promotion runs, and what the customer has to do to get it. The mechanic is the part that breaches, not the discount: "two for one" is a mechanic, "£4 pints" is a price. Then list every drink the offer touches with its ABV and serve size, because steps 6 and 7 need them. An offer described loosely passes every test here and fails the only one that matters, which is the one applied by somebody standing in your bar on a Friday night.

2. **Test it against the first prohibited activity: speed and quantity drinking games.** The mandatory condition, as substituted with effect from 1 October 2014, prohibits "games or other activities which require or encourage, or are designed to require or encourage, individuals to (i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or (ii) drink as much alcohol as possible (whether within a time limit or otherwise)". The Home Office guidance names the obvious case, "organised 'drink downing' competitions", and rescues the ordinary one: this "would not prevent the responsible person from requiring all drinks to be consumed or abandoned at, or before, the closing time of the premises".

3. **Test the second: unlimited or unspecified quantities.** The condition prohibits "provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective". Two things in that sentence do work. "A group defined by a particular characteristic" catches free drinks for women before nine. And the qualifier at the end is real: the guidance says "A common sense approach is encouraged, which may include specifying the quantity of alcohol included in it or not targeting a group which could become more vulnerable or present a greater risk of crime and disorder as a result of excessive alcohol consumption." The fix for a bottomless offer is usually to specify the quantity rather than to cancel it.

4. **Test the third and fourth: prizes, and posters.** The condition prohibits "provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective", and the guidance gives worked examples: "'Buy one and get two free' and 'Buy one cocktail and get a second cocktail for 25p'". Separately it prohibits "selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti social behaviour or to refer to the effects of drunkenness in any favourable manner". The A-board is part of the offer, and it is the part still outside at eleven when nobody is checking it.

5. **Test the fifth, and the two conditions that sit beside these.** The fifth prohibited activity is "dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability)", which the guidance illustrates with "drinking games such as the 'dentist's chair'" and adds that it "may also prevent a premises from allowing another body to promote its products by employing someone to dispense alcohol directly into customers' mouths". Then two conditions that apply whatever the offer: free potable water on request where it is reasonably available, and the requirement that half pints, 25ml or 35ml spirit measures and 125ml wine be available, displayed in printed material, and mentioned to a customer who does not specify a size.

6. **Set the price floor, per drink, before you agree the discount.** A separate mandatory condition provides that "no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price", and defines the permitted price by a formula in which "D is the amount of duty chargeable in relation to the alcohol" and "V is the rate of value added tax chargeable", with the result "rounded up to the nearest penny". The Order's explanatory note puts it in words: the aggregate of the duty chargeable on the date of sale "and the amount of that duty multiplied by a percentage which represents the rate of VAT chargeable". The guidance confirms promotions themselves are fine: "It is still permitted to sell alcohol using promotions (as long as they are compatible with any other licensing condition that may be in force), and the relevant person should ensure that the price of the alcohol is not less than the permitted price." Where duty or VAT changes, the permitted price should reflect the new rates within fourteen days.

7. **Now test the advertising, which is a separate regulator with separate teeth.** CAP Code rule 18.10 states that "Marketing communications that include a promotion must not imply, condone or encourage excessive consumption of alcohol", and rule 18.1 that they "must be socially responsible and must contain nothing that is likely to lead people to adopt styles of drinking that are unwise". CAP's own advice on alcohol promotions adds the promotional rule 8.5, "Promotions must not be socially undesirable to the audience addressed by encouraging excessive consumption or irresponsible use", and reports an upheld 2018 ruling about a restaurant menu's "barrow of booze" where "a party of 15 equated to 12 units per person in one sitting, which the ASA considered excessive when taking official health guidelines into account". Do that arithmetic for your own offer before somebody else does.

8. **Read the wording for what it implies, not for what it says.** A single word can carry the breach. In its ruling on Sazerac UK Ltd t/a Hi-Spirits, published 1 April 2026, the ASA considered a bus stop poster stating "FIREBALL" and "GO FOR THE DOUBLE!" beside a dartboard and two full shot glasses. The advertiser's defence was that the phrase was a darts expression. The ASA upheld the complaint: "We considered that 'double' was a widely used term in relation to spirits, and that most consumers would commonly understand that it referred to a double measurement of alcohol", and concluded that "Regardless of the number of units being consumed, we considered that the overall impression encouraged excessive drinking." Test every headline the same way: what is the second meaning, and does the second meaning sell a bigger drink.

9. **Finish with the things that are not in the mandatory conditions at all, and date the file.** Three of them. Promotional terms belong to Section 8 of the CAP Code, so the closing date, the entry restrictions and availability all have to be stated and honoured. The rules are different in Scotland and Northern Ireland: CAP records that "The Alcohol etc. (Scotland) Act 2010 introduced a number of restrictions on discounts and special offers related to alcohol products", that "from 6 April 2023, marketers in Northern Ireland are not able to offer loyalty schemes (collection or redemption of points) on alcohol (0.5% ABV or above)", and that promoters "are urged to seek legal advice" on both. And if the offer involves a producer's branding, the Portman Group Code reaches retailer activity where it is "part of any co-promotional activity that has the approval or support of the producer". Date the file, name who signed it off, and keep the artwork with it.

## Then it checks

1. The offer is restated in one sentence with the mechanic listed separately, and every drink it covers appears with its ABV and serve size.
2. Each of the five prohibited activities has an explicit pass or fail against this offer, with the statutory wording quoted beside the fail, and no activity is left unaddressed.
3. Every drink in the offer has a permitted price figure with the duty and VAT rates used, and the offer price is shown against it, with any offer price below the floor struck rather than flagged.
4. Every piece of wording and artwork in the offer, including the A-board, the tap card, the table card and the social post, has been read and recorded, and every struck sentence carries the rule or ruling number that struck it.
5. The file states the maximum number of units the offer invites one customer to drink, with the arithmetic shown, and states which drinks and serve sizes that figure assumes.
6. The file names the nation the premises is in, and where it is Scotland or Northern Ireland it says the offer has not been tested against that nation's own restrictions and must be before it runs.

Any check fails: name it, redo that step once. Failed twice: say what is wrong and stop.

## Rules
- Public information only.
- Never invent a fact, a number or a quote.
- Anything sent in someone's name says whose name it is.
- Never tell an owner that an offer is lawful, compliant, or that it will not attract a review. The mandatory conditions are enforced by the licensing authority and the police, breach of a licence condition is a criminal offence, and an owner told "you are fine" by a document stops asking the people who could actually tell them.
- Never fix a breach by rewording the advertisement while leaving the mechanic in place. If the offer encourages people to drink a lot quickly, changing the poster changes the evidence, not the offer.
- Never state a redemption rate, an uplift figure, a typical spend per head on promotions or any other benchmark. No such figure exists for one independent venue.
- Never design an offer around a quantity that has not been specified. "Unlimited", "as much as you like", "bottomless" and "free bar" all need a stated quantity, a stated time, or both, before they go anywhere near a board.
- Never treat a producer's own artwork as pre-cleared. Where it carries the producer's approval or support it is co-promotional activity, and the venue is still the one whose name is on the licence.
- This output is a working document prepared for the owner's licensing officer, solicitor or trade body to check before the offer runs. It applies published licence conditions and published advertising rules to a draft offer; it is not legal advice, it is not a licensing decision, and it does not certify compliance with anything.

## Built from
- The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014, SI 2014/2440, Schedule, https://www.legislation.gov.uk/uksi/2014/2440/made, made 11 September 2014 and in force 1 October 2014, read 16 September 2026: the substituted Schedule quoted in steps 2 to 5, which is the current wording of the five prohibited activities, the water condition and the measures condition.
- The Licensing Act 2003 (Mandatory Conditions) Order 2014, SI 2014/1252, Schedule, https://www.legislation.gov.uk/uksi/2014/1252/made, made 14 May 2014, read 16 September 2026: the permitted price condition, the duty plus VAT formula, the rounding rule and the fourteen day rule in step 6.
- Home Office, "Revised guidance issued under section 182 of the Licensing Act 2003 (September 2026) - accessible version", https://www.gov.uk/government/publications/explanatory-memorandum-revised-guidance-issued-under-s-182-of-licensing-act-2003/revised-guidance-issued-under-section-182-of-the-licensing-act-2003-september-2026-accessible-version, page published 13 October 2014 and last updated 15 September 2026, read 16 September 2026: paragraphs 10.39 to 10.44 on drinking games, quantities, prizes, posters and dispensing into the mouth, and 10.73 on promotions and the permitted price.
- Committee of Advertising Practice, CAP Code (Edition 12), Section 18 "Alcohol", https://www.asa.org.uk/type/non_broadcast/code_section/18.html, no publication date shown on the page, read 16 September 2026: rules 18.1 and 18.10 in step 7.
- Committee of Advertising Practice, "Alcohol: Promotional marketing", AdviceOnline, https://www.asa.org.uk/advice-online/alcohol-promotional-marketing.html, dated 28 July 2025 on the page, read 16 September 2026: rule 8.5, the Epic Pub Company twelve units example in step 7, and the Scotland and Northern Ireland restrictions in step 9.
- Advertising Standards Authority, "ASA Ruling on Sazerac UK Ltd t/a Hi-Spirits", complaint ref A26-1325564, https://www.asa.org.uk/rulings/sazerac-uk-ltd-a26-1325564-sazerac-uk-ltd.html, published 1 April 2026, ad seen January 2026, read 16 September 2026: the double entendre reasoning and the overall impression test in step 8.
- The Portman Group, "Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks, Sixth Edition (Amended)", https://portmangroup21.wpenginepowered.com/wp-content/uploads/2023/11/Portman-Group-NPP-Sixth-Edition-Amended.pdf, no publication date shown on the document, read 16 September 2026: paragraph 1.4 and definition 2.4 on co-promotional activity in step 9.

# drinks-promo-law

## You are given
One drinks offer for a UK hospitality venue, described in the owner's own words, together with the mechanic, the days and hours it runs, the first and last dates, and the price. A list of every drink the offer covers, each with its ABV, serve size in millilitres or pints, full price and offer price. Every piece of wording and artwork drafted for the offer, exactly as it will appear, with a note of where each will be displayed. The nation the premises is in. The statutory wording of the five prohibited activities, the water condition, the measures condition and the permitted price condition, supplied as text. The Alcohol Duty rates and the VAT rate in force, supplied with the dates they took effect. The advertising rule numbers and rule text, supplied. And, once the judgement has been made, Claude's pass or fail against each prohibited activity, the struck sentences with the rule that struck each, and any approved replacement wording.

## Produce
Write into a `./drinks-promo-law-output/` folder:

1. `offer-statement.md` with exactly six lines: the offer in one sentence as supplied, the mechanic, the days and hours, the first and last date, the nation, and the person who signed it off. Copied verbatim from the input. Any line with nothing supplied is written as the literal text `not supplied` and listed in `gaps.md`.
2. `prohibited-activity-tests.csv` with these columns in this order: `test_no`, `prohibited_activity_name`, `statutory_wording_verbatim`, `result`, `what_in_the_offer_triggers_it`, `qualifier_applies`. Exactly five rows, in this order of `prohibited_activity_name`: `speed or quantity drinking games`, `unlimited or unspecified quantities`, `free or discounted alcohol or other thing as a prize`, `posters or flyers condoning or glamorising`, `dispensing directly into the mouth`. `result` is exactly one of `pass`, `fail`, `cannot test`. `qualifier_applies` is exactly one of `significant risk of undermining a licensing objective`, `not qualified`, `not applicable`.
3. `price-floor.csv` with columns: `drink_no`, `drink_name`, `abv_percent`, `serve_ml`, `litres_of_pure_alcohol_in_serve`, `duty_rate_gbp_per_litre_alcohol`, `duty_in_serve_gbp`, `vat_rate_percent`, `permitted_price_gbp`, `full_price_gbp`, `offer_price_gbp`, `offer_price_below_permitted_price`, `rates_effective_date`. `permitted_price_gbp` is the duty in the serve plus that duty multiplied by the VAT rate, rounded up to the nearest penny. `offer_price_below_permitted_price` is `yes` or `no`, and every `yes` is listed in `gaps.md`.
4. `wording-check.csv` with columns: `item_no`, `where_it_will_appear`, `wording_verbatim`, `second_meaning_noted`, `trigger`, `rule_or_ruling_cited`, `status`. `trigger` is exactly one of `implies, condones or encourages excessive consumption`, `refers to the effects of drunkenness favourably`, `condones or glamorises anti-social behaviour`, `promotes a larger measure as preferable`, `unspecified quantity`, `no closing date stated`, `no entry restriction stated`, `appeals to under 18s`, `no trigger found`. `status` is exactly `kept` or `struck`, and every `struck` row carries a non-empty `rule_or_ruling_cited`.
5. `units-exposure.md` showing, for the offer as written, the maximum number of UK units one customer is invited to consume, with the arithmetic shown line by line, the drinks and serve sizes it assumes, and the duration over which it assumes they are consumed. Units are ABV multiplied by millilitres divided by 1000. Nothing in this file is compared to any guideline figure unless that figure was supplied.
6. `changes-required.md` as a numbered list of every change that must be made before the offer runs, each naming the file and row it came from, the rule or condition behind it, and the approved replacement wording where Claude supplied one. Where no replacement was supplied the item says so and the entry is repeated in `gaps.md`.
7. `gaps.md` with a numbered list of: every prohibited activity test marked `cannot test` and what input was missing; every drink with no ABV or no serve size; every drink priced below the permitted price; every struck sentence with no rule cited; every change with no approved replacement wording; the fact if the nation is Scotland or Northern Ireland and the offer has not been tested against that nation's own restrictions; and any artwork listed in the offer that was not supplied for checking.

## Rules
- Codex tests, calculates, records and lists. It never decides whether the offer is lawful, never writes replacement wording, never softens a struck sentence, and never marks a `fail` as a `pass` because a change has been proposed.
- Never write the words lawful, compliant, approved, cleared or safe to run into any file, about the offer or about any part of it.
- Never leave a prohibited activity untested. Where the input is missing, the result is `cannot test` and the missing input is named, never `pass`.
- The permitted price is calculated only from the supplied duty rate and supplied VAT rate, with the effective date recorded in every row, and rounded up to the nearest penny at the final step only. Never use a remembered rate and never round down.
- Never write a redemption rate, an uplift figure, a typical spend per head or any promotional benchmark. No such figure exists for one independent venue and none is to appear in any file.
- Every quoted sentence of the offer's own wording is copied exactly, including its punctuation, capitalisation and any emoji, and is never corrected, shortened or tidied.
- Artwork that was named but not supplied is recorded as unchecked in `gaps.md`, never assumed to be acceptable.
- Use British English, GBP and DD Month YYYY dates. No em dashes in any file you write, and any supplied wording containing one is recorded verbatim and flagged in `gaps.md`.
- Every file ends with this line: this is a working document prepared for the owner's licensing officer, solicitor or trade body to check before the offer runs. It applies supplied licence conditions and supplied advertising rules to a draft offer and is not legal advice, a licensing decision or a certificate of compliance.

## Return
The absolute path of each file written, the row count of each CSV, the result of each of the five prohibited activity tests with the trigger named for every fail, the number of drinks in the offer and how many are priced below the permitted price with the shortfall in pence for each, the number of wording items checked and the number struck with the trigger breakdown, the maximum units figure from `units-exposure.md` with the assumptions it used, the nation recorded in `offer-statement.md`, the count of changes required and how many have no approved replacement wording, and the `gaps.md` item count.