Public Health (Alcohol) Act 2018

Section 11 of the Public Health (Alcohol) Act 2018, prohibits the sale and/or advertisement or promotion of an alcohol product at a price below the minimum price of the alcohol product concerned.

What is Minimum Unit Pricing (MUP)?

Minimum unit pricing sets a minimum price of any alcoholic drink dependent on how much alcohol (in grams) is in it. Under minimum unit pricing, the lowest price that can be charged for a gram of alcohol is 10 cent.

How is MUP calculated?

Section 11 of the Act states that the MUP is worth €0.10 per gram. The minimum price of an alcohol product shall be calculated using the following formula: A x B = C

Where:

• A is the minimum price per gram of alcohol,
• B is the quantity in grams of alcohol contained in the alcohol product, and
• C is the minimum price of the alcohol product expressed in euro and cent. 

The quantity in grams of alcohol contained in an alcohol product shall be calculated using the following formula:

Volume in millilitres x alcohol strength (vol) x .789 = MUP in Euro and cents

Section 12 of the Public Health (Alcohol) Act 2018 requires alcohol product containers to provide the following warnings and health information as set out in Schedule 1 of the Regulations. Commencement date 22 May 2026. 

• A warning to inform the public of the danger of alcohol causing liver disease;
• A warning to inform the public of the danger of alcohol consumption when pregnant;
• A warning to inform the public of the direct link between alcohol and fatal cancers;
• The quantity of grams of alcohol contained in the product;
• The energy value expressed in kilojoules and kilocalories contained in the alcohol product,
• Details of a website run by the Health Service Executive providing information on alcohol and related harms.

Alcohol products sold in kegs or casks will have an accompanying document with the above information. Licensed premises will have a notice(s) in the legally prescribed form with above warnings and website information, confirming that a document noting the alcohol content and energy value of every product for sale in the premises is available on request. The above information will also be required to be displayed on any website that sells alcohol online.

These sections of the Act are dedicated to the restrictions of how alcohol is promoted. They primarily focus on restricting the content and placement advertisements that feature alcohol brands and products.

Since November 2019 the following promotional restrictions have commenced:

• Section 17 - Prohibits the manufacture for sale in the State, import for sale in the State, or sale in the State of clothing intended to be worn by a child, which promotes alcohol consumption or is branded with an alcohol product name, trademark, emblem, marketing image or logo.

• Section 14 - Advertising in Certain Places. Advertising of alcohol products are prohibited in parks and public open spaces, on public transport (vehicles and stations), within 200 metres of the perimeter of a school, playground or a child services location.

• Section 20 - Cinema Advertising. Alcohol products are only permitted to be advertised at screenings of movies with an over 18 certification. 

In November 2021 the following sections have commenced:

• Section 15 - During a sports event, a person shall not advertise, or cause to be advertised, an alcohol product in or on a sports area. This shall not be construed as prohibiting, during a sports event, a person in or on a sports area from wearing clothing containing the name, trademark or logo of any brand of alcohol product. A person shall not advertise, or cause to be advertised, an alcohol product -at an event aimed particularly at children, or at an event in relation to which the majority of participants or competitors are children.

• Section 16 - It shall be an offence for a person to sponsor or cause the sponsorship of an event in relation to which the majority of participants or competitors are children, an event aimed particularly at children, or an event that involves driving or racing mechanically propelled vehicles.

Since January 2025 the following section commenced: 

• Section 19 - Advertising watershed restrictions which will see a ban on alcohol advertising on television between the hours of 3am and 9pm with radio alcohol advertising banned between midnight and 10am or 3pm and midnight on a weekday. This section does not apply to non-alcohol products.

Commencement Order to be signed by Minister for Health, following which there will be a 1 year transition period:

• Section 18 - Advertising in Print Media, with the exception of trade publications, a maximum of 20% of advertising space in a publication can be devoted to alcohol products.

Commencement Order to be signed by Minister for Health, following which there will be a 1-3 year transition period:

• Section 13 - Content restrictions for all forms of advertising, this will include mandatory inclusion of adverts featuring cancer health warnings.

Section 22 of the Public Health (Alcohol) Act outlines how alcohol may be displayed and advertised within a mixed trade retailers such as supermarkets, convenience stores, and petrol stations selling alcohol.

From November 2020 mixed trade retailers can store alcohol products in a storage unit behind the counter at only one point of sale area and can also display and advertise alcohol products using one of the following three options:

• A separate area of the shop separated by a physical barrier which has a minimum height of not less than 1.2 metres and through which alcohol and advertisements for alcohol are not visible

or

• Enclosed adjacent storage units on the shop floor in which the products are not visible up to a minimum height of 1.5 metres

or

• A maximum of three adjacent units, each of 1 metre width and 2.2 metres high.

The HSE have prepared a guidance note on structural separation. 

The Public Health (Alcohol) Act includes a range of restrictions on drinks promotions within retail outlets. Regulations issued under Section 23 of the Public Health (Alcohol) Act prohibit the following from January 2021:

• The award of, or use of bonus or loyalty card points in relation to the sale of alcohol products.
• The sale and advertisement of alcohol products at a reduced price or free of charge when sold with one or more alcohol products or another product or service.
• The sale and advertisement of alcohol products at a reduced price for a period of three days or less.