Both amendments will come into force on 1 June 2019. The meaning of “noticeably visible” has been the focal point of abundant discussions. The explanatory memorandum of the Act sets out that visibility is an absolute concept and “noticeably visible” is a more flexible term, which expresses the aim that alcohol would be displayed less. These are concepts that will enforced further by administrative practice.
Display of alcohol prices at the point of sale Traders often turn to the Consumer Protection Board to get answers to questions concerning the sales price of alcohol, in particular, they want to know whether the sales price of alcoholic beverages may be displayed as the former price and the new price. According to subsection 43 (1) of the Alcohol Act, the selling price of alcoholic beverages has to be published during retail trade. According to subsection 43 (2) of the same Act, the selling price of alcoholic beverages is not allowed to be displayed in such a way that the former and new selling price of alcoholic beverage are simultaneously visible to the consumer. The Consumer Protection Board has also received questions regarding the display of prices at self-service registers – whether or not the self-service controller can provide both new and old prices for alcoholic beverages. The Consumer Protection Board found that the self-service controller could not be considered part of the register as fixation of a retail sale transaction of alcoholic beverages via a self-service controller does not allow the retailer to ensure that the requirements for restrictions on the consumption of alcoholic beverages are met. The requirements for selling alcoholic beverages are more stringent than, for example, those applied to the sale of food. Based on the information displayed on the self-service controller, the consumer has the opportunity to inspect the product and in case of doubt about the suitability of the product, the consumer is able to cancel the transaction. If it were an extension to the register, then it would be necessary to also verify sections 45, 46 and 47 of the Alcohol Act. 49