A free branded cup with a drink: what the irresponsible promotions licence condition says in England and Wales

A branded cup handed over with a pint, a free cup for anyone who buys a round, a launch night where the first drinks come in a collectable design: these are drinks promotions as much as a price board is. In England and Wales, premises licences carry mandatory conditions, and the first of them concerns promotions. This article sets out what paragraph 1 of the Schedule to the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 says, and how a cup giveaway reads against it. The Schedule extends to England and Wales only. Scotland and Northern Ireland have their own licensing laws, which this article does not cover.

Where the condition comes from

Section 19A of the Licensing Act 2003 lets the Secretary of State specify by order conditions relating to the supply of alcohol that apply to relevant premises licences. Subsection (2) caps the number of such conditions in force at any time at nine. The conditions are set out in the Schedule to the 2010 Order, which was substituted on 1 October 2014 and has a later amendment dated 15 September 2026. That amendment concerns paragraph 3, on age verification, and not the paragraph on promotions. Section 19A and the Order are both marked as extending to England and Wales.

What paragraph 1 says

Paragraph 1(1) says the responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises. Paragraph 1(2) defines an irresponsible promotion as any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises:

- games or other activities which require or encourage, or are designed to require or encourage, individuals to 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 to drink as much alcohol as possible (whether within a time limit or otherwise); - 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; - 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; - 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; - 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.

The Order defines relevant premises and responsible person by reference to section 159 and section 153(4) of the Act. Those sections were not read for this article.

Where a cup giveaway reads against it

The Schedule does not mention cups. What follows is our reading.

The third item is the one a cup giveaway comes closest to, because it names free or discounted alcohol or any other thing given as a prize to encourage or reward buying and drinking alcohol over 24 hours or less. A branded cup handed to people who buy a set number of drinks in an evening is, in our reading, an other thing given to reward purchase. The item applies only where this is done in a manner which carries a significant risk of undermining a licensing objective. The Schedule does not say how that risk is judged for a cup, so a premises licence holder should take the view of the licensing authority before running one.

The second item is the one to watch if a cup is paired with a refill offer. A cup that entitles the holder to unlimited or unspecified quantities of alcohol for a fixed or discounted fee falls within its wording, subject to the same risk test. A reusable cup sold at a set price and refilled at the normal price of each drink does not read to us as unlimited or unspecified quantities, but the Schedule does not address it.

In our reading, two points follow from the wording. The condition is about staff conduct and the purpose of encouraging sales for consumption on the premises, so a cup given out where no alcohol is being sold falls outside what paragraph 1 describes. And the printed design can matter: the fourth item concerns promotional posters or flyers, and the Schedule does not say whether a cup counts as either.

Other conditions that touch cups

Paragraph 2 of the Schedule requires free potable water to be provided on request to customers where it is reasonably available, and paragraph 4 requires certain measures, including a half pint for beer or cider, to be available. Our guides to free drinking water and to the half pint measure cover them.

On the product side

The reusable event cups page lists printed pint and half pint cups for bars and venues, and the promotional cups page describes the same cups as reusable and made to be kept. For a venue that wants to hand cups out without hiring or owning a wash, the cup hire page describes collection and washing after the event. A cup design can be agreed before the promotion is, and a quote can be asked for with the numbers expected.

Where this stands

This was checked on 26 October 2026. The Schedule to the 2010 Order is shown with no known outstanding effects, and section 19A is up to date with changes known to be in force on or before 26 October 2026. Neither mentions cups, and the views of the licensing authority for the area are the practical test.