A Facebook post on the Creole Restaurant Facebook page stated:
“Creole is 3
Three cocktails for only €3 Happy Hour!!
And get 3 starters for the price of 2 this weekend till 7pm”
A chalkboard outside the restaurant also promoted the offer stating:
Happy Hour 5-7pm €3 Cocktails”
The complainant viewed the advertising and visited the restaurant. She was advised that the offer only applied with food purchases and she therefore considered the advertising to be misleading.
The advertiser stated that the offer in question was incorrectly printed on both the chalkboard and their Facebook page. They stated that it was the three year anniversary of their restaurant which had led to some confusion on the wording of the offer. They said that they would ensure that future offers are better explained and are clearer in regards to terms and conditions. They apologised for the confusion caused.
The advertiser confirmed that the offer should have stated “Happy Hour 3 Cocktails @ €3 each. With food purchase.”
The Complaints Committee considered the detail of the complaint and the advertisers’ response and noted what the correct wording of the offer should have been. While the Committee noted that the advertiser was a restaurant, as neither the Facebook post nor the chalkboard had referenced the requirement to purchase food, they did not consider it unreasonable for consumers to expect to be able to avail of the offer that had been advertised. In the circumstances they considered the advertising in breach of Section 2.24 of the Code.
The advertising should not appear in its current form again. The Committee also referred the advertiser to the requirements of the Intoxicating Liquor Act 1998 – 2003 for future advertisements.