Published: 30 March 2021 by Solicitor, Suraj Desor
As well as making the drinks available in the above measures, customers must be made aware of the availability of these measures – for example, by making their availability clear on menus and price lists, and ensuring that these are displayed in a prominent place in the relevant premises (e.g. at the bar).
Customers must also be informed verbally of the availability of these smaller measures when, for example, the customer asks for ‘a beer’, ‘a whisky’ or ‘glass of wine’.
The above condition does not apply if the drinks in question are sold or supplied having been made up in advance ready for sale or supply in a securely closed container.
Weights and Measures legislation governs the legal requirements for the quantities that specific types of alcoholic drinks must be sold in. These apply to beer, lager, cider, gin, rum, vodka, whisky, wine, and fortified wines such as port and sherry.
You must only sell certain alcoholic drinks in approved measures. These are:
Draught Beer, Lager & Cider must be sold in measures of:
Note: These requirements do not apply when beer, lager or cider is mixed with other drinks for example a shandy.
Spirits- Gin, rum, vodka & whisky must be served by the glass in one of these quantities:
The same quantity (either 25ml or 35ml) must be sold in all bars of the same premises and a notice must be displayed clearly informing customers which quantity is being used.
Note: Cocktails – A cocktail is defined as a drink which contains three or more different liquids (not counting water). The above requirements do not apply when gin, rum, vodka or whisky is served as a cocktail.
Note: As only gin, vodka, rum and whisky are officially defined as ‘spirits’, other products such as Sambuca, brandy, bailey’s, tequila etc. do not fall within this requirement and may be sold in other measures.
The measure which is used to dispense these ‘other spirits’ must be advertised for the consumer to be able to make an informed choice. You may wish to use the same measures for these ‘other spirits’ as those used for gin, vodka, rum and whisky, to provide more clarity for customers.
Still wine by the glass must be sold in measures of:
Bottles of wine can also be sold.
Note: The quantity of wine by the glass served must be clearly indicated to customers on menus, price lists or on a displayed notice available before the sale is made.
However, please note the requirements of The Consumer Protection from Unfair Trading Regulations 2008 as to providing sufficient information at the point of sale so the customer can make an informed choice and under the Mandatory Conditions to make customers aware of the availability of 125ml measures.
Wine served in open carafes (jugs) must be sold in either 250ml, 500ml, 750ml or 1 litre.
Fortified wine such as port or sherry must be sold in either 50ml or 70ml and the customer must be informed which quantities are being used.
You must use officially stamped measures, metering equipment or glasses. For example, beer can be served using metered pumps or in stamped glasses.
The law on this was changed some years ago with the introduction of The Consumer Protection from Unfair Trading Regulations 2008. This resulted in the repeal of the Price Marking (Food and Drink Services) Order, which specifically covered price lists and their display.
There is now a general obligation to give sufficient information to customers at the point of sale, so that they are not misled on prices. Providing the nature of spirits in a manner which is unclear or failing to provide the price in a timely fashion before a transactional decision is made may amount to a misleading omission.
If customers are not informed about prices prior to placing an order they may have the right to refuse to accept and pay for drinks (for example where they have purchased some drinks and the price charged is excessively more than the customer would reasonably expect to have to pay).
Where you have beer pumps and ‘optic’ stands you should ensure the advertising signs attached to these accurately indicate the brand of drink being dispensed.
How or where you display the information required above is not prescribed but it should be clear and easily readable by the average consumer. The best way to ensure that customers are given the required information is by the use of detailed menus or clearly displayed price lists, so there is sufficient information to enable a consumer to make an informed decision before they are committed to a purchase.
Bars should show the price list at the bar where orders are taken. In cafes and restaurants, the prices can be marked in menus or price lists. So customers are informed from the outset, prices could be displayed in your window or entrance to your premises.
Menus and price lists must include all material information required by an average consumer to make an informed choice, which may include the following:
To fail to show all or part of the information necessary, or to provide misleading information, may be regarded as an unfair trading practice and constitute an offence.
A warning notice must be displayed in a prominent position, which is clearly visible to anyone purchasing cigarettes, at every retail premises at which tobacco is sold. It must not be less than 297mm x 420mm (A3 size), with characters no less than 36mm high stating: It is illegal to sell tobacco products to anyone under the age of 18.
With your PRS and PPL licence there is no legal requirement to display the licence at the premises.
Every company must display a sign with its registered name at:
You must display a sign with your company name:
You must let people know that they are in an area where CCTV surveillance is being carried out. Signs should:
If your premises employs anyone, you must display a health and safety law poster, or provide each employee with a copy of the equivalent leaflet/pocket card, which tells employees what they need to know about health and safety law.
You must display the poster where your employees can easily read it.
Health and Safety Law posters and pocket cards/leaflets are available from your Enforcing Authority which could be either the Health and Safety Executive (HSE) or the Environmental Health Department of your local council.
Health and Safety Policy Statement
A Health and Safety Policy statement sets out how a Company manages health and safety within their workplace.
It demonstrates the organisation’s attitude towards health and safety and the steps, arrangements and systems the company has in place to ensure compliance with health and safety legislation. The health and safety policy statement should be displayed in a prominent position where employees can easily read it.
Following the requirements which came into force in December 2014, you need to ensure you accurately track, record and communicate to the public 14 of the most common foods (including alcoholic and non-alcoholic drinks) known to cause allergic reactions.
You should ensure allergen information is supplied on the menu, chalkboards and other written formats. Alternatively, if you choose to provide allergen information verbally, notices are prominently displayed information customers of this.
Further details and information can be found on the Food standard Agency website: www.food.gov.uk
The 14 most common foods known to cause allergic reactions are:
It is good practice to display your food hygiene certificate however it is not (at present) a legal requirement in England (unlike in Wales)- though this may change in the future.
Employers Liability Insurance Certificate
This must state clearly the minimum level of cover provided and the companies covered by the policy. You must display a copy of the certificate of insurance where your employees can easily read it.
Since 1 October 2008 companies have been allowed to display the certificate electronically. If you choose this method you need to ensure your employees know how and where to find the certificate and have reasonable access to it.
Although the following is not a legal requirement, in light of a growing trend for Authorities to request sight of written age verification policies and an authorisation form to sell alcohol signed by the Designated Premises Supervisor, we advise that you ensure these documents are available, updated where necessary and fully completed.
You should also review your Premises Licence conditions to ensure compliance with any specific conditions relating to the display of additional notices.
If strobe lighting is used, signage should be erected to advise customers of strobe use.
Provisions in the Business & Planning Act 2020 have modified the Licensing Act 2003 to provide an automatic extension to the terms of most premises licences which only permit the sale of alcohol for consumption on the premises to allow the sale of alcohol for consumption off the premises. This makes it easier for licensed premises to sell alcohol to customers for consumption off the premises in England and Wales. This ‘off sales easement’ will expire on 31st March 2025.
The off-sales easement permits off-sales to be made at a time when licensed premises are open for the purposes of selling alcohol for consumption on the premises, subject to a cut off time of 11pm or the closure time of an existing outside area, whichever is earlier. Measures also temporarily suspend existing licence conditions in so far as they are inconsistent with the off-sales permission, particularly regarding deliveries and restricting off-sales to sealed container only.
If you are making use of the temporary permission to undertake off-sales and/or suspend conditions you must prepare a statement that this is the case (“a section 172F statement”).
The section 172F statement must be kept on the premises or under the control of the holder of the licence or a person who works at the premises who has been nominated by the holder of the licence for this purpose. A copy of the section 172F statement must be prominently displayed at the premises alongside the summary of your premises licence.
Failure to comply with these requirements without reasonable excuse is an offence.
Our lawyers can help you word this statement to comply with the requirements.
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