Trading Standards and the Licensed Trade
This advice is designed to provide basic guidance to traders. It is not a complete or authoritative statement of the law. A large print version is available.
Weights and Measures
Draught Beer and Cider
may only be sold in quantities of 1/3 pint, 1/2 pint or multiples of 1/2 pint (except when sold as part of a mixture of two or more liquids e.g. a shandy of beer and lemonade)
must be dispensed into, and served in a Government stamped measure (unless served from a Government stamped beer measuring dispenser).
Note(1): Government stamps are either the 'crown mark and number' or the new 'CE and M’ marking'
Note(2): Draught beer, lager and cider can be sold by the jug either the jug is stamped as a transfer measure of that capacity or the liquid is measured by a meter in front of the consumer at the time of sale, but not before. Price lists must be clear about the measure that is used for a jug sale.
Wine - sold in sealed bottles
may be opened and served without measurement;
must not be refilled from bulk supplies;
quantities contained in bottles must be readily displayed for customers. Ideally include them in the wine list or menu.
Wine - sold by the glass
sizes must be 125ml, 175ml, or multiples of either; (see licensing conditions)
you must display details of the sizes for customers. i.e. on price lists, menus or wine lists;
sales quantities of sherry, port, vermouth and sparkling wines are not controlled. However it should be made clear to the customer the sales quantity being used.
Wine - sold in Carafes
must be government stamped when used as a measure and only in 25cl, 50cl or 1 litre sizes;
you must display details of the sizes as for sealed bottles.
Sales of Spirits
traditional imperial measures are now illegal;
gin, rum, vodka and whisky sizes must be 25ml, 35ml, or multiples of either;
you must select one of the two sizes because you cannot use both on the same premises;
you must display a prominent notice in each bar telling customers which measure size you have adopted;
liquors other than the above spirits and cocktails mixed from three or more liquids (which may include the controlled spirits) do not need to be measured;
However if you specify a quantity for any drink then you should use a government stamped measure.
Licensing Conditions
Since 1 October 2010 mandatory conditions under the Licensing Act 2003 have come into force which require you to make available for your customers
wine by the glass in 125 ml measures;
Spirits (gin, rum, vodka & whisky) must be available in your chosen 'single' measure (i.e. either 25ml or 35ml).
Glasses of water
and to make this clear to you customers.
These provisions are enforced by the district licensing authority.
Information to be provided to consumers:
Prices and Descriptions
Consumers need to be able to make an informed decision about making a purchase of food and/or drinks. In order for them to do this they must have access to the following information before they make the purchase:
Main characteristics of the product - for drink this will be a description of what it is and may include its brand name. For food this will be the name of the food and should include sufficient description of the item, or dish, for a consumer to make an informed choice.
Price - including VAT and any additional service or other charge that has not been included.
Quantity - size of drinks or specific portion sizes of foods (where appropriate).
Your trading name and details of ownership - plus the address of the premises (unless this is obvious from the situation. This would include the need for such details in a price list that you send out from the premises).
How or where you display the information, required above, is not prescribed, but it should be clear and easily readable by the average consumer. Probably the easiest way of showing prices is by means of a menu or a composite price list. When the information is provided, it is important to enable a consumer to make an informed decision before they are committed to a purchase.
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.
It is also an offence to make false claims about your endorsement or use of food and drink that carry a quality mark or comply with a code of practice, e.g. "Fair Trade", "Freedom Food", "Organic".
Foods that become unavailable
If an item is taken off the menu for some reason, then the description of that food must be removed as soon as is reasonably practicable. If the food in question is only available for a limited period of the day (for example at lunchtime only), then the description should be removed before the start of the next same period e.g. before lunchtime the following day.
Food and Fair Trading
Particular care is needed when describing food and drink to the customer. For example food can only be described as 'scampi' if it consists of whole tail scampi and is not reformed. The descriptions 'home made' and 'fresh' should not be applied to food produced in a factory and simply heated before serving.
Similarly cheap spirits must never be sold from bottles bearing well-known brand names.
Care is also needed to ensure stock is properly rotated. Keep an eye on the ‘Best Before’ dates on beers, and the ‘Use By’ dates and storage instructions on perishable foods and catering ingredients.
Contact
Trading Standards Service
Montgomery House
Monarch Way, Winchester SO22 5PW
tel 01962 833620
fax 01962 833698
email tsadvice@hants.gov.uk
