Aberdeen City Council - Trading Standards Service

Guidance for Licensees

A quick guide to the laws on serving spirits

Spirits substitution or "tipping"

Information for Licensees

To avoid substituting branded spirits and contamination of spirits the following is a useful checklist:

Ensure all bar staff are aware that substitution is illegal

Ensure you only buy spirits from reputable sources

Topping up bottles, with the same brand, is not illegal but should be avoided if possible.

Do not pour back unfinished drinks into the bottle

Ensure all spirit measures are cleaned after use and any cleaning detergents are rinsed through and the measure is dried

10 additional checks you can carry out

Can your price list be clearly read from the customer's side of the bar, is it up to date and correct?

Do you have a 25ml or 35ml (as appropriate) weights and measures notice clearly displayed for customers to read?

Are all measures used for selling Gin, Whisky, Vodka and Rum government stamped with a crown?

Are all pint and half pint glasses government stamped?

Is the beer label on the tap/pump head correct for the beer being sold?

Are all spirit thimbles and wine measures or glasses government stamped?

Are all spirit thimbles and wine measures undamaged i.e. not out of shape?

Have the 25ml thimbles been removed from the bar to avoid mistakes if you have changed over to 35ml measures?

Do the wine boxes in the chiller cabinet match the description on the outside of the unit?

Did you know if you have changed to 35ml measures you cannot sell a 50ml double? The correct double measure is 2x35ml.

What is Spirits Substitution?
The substitution of a branded spirit with another spirit, usually of an inferior quality, sometimes bootlegged, for resale in on-licensed premises (pubs, clubs, restaurants and hotels).

How big is the problem?
In November 1999 1 in 12 on-licensed outlets were substituting at least one spirit brand at any one time.

Why is this a problem?
We are not getting what we ask for and what we pay for. We are being ripped of to the tune of Ł40 million per year.

What is being done about it?
A trade association has been formed to work with the consumer protection authorities to catch and prosecute offenders.

The International Federation of Spirits producers UK
The IFSP UK represents all the major spirit brand owners and works closely with Trading Standards and Environmental Health Authorities that are responsible for consumer protection.

Success to date
Following a vast number of prosecutions, by Trading Standards and name and shame articles in local newspapers the substitution rate has been reduced from 1 in 12 outlets, or 8% to 1 in 25 outlets or 4%. This is now saving consumers Ł20 million every year.

Tools of the Trade
Trading Standards Officers are equipped with Authenticity test kits to detect spirits substitution. They are simple dipstick tests that recognise natural ingredients present in major spirit brands. If the dip stick changes colour all is well, if not a formal sample is taken for further analysis.

What Can I do ?
The vast majority of licensed outlets are only selling genuine brands. If however you suspect that you are not being served the brand you asked for then report the incident to your local Trading Standards Authority.

Why spirits fraud is bad for business

Substitution is illegal, in fact there are three different Acts under which prosecutions can be bought if a licensee is found to be substituting. The Food Safety Act 1990,Trade Descriptions Act 1968 and the Trade Marks Act 1994.

The penalty is a heavy fine (maximum Ł20,000) plus costs and the licensee will be reported to the licensing authority.

Trading Standards Officers

The licensee needs to be aware that TSOs' have the power to: -

Enter any business and carry out an inspection

Make test purchases

To look at paper work such as invoices

To seize evidence

Licensees

Over 95% of licensees are law abiding and work hard to manage quality businesses. To help ensure this is maintained the following is a brief checklist.

Buy only from reputable sources

Do not be tempted to buy cheap stock from individuals (white vans), it could be contraband

Ensure staff are aware of the issue

Don't top up bottles, with alternative spirits.

If possible avoid toping up larger bottles, even if it is the correct brand. This could lead to sloppy practise by staff

Ensure spirits are not contaminated, do not pour back in to the bottle drinks that have been wrongly served or not consumed.