The Trading Standards Law Applying at Licensed Premises

This guide explains the main Trading Standards requirements that apply at licensed premises.

If you or your company employ other people you are responsible for ensuring they comply with these requirements.

Drink descriptions

• Any descriptions must be accurate - if you advertise the brand name of a drink then you must supply that brand of drink. Brand names can appear on bottles, optic stands, beer pump clips, price lists, menus etc.
• If a customer asks for a drink by the brand name, (for instance "Pernod" or "Coca-cola") and you have not got that brand, tell the customer if you offer an alternative.
• Ensure that any promotional material around the bar is consistent with the brands you are currently selling.

Food descriptions

• All descriptions must be accurate, whether they are written descriptions in menus, blackboards, adverts etc., illustrations or verbal statements.
  
  Check carefully the labels or specifications for both ready prepared foods and ingredients you buy to prepare meals yourself.

• Be careful when using the following descriptions:
  • home made - should only be used for food made on the premises;
  • suitable for vegetarians - must not contain any animal products;
  • fresh - must not have been frozen, canned etc;
  • scampi - must be wholetail scampi. Reformed scampi must be described as "reformed";
  • onion rings - must be made using rings cut from an onion. Must not be used to describe product made from chopped onion and potato;
  • smoked - food should have been traditionally smoked. Foods with a chemical added to give a smoke flavour must be described as "smoke flavour";
  • steak/burger weights - these should be stated as the approximate uncooked weight. Check the weights and ensure you have a written order or invoice from your supplier showing the weight.
    If you make other claims such as "beef from BSE free herds" it is advisable to obtain written confirmation of this from your supplier.

Prices

• You should have at least 30 prices of food and drink on permanent display. This display can be a price list, stickers, blackboard or any other written method.
• The display should be easy to read and visible from the customer's side of the bar. Ensure any price list does not become obscured by other material.
• Ensure prices are up to date and correct.
• Ensure the prices are evenly spread amongst the categories of food & drink available e.g. starters, main courses, desserts, beers, spirits, wines, soft drinks etc. It is no longer necessary to show percentage alcohol by volume for alcoholic drinks.
• When supplying table wine for consumption with other food ensure you are showing the prices of at least six bottles of such wine e.g. if you sell a variety show prices of 2 red, 2 rose and 2 white wines.
• You must clearly indicate any additional charges, such as service charge and minimum charge.
• If you have a separate restaurant in the premises you must have a menu with 30 food & drink items (plus the prices of 6 wines) displayed at the entrances to that area.
  If the eating area is not separate you should have menus and wine lists available. There do not have to be 30 items but if you have less than 30 show them all.

Weights and Measures

• If you sell wine by the glass you need to state the quantity. The quantities permitted are 125ml, 175ml or multiples of these. You can have a separate sign or table card, or else show this on the menu, wine list or price list.
• If you use the glasses themselves to measure the wine, they must be crown stamped and 125ml, 175ml or multiples of these sizes. Make sure there are no 4 fluid ounce glasses still in use in the bar - they are now illegal.
• If you have unstamped wine glasses on the premises (that you use for other drinks or when you sell a bottle of wine) they should be stored separately from the stamped glasses to avoid mistakes being made.
• If you sell wine by the carafe the carafes must be crown stamped and in 250ml, 500ml, 750ml, 1litre sizes or multiples of 1 litre.
• Gin, whisky, vodka & rum can only be sold in 25ml or 35ml measures or multiples of 25ml or 35ml. Ensure that any spirit measuring instruments (SMIs) or thimbles that you use are crown stamped. Make sure there are no 1/6 or 1/3 gill measures still in use in the bar - they are now illegal.
• You need to state on a sign, the price list or menu the quantity you sell the spirits in (i.e. 25ml, 35ml or their multiples).
• If you use the beer glass to measure the quantity of draft beer or cider then the glass must be crown stamped. If they are not stamped you must use crown stamped beer measuring instruments (beer meters). You must use one or the other for selling draught beer and cider.
• If you use beer meters you should have them regularly tested. If your beer glasses are brim-measure rather than line-measure you must ensure that you and your staff fill up the glasses as full as possible.
  
  Under a Code of Practice agreed between the Brewing Industry and the Government 5% head, only, is allowed on a pint and you should not make the beer available to the customer until you are satisfied the measure is correct. If the customer asks for a top-up this must be given with good grace. The use of line measure glasses overcomes this problem without the need for top-ups. Many licensees have found it useful to display a notice reminding customers of their right to ask for a top-up.

• Ensure all your staff know it is an offence to serve short measure.

Age restrictions

Ensure all staff are aware of the age restrictions that apply to alcohol, cigarettes and tobacco products.

Business Names Act

You must display a notice or sign visible from the customer's side of the bar, stating the particulars of ownership of the business and an address at which legal documents can be served on the business.

Accommodation

You need to display the price of accommodation that you offer.

Please Note

This leaflet is not an authoritative interpretation of the law and is intended only for guidance. For further information please contact your local Consumer Protection or Trading Standards office.

Trading Standards Division, 3rd Floor, Wallasey Town Hall, Brighton Street, Wallasey, Wirral CH44 8ED
Telephone: (0151) 691 8020    Fax: (0151) 691 8098
Internet World Wide Web http://www.tradingstandards.gov.uk/wirral/
Electronic Mail: tradingstandards@wirral.gov.uk