© 2011 itsa Ltd on behalf of the Trading Standards Institute.
Before they make a purchase, consumers must have been provided with information relating to the main characteristics of the product (for example, brand of drink), the price, quantity, and trading name and details of ownership of the premises.
And there are specific requirements concerning the quantities that some alcoholic drinks must be served in, particularly with regard to beer or cider (one third of a pint, two thirds of a pint, a half pint, or multiples of a half pint), gin, rum, vodka and whisky (25ml, 35ml, or multiples of these), and wine (by the bottle or specified quantities of 125ml & 175ml or multiples when sold by the glass, or in sizes of 250ml, 500ml, 750ml or 1 litre when sold in a carafe).
Mandatory licensing conditions require that free tap water is available and that beer, cider, gin, rum, vodka, whisky and still wine is available in the minimum sizes specified above.
In the guide
Background information
Trading fairly with your customers
Information to be provided to consumers - prices and descriptions
Description of drinks
Weights and measures
Examples of Article 17 markings required by the MID Directive
Background information
This leaflet contains a general summary of the main requirements of weights and measures and consumer protection legislation enforced by the trading standards service as applicable to pubs, restaurants and cafes. There is also legislation that applies to these establishments regarding food labelling - please see our leaflet 'Food labelling for catering establishments' for further information.
Trading fairly with your customers
The law requires you not to trade unfairly with your customers.
The Consumer Protection from Unfair Trading Regulations 2008 ban traders from using unfair commercial practices towards consumers and set out broad rules outlining when commercial practices are unfair. Please see our leaflet 'A guide to the Consumer Protection from Unfair Trading Regulations'.
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. The above Regulations have removed the specific requirements on pricing of food and drink services on premises. However, they do require you not to trade unfairly which includes not leaving out important information that may affect a customer's choice of purchase. In order for them to make this choice 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. When the information is provided, it is important to enable a consumer to make an informed decision before they are committed to a purchase.
Failure to show all or part of the information necessary, or providing 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 - for example, 'fair trade', 'freedom food', 'organic'.
The Pricing Practices Guide published by the Department for Business, Innovation and Skills (BIS) gives guidance on pricing for businesses. These guidance notes state that 'suggested optional sums' such as service charges, should not be presented to the customer on their bill. The guidance also says that if a non-optional charge is to be made, such as service or cover charge, then this should be incorporated into 'fully inclusive prices' where possible, and in all cases this should be clearly advertised on the menu or price list. This guidance also has information about pricing requirements for special offers and other customer incentives.
Description of drinks
Care must be taken with drink brand names. The following are examples of well known brands of spirits:
- 'Bacardi' is a brand of white rum
- 'Smirnoff' is a brand of vodka
- 'Bells' is a brand of whisky
If you cannot be certain that you will always have a particular brand in stock, you may wish to list spirits as rum/vodka/whisky, with no specific brand. You may commit a criminal offence if you supply a different brand to that advertised on your menu, or what the customer requests, or what is shown on a plaque attached to the optic.
Trading standards services regularly check spirits for watering down and substitution - these are serious matters which often lead to prosecution. It is not wise to 'top up' bottles of spirits, as this practice could lead to the mixing of different brands, which may be treated as a criminal matter.
Weights and measures
BEER, LAGER AND CIDER
Except when mixed with other drinks, these products can only be sold draught in the following quantities:
- 1/3 pint
- 1/2 pint
- 2/3 pint
- multiples of 1/2 pint
If you use glasses, every glass must be stamped with either the 'crown mark and number' or the new 'CE and M marking'. (Examples of the latter new marks required on new glasses first marketed after 30 October 2006 are shown at the end of this leaflet. The 'M06' box may be different as it reflects the year of manufacture - in the illustration given M06 is 2006 - M07 would be 2007, etc.) You will find that both types of marking will appear in circulation for some time as new stocks merge with old. If you use meters, glasses do not need to be stamped, but the meters must be stamped, the consumer must be able to see the glass being filled, and you must not fill the glass before it has been ordered.
SALE BY THE JUG
Draught beer, lager and cider can be sold by the jug provided the stated quantity is in multiples of 1/2 pint (such as two pint or four pint) and 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.
GIN, RUM, WHISKY AND VODKA
Unless sold in cocktails of three or more drinks, these products may only be sold in the following quantities:
- 25ml
- 35ml, or
- multiples of these quantities
If you have switched to 35ml measures, the 25ml thimbles must be removed from the bar to avoid mistakes. Also, If you use 35ml measures for single shots, you cannot use 50ml for doubles. The correct double would be 2 x 35ml.
Old imperial measures (such as 1/6 gill) cannot be used for the sale of any spirits.
A notice, which is easy for consumers to read, must make it clear which quantity applies - for example: 'Gin, rum, whisky and vodka are sold on these premises in quantities of 25ml and multiples thereof'.
The same quantity must apply in all the bars of your pub, restaurant, or cafe - in other words, 25ml and 35ml specified quantities must not be sold at the same premises.
Whatever you use to measure gin, rum, whisky or vodka (optics, thimbles etc), they must be stamped and be where consumers can see them being used. Bottle top pourers are not usually stamped, and they should only be used by pouring them into a thimble before putting the drink into a glass for the consumer.
WINE
Expect for fortified wine, this must be sold in the following quantities:
- by the bottle
- by the glass in 125ml, 175ml or multiples of these quantities
- by the carafe in 250ml, 500ml, 750ml or one litre quantities
Wine sold in quantities less than 75ml is exempt from the above requirement. This will permit 'flights' or 'tasters' of wine to be sold as samples to prospective customers.
Fortified wines such as port must be sold by the glass in quantities of 50ml or 70ml or multiples of these quantities.
These quantities must be made clear to consumers on a notice - or in every wine list or menu - that is easy to read and, again, anything you use to measure out wine (carafes, glasses or optics etc) must be stamped.
Possible examples of Article 17 markings required by the MID Directive:
CE mark
At least 5mm high
Supplementary metrology mark
Rectangle height the same as CE
Immediately follows CE
Identification number of the notified body
Follows CE and Supplementary metrology mark
Please note
This leaflet is not an authoritative interpretation of the law and is intended only for guidance. Any legislation referred to, while still current, may have been amended from the form in which it was originally enacted. Please contact us for further information.
Relevant legislation
Weights and Measures (Intoxicating Liquor) Order 1988
Consumer Protection from Unfair Trading Regulations 2008
Last reviewed/updated: July 2012
© 2013 itsa Ltd on behalf of the Trading Standards Institute.
