Weighing Up New Measures
Tods Murray LLP, reckons there’s some way to go before two-thirds of a pint and 125ml of wine become the norm in the trade.
“EXCUSE me, Mr Barman, can I have a half pint of lager, two two-third pints of heavy, two thirds of a pint of Guinness, a pint and a third of cider and two pints and a two-thirds pint of Stella….. and a Campari and soda please?”
When the National Weights and Measures Laboratory (NWML) announced back in October 2008 that it was seriously considering the introduction of a two-thirds pint, I used this as a bit of light relief when training licence holders and staff on weights and measures. I was sure that the two-thirds pint would never see the light of day – it would confuse busy bar staff, force publicans to order and then accommodate new glassware, and completely befuddle the public in relation to how much alcohol they may have consumed.
Now our dear friends at NWML have confirmed that the government is actually going to legislate to bring the two-thirds pint to life after all, among a series of other “measures”.
The new proposals relating to alcohol include:
- introducing a two-thirds pint measure.
- elevating brandy into the “big four” of whisky, rum, vodka and gin, requiring it to be sold in either 25ml or 35ml measures.
- allowing free pour below 75ml for wine tastings.
- and limiting the measures for fortified wine to 50ml and 70ml (currently 125ml or 175ml or a multiple thereof).
Now, the good news in relation to the two-thirds pint is that the current proposal will not make it mandatory, so you will not be forced into stocking the new glassware: only if you wish to.
I doubt that elevating brandy into the “big four” will cause the trade any concern as I’m sure it is commonly sold in the 25ml or 35ml measure in any event.
All these proposals are going to be brought into law by amending the current weights and measures legislation.
This will be done by way of a statutory instrument in Westminster, as a reserved matter, and should take effect this side of Christmas, so you should be able to start selling two-thirds of a pint before long.
You will also require to have new signage displayed for brandy – although the intention is that there will be a 12 month transitional period, so the brandy rules should be bedded in by winter 2010.
Some readers may be familiar with the idea of forcing the trade to offer the 125ml measure for wine, which in recent years has fallen out of favour with the public and, in turn, the trade.
Interestingly, the NWML has left his issue to be dealt with by the English Policing and Crime Bill, under which a mandatory code was proposed for licensed premises down south, including the 125ml rule.
The NWML view appears to be that the mandatory code is a better vehicle for enforcing the use of a 125ml glass of wine rather than weights and measures legislation (I’m not sure I agree) but irritatingly this ignores the Scottish position, as we are unaffected by the English mandatory code.
To add to the confusion, Lord Mandelson announced just a week before this report was published that the mandatory code had been kicked into the legislative long grass as it may incur a further drain on the trade in a time of economic downturn.
Taking all that together, the enforced 125ml measure is in very muddy waters indeed.
And remember that, as weights and measures is a reserved matter, any new mandatory condition the Scottish Government may seek to impose under the new Alcohol Bill later this year enforcing the use of a 125ml glass could certainly be open to challenge.
For further information, contact a member of our Hospitality and Leisure Team