Part VI General Control Provisions
Sale of dutiable alcoholic liquors
65 Excise licence for dealing wholesale in certain alcoholic liquors.
1
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66AF4 Blending of alcoholic liquors.
1
Subject to subsections (4) to (6) below, a person shall not blend two or more alcoholic liquors—
a
each of which is of a kind mentioned in paragraphs (a) to (e) of section 1(1) above, but
b
not all of which fall within the same one of those paragraphs,
except in an excise warehouse or on premises which, in relation to the liquors blended, are for the time being permitted premises.
2
Subject to subsections (4) to (6) below, a person shall not blend two or more alcoholic liquors which—
a
fall within the same paragraph of section 1(1) above, but
b
are not all of the same alcoholic strength,
except in an excise warehouse or on premises which, in relation to the liquors blended, are for the time being permitted premises.
3
In relation to the blending of particular alcoholic liquors—
a
if the liquor which is the product of the blending is beer, permitted premises are premises which are registered under section 41A above and premises in respect of which a person is registered under section 47 above;
b
if the liquor which is the product of the blending is wine, permitted premises are premises in respect of which a licence under section 54(2) above is held;
c
if the liquor which is the product of the blending is made-wine, permitted premises are premises in respect of which a licence under section 55(2) above is held;
d
if the liquor which is the product of the blending is cider, permitted premises are premises in respect of which a person is registered under section 62 above.
4
Subsections (1) and (2) above do not apply unless the blending is done with a view to offering for sale the liquor which is the product of the blending.
5
Subsections (1) and (2) above do not apply where the liquor which is the product of the blending is intended for consumption on the premises on which the blending takes place.
6
The Commissioners may direct that subsections (1) and (2) above shall not apply to the blending of alcoholic liquors in such circumstances as are specified in the direction.
7
Where a person contravenes subsection (1) or (2) above, the following shall be liable to forfeiture—
a
the liquor which is the product of the blending;
b
all such vessels, utensils and materials for the blending of alcoholic liquors as are found in his possession.
8
In this section any reference to blending liquors includes a reference to otherwise mixing them.
67 Power to regulate keeping of dutiable alcoholic liquors by wholesalers and retailers.
1
The Commissioners may, with a view to the protection of the revenue, make regulations regulating the keeping of spirits, beer, wine, made-wine or cider respectively by wholesalers and retailers.
2
If any person contravenes or fails to comply with any regulation made under this section, he shall be liable on summary conviction to a penalty of F9level 3 on the standard scale, and any liquor, container or utensil in respect of which the offence was committed shall be liable to forfeiture.
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69 Miscellaneous provisions as to wholesalers and retailers of spirits.
1
F10Save with the permission of the Commissioners and subject to compliance with such conditions as they see fit to impose. A wholesaler of spirits shall not carry on his business on any premises communicating otherwise than by a public roadway with any premises entered or used by a distiller or rectifier.
2
Save with the permission of the Commissioners and subject to compliance with such conditions as they see fit to impose, a retailer of spirits shall not—
a
carry on his business on any premises which are entered or used by a distiller or rectifier or which communicate otherwise than by a public roadway with any such premises; or
b
be concerned or interested in the business of a distiller or rectifier carried on upon any premises within F113 kilometres of any premises at which he sells spirits by retail.
3
If any person contravenes or fails to comply with subsection (1) or (2) above or any condition imposed under subsection (2) above, he shall be liable on summary conviction to a penalty of F12level 4 on the standard scale.
4
A retailer of spirits shall not, unless he is also a wholesaler of spirits, sell or send out spirits to a rectifier or to a wholesaler or retailer of spirits, nor shall he buy or receive spirits from another such retailer who is not also such a wholesaler; and if he contravenes or fails to comply with this subsection he shall be liable on summary conviction to a penalty of F12level 3 on the standard scale.
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71 Penalty for mis-describing liquor as spirits.
1
If any person—
a
for the purpose of selling any liquor, describes the liquor (whether in any notice or advertisement or on any label or wrapper, or in any other manner whatsoever) by any name or words such as to indicate that the liquor is, or is a substitute for, or bears any resemblance to, any description of spirits, or that the liquor is wine fortified or mixed with spirits or any description of spirits; or
b
sells, offers for sale, or has in his possession for the purpose of sale, any liquor so described,
that person shall be guilty of an offence under this section unless he proves that the duty chargeable on spirits has been paid in respect of not less than 97½ per cent. of the liquor F13or that the liquor is made with spirits and is a made-wine to which section 55A above applies.
2
Notwithstanding anything in this section—
a
the name “port” or “sherry” or the name of any other description of genuine wine; or
b
a name which, before 4th May 1932, was used to describe a liquor containing vermouth and spirits, the quantity of vermouth being not less than F1457 per cent. of the quantity of alcohol in the spirits,
shall not, for the purposes of this section, be treated as being in itself such a description as to give such an indication as is mentioned in subsection (1)(a) above.
3
Notwithstanding anything in this section, a person who has sold, offered for sale, or had in his possession for the purpose of sale, any liquor described only by any such name as is mentioned in subsection (2)(a) above shall not be guilty of an offence under this section by reason that the liquor has been described by some other person (not being the agent or servant of the first mentioned person) by that name in association with some other description such as to give such an indication as is mentioned in subsection (1)(a) above.
4
Any person guilty of an offence under this section shall be liable on summary conviction to a penalty of F15level 3 on the standard scale and on the conviction of a person under this section the court may direct that any liquor and other article by means of or in relation to which the offence has been committed shall be forfeited, and any liquor or other article so directed to be forfeited shall be destroyed or otherwise disposed of as the court may direct.
5
Nothing in this section as it applies to England and Wales or Northern Ireland shall apply to any liquor which is prepared—
a
on any premises in respect of which a justices’ on-licence is in force; or
b
in any registered club; or
c
on any premises, or on board any aircraft, vessel or vehicle in the case of which, by virtue of section 199(c) or (d) of the M1Licensing Act 1964, a justices’ licence is not required,
for immediate consumption on those premises, in that club or on board that aircraft, vessel or vehicle, as the case may be.
6
Nothing in this section as it applies to Scotland shall apply to any liquor which is prepared—
a
on any premises in respect of which a Scottish licence is in force; or
b
in any registered club; or
c
in any theatre, or on board any aircraft, vessel or vehicle in the case of which, by virtue of section 138(1)(b) or (c) of the M2Licensing (Scotland) Act 1976, a Scottish licence is not required,
for immediate consumption on those premises, in that club, at that theatre or on board that aircraft, vessel or vehicle, as the case may be.
71AF16 Restrictions on adding substances to beer.
1
The Commissioners may by regulations provide that, except in such cases and subject to such conditions as may be specified by or under the regulations, no substance may be added to beer at any time—
a
after it leaves the entered premises on which it was brewed, or
b
in the case of beer brewed outside the United Kingdom, after it is imported into the United Kingdom,
and before it is sold by retail or otherwise supplied for consumption.
2
Regulations under this section may regulate the transportation of beer at any such time as is referred to in subsection (1) above; and the conditions referred to in that subsection may include conditions as to—
a
the keeping and production of samples of the product of any process of addition to beer; and
b
the keeping and production of records.
3
Any person who contravenes or fails to comply with regulations under this section (including any conditions imposed by such regulations) shall be liable on summary conviction to a penalty of level 3 on the standard scale, and any beer in respect of which the offence was committed shall be liable to forfeiture.
72 Offences by wholesaler or retailer of beer.
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3
Subject to subsection (4) below, if a wholesaler or retailer of beer receives or has in his custody or possession any sugar of any description or any saccharine substance, extract or syrup, except such as he proves to be for domestic use F18or for use as mentioned in subsection (3A) below, or any preparation for increasing the gravity of beer, he shall be liable on summary conviction to a penalty of F19level 2 on the standard scale and the article in question shall be liable to forfeiture.
F203A
The use referred to in subsection (3) above is use as an ingredient in the production—
a
of made-wine to which section 55A above applies; or
b
of any beverage of an alcoholic strength exceeding 1.2 per cent. but not exceeding 5.5 per cent. which is of a description specified in an order made under section 1(10) above.
4
Where a wholesaler or retailer of beer carries on upon the same premises the trade of a brewer for sale or of a grocer, subsection (3) above shall not apply to sugar and other preparations duly held by him in accordance with regulations made under section 50 above as a brewer for sale, or to sugar or syrup kept by him for sale in the ordinary course of his trade as a grocer.
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74 Liquor to be deemed wine or spirits.
For the purposes of this Act, as against any person selling or offering for sale the liquor in question—
a
any liquor sold or offered for sale as wine or under the name by which any wine is usually designated or known shall be deemed to be wine; and
b
any fermented liquor which is of a strength exceeding F823 per cent., not being imported wine delivered for home use in that state on which the appropriate duty has been duly paid, shall be deemed to be spirits.
Paragraph (a) above is without prejudice to any liability under section 71 above.