Alcoholic Liquor Duties Act 1979

52 Offences by brewers for sale.U.K.

(1)If any brewer for sale conceals any worts or beer so as to prevent an officer from taking an account thereof, or after particulars of any worts or beer have been recorded by the brewer in pursuance of regulations made under section 49 above, mixes any sugar with those worts or with that beer so as to increase the quantity or the gravity or original gravity thereof, he shall be liable on summary conviction to a penalty of [F1level 3 on the standard scale], and the worts or beer in respect of which the offence was committed shall be liable to forfeiture.

[F2(2)A brewer for sale may, on his entered premises and in accordance with regulations under section 49 above, add to beer brewed on those premises—

(a)water;

(b)finings for the purpose of clarification; and

(c)such other substances as may be sanctioned by the Commissioners.

(2A)Except as provided by subsection (2) above, a brewer for sale who adds anything to beer on his entered premises shall be liable on summary conviction to a penalty of level 3 on the standard scale.]

(3)If any beer to which anything other than any substance falling within paragraph (a), (b) or (c) of subsection (2) above has been added is found in the possession of a brewer for sale, he shall be liable on summary conviction to a penalty of [F1level 3 on the standard scale] and the beer shall be liable to forfeiture.

[F3(3A)Nothing in this section shall be taken to preclude the use of beer as an ingredient in the production—

(a)of made-wine to which section 55A below 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)In this section “sugar” means sugar of any description and any saccharine substance, extract or syrup, and includes any material capable of being used in brewing except malt or corn.

Textual Amendments

F1Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) by S.I. 1984/703, (N.I. 3) arts. 5, 6

F2S. 52 subsections (2)(2A) substituted for subsection (2) by Finance Act 1985 (c. 54, SIF 40:1), s. 6, Sch. 3 para. 4(1)