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New 'measures' under Weights and Measures

You should by now be more than well aware of the introduction of the new mandatory condition on 1 October 2010 in respect of smaller measures. See http://www.john-gaunt.co.uk/news/19/proposed-mandatory-licence-conditions-the-detail-is-now-available.

What you may not be alert to are not unrelated changes to the Weight and Measures Legislation in respect of smaller measures. These measures proposed by the previous government were due to be introduced in April but were first postponed to 1 October, and were subsequently withdrawn altogether.

The new government will look again at this subject which "remains on the agenda", but not at the top (we imagine).

The proposals as laid down in the draft order were:

• The introduction of a new permitted measure for draught beer and cider, namely 2/3 pint. Draught beers and ciders can now be sold in 1/3 pint, 1/2 pint, 2/3 pint or multiples of 1/2 pint servings.
• Still wine is not subject to any measure regulations, if sold in quantities of less than 75ml. This means that the previous illegal practice of selling small samples of exclusive wines at affordable prices for the connoisseur will become permissible. Several businesses already exist offering this service but they will become fully compliant with the relevant legislation only after the 1 October.
• Fortified wine, when sold by the glass, may be sold in more modest measures of 50ml or 70ml. (this requirement will come into force when / if the "Weights and Measures (Specified Quantities) (Unwrapped Bread and Intoxicating Liquor) Order 2010" comes into force)
• Gin, rum, vodka, whisky and now brandy must be served in either 25 ml or 35 ml or a multiple of either (but not both).

We anticipate a similar approach may be taken if / when the government are moved to deal with this issue.

A point of detail – what type of drink is Wine fortified for distillation?

The legislation points us to the European combined Nomenclature for a definition:

“wine fortified for distillation, that is to say, a product:

• having an actual alcoholic strength by volume of not less than 18 % vol but not more than 24 % vol, 
• obtained exclusively by the addition to wine containing no residual sugar of an unrectified product derived from the distillation of wine and having a maximum actual alcoholic strength by volume of 86 % vol, and 
• having a maximum volatile acidity of 1,5 g/l, expressed as acetic acid;”

Therefore before designating the appropriate measure one should consider the criteria, the first indicator would be the ABV.  Pimms, as an example, has an ABV of 25% therefore taking it outside of the definition.  Gin is the alcoholic ingredient in this drink therefore it is arguable that this product should be sold in 25ml or 35ml shots, before mixing!!