Speaking to the Business, Innovation and Skills Committee (BISC), the minister faced scrutiny on the decision to support self-regulation of the pubco-tenant relationship.
In response to a question from the BISC chairman Adrian Bailey, Davey said previous assurances given to the committee claiming the equipment did not fall within the Act was “not completely correct”.
He said the system could fall within the regulations if used to issue fines against licensees.
He told the BISC: “I am told legally under the Weights and Measures Act, in general, that the Brulines equipment is not in use in trade if it is for monitoring purposes.
"However, I am told now, in general, that when it is used, not just to monitor, but to actually go ahead and fine someone, the act of the fine, in general, means it is in use for trade.
"And therefore I am happy to inform you that we were incorrect. A fine triggers the fact that the monitoring equipment is in use in trade."
He confirmed this would mean local trading standards would come "into play".
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