EU can't be serious!
Whether we like it or not, our integration into Europe is gathering pace. Michelle Perrett assesses how it's affecting a British institution - the pub.
Straight cucumbers, bent bananas, the banning of the pint glass - all these are myths about the impact of the European Union. But how close to reality is the myth and what effect is Europe having on the UK pub trade?
Europe has responsibility for legislation such as health and safety, noise, employment and environmental laws, all of which have a direct effect on the UK pub market and individual licensees.
Kate Nicholls of the trade's Red Tape Group believes that many people are not aware of the major impact that Brussels is having on the pub trade.
"Regulations such as employment, health and safety and environmental laws, such as those regarding packaging waste, all emanate from Brussels," she said.
"But the legislation, once passed, can take up to six years to become law in Britain."
European legislation is usually adopted in the form of a directive, which calls on all member states to adopt or modify their own legislation in order to comply - and this can take time. This timescale means it is difficult for businesses to keep track of legislation coming from Europe.
There are currently four pieces of food legislation in the pipeline in the European Parliament, for example. The regulations relate to the labelling - on menus and packaging - of all ingredients and their origins as well as genetically modified products and allergens.
If the legislation is passed it could mean all pubs serving food would have to keep documents listing all ingredients used in dishes on their menus. This would add to red tape for licensees, forcing them to re-print menus and research the source of all their ingredients.
The current law only requires the listing of GM foods.
The fear within the industry is that small enterprises would not be able to fund or run an efficient business with this increase in documentation and costs of funding the new legislation.
Hotels, Restaurants & Cafes in Europe (HOTREC), the European lobbying organisation, has opposed the legislation.
"It would be impractical to list ingredients on menus, particularly where products are produced on the premises of the enterprises concerned," it said.
It has also lobbied strongly in the parliament for the food service sector, which includes pubs and restaurants, to be treated differently from the retail sector.
It said: "Retailers sell packaged food, food service companies serve meals. Our customers have different expectations when visiting our restaurants. Therefore, the sector has to be approached from a different angle than the retail sector."
The British Beer and Pub Association (BBPA) is also opposed to the new regulations. It believes they will be impractical and costly for the pub trade.
Mark Hastings of the BBPA said that these proposals were made "with the best intentions, to keep consumers informed, but it is important to be practical for people on the ground".
In March of this year, the pub trade celebrated a victory in the fight against over-regulation by Europe when it won an amendment to the European noise proposals. These would have lowered maximum noise limits in pubs to just 85 decibels. The trade had feared this would rule out all live music and karaoke in pubs.
The issue is still under debate in the European parliament with organisations such as the BBPA and HOTREC currently lobbying for the amendment to be retained.
Pub happy hours and cut-price promotions have also been put under threat by a directive from the European Union.
It has voted on whether to ban price-led promotions on alcoholic drinks following concerns that they are anti-competitive. The European proposal put forward by Green MEP Heidi Anneli Hautala was withdrawn after pressure from British MEPs.
But if passed it could have meant the end of the traditional pub happy hour and promotions such a buy-one-get-one-free.
The pub trade could also yet feel the impact of employment legislation. Europe is debating the proposed EC Agency Workers Directive. The aim of the directive is to stop the exploitation of temporary staff and to give them the same rights as a permanent member of staff.
The fear in the industry is that such a directive would increase costs for licensees and members of the pub trade.
The Working Time Directive has, according to Tony Payne of the Federation of Licensed Victuallers Associations (FLVA), already "cost licensees a lot of money". And surveys on red tape have showed time and again that it is employment regulations that have hit publicans the hardest.
These issues have all served to highlight the power the EU has over UK pubs, and while many of the recommendations it puts forward have been amended following trade lobbying efforts, it shows how vital these efforts are and also demonstrates the danger of ignoring Europe.
European legislation on issues such as noise levels and employment is impacting on the pub trade and will continue to do so. But trade associations are mindful of this.
Mark Hastings said: "It is essential to keep a watchful and vigilant eye on Europe. We are aware of the agenda and are on top of it to ensure the best interests of the British beer and pub industry are met."
Georgina Wald, of the British Institute of Innkeeping (BII), agreed.
She said: "As with anything it is difficult for licensees to keep up with all the legislation that is coming into force from various government bodies. In fact it's hard enough for trade associations to keep up.
"The fact is, though, that Europe is there and the BII in conjunction with other trade associations will best represent licensees' points of view to members of the European parliament."
European legislation
Latest legislation in Europe to affect the pub sector:
- Noise - attempts to introduce a limit on pub noise.
Legislation still under debate - Price-promotions and happy hours - attempts to ban these.
Amendment dropped by EU after trade lobbying efforts. - Food - calls for new food-labelling laws and hygiene regulations.
Legislation still in the pipeline - Employment - calls for temporary staff to have the same rights as permanent workers.
EC Agency Workers Directive currently being passed.
