Legal advice from Peter Coulson
Size does matter when it comes to offering Optics
Q I recently read in your paper that someone has been offered over-size Optics. Isn't this illegal? I thought all Optics had to be the same size throughout the premises?
A Not necessarily. It depends entirely on what type of product is being offered for sale. As the law now stands, there is a clear distinction between the four named spirits - gin, rum, vodka and whisky - and any other spirit or wine-based alcoholic drink.
Under weights and measures regulations, there is a choice of 25ml or 35ml measures for those four. The choice between them is up to you, but it is quite true that it must be the same measure all over the pub. You cannot mix them.
It means that for anything on the back bar other than those four named spirits, you can use whatever measure you like. But it would be sensible in most cases to standardise your measures for spirits, in line with your choice for the most popular ones, for very sound stocktaking and control reasons.
There is another obligation, which survives the change in licensing laws. You must also post a notice up in each bar stating the measure in use for the four spirits. Failure to do this is an offence. If you change the measure, you must obviously change the notices.
Trading standards officers will no doubt continue to check pubs to see they comply with the law in this regard, but they cannot insist on you using any specific measure for other spirits, liqueurs and fortified wines.
However, if they see a measure stated in writing, either on the pourer, on a price list or on a display card, they are entitled to check the instrument to make sure it delivers what you claim. So there could still be cases where they test 'old' measures.
Rules to remember with children and bar work
Q You mentioned children working in bars recently and said that it was now legal under 18. But a local council official has said we have other regulations to comply with if we employ youngsters.
A Of course he's right. Although it now isn't illegal in a pub to have youngsters doing jobs in the bar, if there is any form of employment involved, two other matters need to be considered.
The first is that using children of school age in any employment may fall foul of local authority bylaws, especially during school hours. You should always check with the council if there are any rules on employing youngsters.
Secondly, employment laws lay down maximum hours of work for young persons, especially at night, and specified rest periods as well. These laws apply just as much to part-time work in a pub as they do to any other commercial employer.
If the bar working turns into some type of formal employment for these young people, then you must take these factors into consideration.
Pub off-sales dilemma
Q We have an off-sales department at this pub. Have the laws changed in any way with regard to making off-sales, or can we carry on as before?
A Off-sales departments of on-licensed premises did have special rules, which were more relevant when permitted hours were different (for example, off-licences had no afternoon break).
It was made a rule that there should be no internal communication for customers. This may well have been expressed as a condition on the licence, in which case it might have carried over to the premises licence.
However, under the new law there is no distinction with regard to hours, unless you have specifically requested different hours for on and off-sales, or have done a straight conversion, in which case the off-licence section will have longer hours as of right.
