UK Law - Brewing on a work premise

[Beef]

Just a pointless, antagonistic comment that adds nothing. Apology accepted.

 

[An Ankoù]

I wonder if "quality controllers" ie, anyone who tastes the beer and ventures an opinion, count as being involved in the brewing process.
So:
" Have, a pint of my latest, Jack"
"Don't mind if I do, Brian. Thank you."
"Mmm. That was lovely."
"Fancy another?"
"Not 'arf!"

Works for me!

 

[Sadfield]

This would make entering beer competitions illegal!!

Probably, in theory, but then there is a big difference in something being illegal and liable for taxation. You could argue tax avoidance, but then it becomes a question of whether it's worth pursuing, or being pursued for it.

 

[xozzx]

Just a pointless, antagonistic comment that adds nothing. Apology accepted.

Really not sure what your problem is? My original comment was not even arguing against your point, just an interesting observation. Anyway, cant be bothered with childish behaviour so ignored

 

[PhilBrew]

Hi Beef

according to legal advice I’ve been given, giving beer to anyone that did not take part in the brewing process is tax evasion (i.e. very naughty).

... I know you're just passing on the message ... but if that were true, I was breaking the law last Christmas when I handed a pint of my homebrew to my Father-in-law, in fact (I suppose there are some very lonely homebrewers out there, but) virtually every single homebrewer would be breaking the law, just about ALL the time

I run an amateur brewery with the specific intention of giving away our beer to the public so, to avoid any legal trouble, we have registered with HMRC as a brewery and pay discounted excise duty on everything we brew (roughly £20 per 100 litres - depending on strength) this allows us to give it away to anyone.

... ahhh, so there's the context of your legal advice, brewing for yourself and giving the products of your brews to your friends and family (or even work colleagues or brew club chums) is one thing, but you're not doing that. I don't know what basis you give away your beer "to the public" but presumably the context of your "legal advice" is suggesting that the "gifts" to the public doesn't constitute the personal use that attracts the homebrewing let on duties.


But that's NOT the context that the OP had anyway ... and since he posted his question in April 2016 and hasn't posted since, I suppose we might never know if he ever got his question answered, and whether or not he ever got agreement to brew at his workplace and whether their company BBQ was a great success

Cheers, PhilB

 

[-Bezza-]

Well this thread got weird.

 

[darkbright]

Well this thread got weird.

Yeah, not used to this on this forum.

 

[An Ankoù]

Yeah, not used to this on this forum.

Moi non plus.

 

[Sadfield]

But that's NOT the context that the OP had anyway ... and since he posted his question in April 2016 and hasn't posted since, I suppose we might never know if he ever got his question answered, and whether or not he ever got agreement to brew at his workplace and whether their company BBQ was a great success

Out on parole soon.

Pesky resurrected threads.

 

[An Ankoù]

Out on parole soon.

Pesky resurrected threads.

Zombie threads, you mean.

 

[Chippy_Tea]

Just a pointless, antagonistic comment that adds nothing. Apology accepted.

His comment about competitions was relevant to the discussion so your response above was unnecessary, this forum has a reputation of being a friendly place please consider this next time you post.

He owes you no apology!

.

 

[Leon103]

Just getting the popcorn

 

[nottsbl]

Since its a popcorn thread, just have to join in (a gallon of home brew under my belt...) - I am startled that in an age of zero hours contracts, most claimants of child support being in full time work (i.e. many full time jobs can't house, feed and clothe a family) many working people being buried under a torrent of neo-liberal excrement, we're asking - can I brew beer at work? Marie Antoinette anyone? ("Let them brew beer");

 

[Llamaman]

The moderators might like to consider adding a disclaimer to any thread with the word ‘law’ or ‘legal’ in it, given the Court of Appeal’s position in Gary & Karen Patchett v Swimming Pool & Allied Trades Association Ltd (SPATA) (2009)


Edit: I am not a qualified legal professional, my comments are on general principles and do not constitute legal advice, all opinions are my own, and qualified legal advice should be sought. Etc. So there!

 

[An Ankoù]

The moderators might like to consider adding a disclaimer to any thread with the word ‘law’ or ‘legal’ in it, given the Court of Appeal’s position in Gary & Karen Patchett v Swimming Pool & Allied Trades Association Ltd (SPATA) (2009)


Edit: I am not a qualified legal professional, my comments are on general principles and do not constitute legal advice, all opinions are my own, and qualified legal advice should be sought. Etc. So there!

Without prejudice to the aforementioned. tap-room lawyers can and regularly do put the world to rights, which is more than the overpaid leeches who consider themselves professionals ever do.

 

[darkbright]

Gratuitous Simpson's quote - "who made you Judge Judy and executioner?"

 

[GerritT]

Hi,

I am trying to convince my HR department to let a few of us brew beer at our office and then the staff will drink each batch.

Can anyone point me to any information on the UK legalities of doing this? We will not be selling any of it, so it will be brewed and consumed at the office by the staff.

Any help, much appreciated.

Thanks,

Jack

If you brewed it at home, would you be allowed to bring it in, give it away and have it consumed by staff?
If HR agrees with that, then only the brewing would be a possible issue. Beware, the brew might not be handed out as compensation for an act or service. Then it could be considered payment.

E.g. staff works an extra half hour on Fridays (without pay), and gets use of the premises to consume the brought-in beer.

Health and Safety comes to mind though. And what if the fv leaks and the server room (where it's a nice temperature for lagering) gets short-circuited to oblivion? Whose insurance covers it?

 

[Chippy_Tea]

The moderators might like to consider adding a disclaimer to any thread with the word ‘law’ or ‘legal’ in it, given the Court of Appeal’s position in Gary & Karen Patchett v Swimming Pool & Allied Trades Association Ltd (SPATA) (2009)
Edit: I am not a qualified legal professional, my comments are on general principles and do not constitute legal advice, all opinions are my own, and qualified legal advice should be sought. Etc. So there!

I think our American site owner has it covered - https://www.thehomebrewforum.co.uk/tos/

.

 

[Chippy_Tea]

If you brewed it at home, would you be allowed to bring it in, give it away and have it consumed by staff?

This sums it up -

Home brewing is for personal use only. No one will arrest you if you give out a couple of bottles to your mates to take home, but it is still illegal.

You need to have a license to produce and hold beer, approved by HMRC. Since April 2016 to sell beer as a wholesaler you need to be AWRS registered. Furthermore to sell to the public you have to have a personal license, and the premises from which you are conducting business need to be licensed for off or on trade as appropriate.

From deleted questions/comments:

"section 175 of the licensing act 2003, which allows you to conduct a raffle with alcohol as a prize in some circumstances"

Yes, but this alcohol has to be duty paid you can't just hand out home brew.

"Don't sell alcohol, sell raffle tickets in an “everyone is a winner” scenario"

HMRC got wise to this and clamped down.

https://homebrew.stackexchange.com/questions/2816/can-i-sell-my-homebrew-in-the-uk

 

[PhilBrew]

Hi Chippy

This sums it up -
Home brewing is for personal use only. No one will arrest you if you give out a couple of bottles to your mates to take home, but it is still illegal.

... do you have a reference for that? Or is that based on your personal reading of the legislation?

Cheers, PhilB