UK Law - Brewing on a work premise
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My quote in post 39 was from the link at the bottom of it its not my personal reading of it, there was a big discussion about this subject here a while ago (i have looked and cannot find it) basically the outcome was it is illegal to give home brew away but obviously the likelihood of anyone being prosecuted for giving the odd bottle of HB to friends and family is almost zero.
Here is something i have found on the subject.
Registration of producers of beer.
(1)A person who produces beer on any premises in the United Kingdom must be registered with the Commissioners under this section in respect of those premises; and in this Act “registered brewer means a person registered under this section in respect of any premises.
(2)A person who produces beer on any premises shall not be required to be registered under this section in respect of those premises if the beer is produced solely for his own domestic use or solely for the purposes of research or experiments in the production of beer.
http://www.legislation.gov.uk/ukpga/1991/31/section/7
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PhilBrew
Landlord.
Hi Chippy
Hmmm, I guess this may well be a moot point
... as you say ...
But in other areas of UK law, gifting of items (so long as they are given freely, no strings attached) have been judged as falling within the bounds of "personal use" ... and in respect of gifts of alcohol, even ... IIRC that was when cases of individuals when bringing large amounts into the UK from the EU had alcohol seized after saying they planned to give it as gifts , so they took their cases to court and won ... as a result, the advice on the gov.uk website (link) no longer uses the phrase "for personal use", as in the legislation, and nowadays they spell it out as "will use them yourself or give them away as a gift" ... so why would home brewed beer be treated any different?
Cheers, PhilB
Hmmm, I guess this may well be a moot point
... as you say ...
... means the chances of getting any judicial decision(s) on the meanings of the terms "personal consumption" and "domestic use" (in the legislation) are equally low.
But in other areas of UK law, gifting of items (so long as they are given freely, no strings attached) have been judged as falling within the bounds of "personal use" ... and in respect of gifts of alcohol, even ... IIRC that was when cases of individuals when bringing large amounts into the UK from the EU had alcohol seized after saying they planned to give it as gifts , so they took their cases to court and won ... as a result, the advice on the gov.uk website (link) no longer uses the phrase "for personal use", as in the legislation, and nowadays they spell it out as "will use them yourself or give them away as a gift"
... so why would home brewed beer be treated any different?Cheers, PhilB
Its just another example of the stupid laws we have in this country 
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Same laws everywhere: it's illegal but normally spoken there will be no action.
Yet.
Belgium and the Netherland the same: iirc domestic use means using in domicile, as in in your own house.
So not taken to the brew guild, a mate's wedding, the beach, you name it.
Yet.
Belgium and the Netherland the same: iirc domestic use means using in domicile, as in in your own house.
So not taken to the brew guild, a mate's wedding, the beach, you name it.
PhilBrew
Landlord.
Hi GerritT
... so, when the Alcoholic Liquor Duties Act of 1979 put exclusions for registering breweries and for paying duty on beer brewed for "domestic use", it didn't mean to be used just in the house, it meant for the (personal) use of the members of the family/household
Cheers, PhilB
... No, that's what "domestic" means in general English ... but, in UK law "domestic" is to do with members of your family or household ... e.g. if you choose to abuse, commit violent acts upon, control, coerce or use threatening behaviour towards Mrs GerritT, it won't matter whether you do that at home, in the park, in the car travelling down the M6, wherever, it'd be classed as "domestic abuse" according to the recent Domestic Abuse Bill (link)
... so, when the Alcoholic Liquor Duties Act of 1979 put exclusions for registering breweries and for paying duty on beer brewed for "domestic use", it didn't mean to be used just in the house, it meant for the (personal) use of the members of the family/household Cheers, PhilB
And remember De minimus non curat lex? - Roughly translated (to the unwashed) as 'Judges hate custard,,,'
or, The law does not concern itself with trifles!'
Any prosecution would have to pass the PACE tests and that of the CPS equivalent,,,, Although HMRC penalties are unlimited civil fines.
In Trading Standards I always worked on the principle of; Ok, it's your first time, then give them enough rope,,,,,
I have waited many years to share this useless bit of info,,, Thank you
or, The law does not concern itself with trifles!'
Any prosecution would have to pass the PACE tests and that of the CPS equivalent,,,, Although HMRC penalties are unlimited civil fines.
In Trading Standards I always worked on the principle of; Ok, it's your first time, then give them enough rope,,,,,I have waited many years to share this useless bit of info,,, Thank you
Immersing myself into beer law in Michigan was exhausting. From what I finally understood, I am not even allowed to transport it to another location. Basically, I can have people over to drink it but not pay for it. I am allowed to brew an amount that does not exceed 200 gallons in a year (I make 25).
My niece, innocently, asked me to make beer for her wedding and this was clearly illegal. As it turned out, I could have brought in 1,000 gallons of home brew to the venue since no one was keeping tabs.
It's another example of the fallacy that there are enough police to keep tabs on the general population.
My niece, innocently, asked me to make beer for her wedding and this was clearly illegal. As it turned out, I could have brought in 1,000 gallons of home brew to the venue since no one was keeping tabs.
It's another example of the fallacy that there are enough police to keep tabs on the general population.
I think you have to look at how law generally works in the UK. We have laws that, in themselves, do nothing - it's the enforcement of those laws that we have to worry ourselves with. The law may be very narrow in definition and often that narrow definition is not enforced because there is no "mischief" - in other words, the laws are written because there is a perceived wrong that needs righting and the law will typically only be enforced where that wrong arises or is at serious risk of arising without punishment.
So in the case of beer production, parliament decides it wants to tax alcohol. But similarly, they don't see homebrew as something that warrants taxing so have provided an exemption. But then someone comes along and says they want to give homebrew away or serve it for free to the public at a charity event or whatever. That's not homebrew. Will HMRC seek to enforce? Very unlikely in itself, because a) this isn't something that revenue inspectors are going to be monitoring (unless you're very unlucky and there happens to be a grumpy, tee total alcohol duties inspector at the event) and b) this isn't the "mischief" they are after. But if something did go wrong along the way, e.g. people got ill or it turned out you'd made some super-stella and everyone had got a bit fighty, then you might expect some sort of enforcement action is brought against you, because the letter of the law had been broken.
And of course, if the law was written in a broader way, people would then want to push the new boundaries. Expand the definition of homebrew a little further and you get these tiny peco breweries or guys brewing to serve in their hotel on a remote Scottish island suggesting that what they're doing is actually homebrew. And on it goes.
In a workplace, you're already outside of the strict letter of the law, so anything goes wrong and you're in trouble. Overlay the health and safety aspects and the risk to an employer of allowing use of the workspace just isn't likely to seem worth it even if it's not what the law intended to capture or has any real chance of enforcement.
Do I give my beer away? Yes, but it's probably not legal.
Would I brew beer to give away for free at an event? Yes, but it's almost certainly not legal.
Would I ask for money for my beer? No, not without registering with HMRC first.
So in the case of beer production, parliament decides it wants to tax alcohol. But similarly, they don't see homebrew as something that warrants taxing so have provided an exemption. But then someone comes along and says they want to give homebrew away or serve it for free to the public at a charity event or whatever. That's not homebrew. Will HMRC seek to enforce? Very unlikely in itself, because a) this isn't something that revenue inspectors are going to be monitoring (unless you're very unlucky and there happens to be a grumpy, tee total alcohol duties inspector at the event) and b) this isn't the "mischief" they are after. But if something did go wrong along the way, e.g. people got ill or it turned out you'd made some super-stella and everyone had got a bit fighty, then you might expect some sort of enforcement action is brought against you, because the letter of the law had been broken.
And of course, if the law was written in a broader way, people would then want to push the new boundaries. Expand the definition of homebrew a little further and you get these tiny peco breweries or guys brewing to serve in their hotel on a remote Scottish island suggesting that what they're doing is actually homebrew. And on it goes.
In a workplace, you're already outside of the strict letter of the law, so anything goes wrong and you're in trouble. Overlay the health and safety aspects and the risk to an employer of allowing use of the workspace just isn't likely to seem worth it even if it's not what the law intended to capture or has any real chance of enforcement.
Do I give my beer away? Yes, but it's probably not legal.
Would I brew beer to give away for free at an event? Yes, but it's almost certainly not legal.
Would I ask for money for my beer? No, not without registering with HMRC first.
the_quick
Landlord.
Wow, I have committed illegal act than. I gave away 20L of beer for staff party at work. Shame on me.
On regular occasion I give beer to friends - as I like them and so they can give me feedback. Wasn't aware of those laws to be honest. In reality I guess no one will start chasing any of us for those offences - to small potatoes
On regular occasion I give beer to friends - as I like them and so they can give me feedback. Wasn't aware of those laws to be honest. In reality I guess no one will start chasing any of us for those offences - to small potatoes
Jeez I need a beer 
Worst IPA recipe ever.
the_quick
Landlord.
But good moonshine :P
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