giving away free booze at a commercial premises?

giving away free booze at a commercial premises?

Author
Discussion

glasgowrob

Original Poster:

3,240 posts

121 months

Tuesday 25th August 2015
quotequote all
Wife is opening a new shop next week and is worried she'll be doing something wrong giving away some free cheap plonk to customers on opening day.


will she be breaking any laws etc or is there any potential implications we need to consider?


nothing hard obviously some glasses of fizzy wine to go alongside some opening day discounts



we're in Scotland if that makes a difference

velocefica

4,640 posts

108 months

Wednesday 26th August 2015
quotequote all
No rule broken AFAIK.

A local music shop used to give away free beer to every customer that came in the week before Christmas they never had any problems

anonymous-user

54 months

Wednesday 26th August 2015
quotequote all
I would suggest contacting your local licensing (LL)as this is a grey area.

You are supplying alcohol and could as such require a license for this, but speak with the LL qty's etc and they should clarify the situation better to cover yourself, might be a 5 minute phone call.

berlintaxi

8,535 posts

173 months

Wednesday 26th August 2015
quotequote all
I would think it will not be an issue, bought a painting in an art gallery a couple of weeks ago over a couple of glasses of champagne.

HTP99

22,529 posts

140 months

Wednesday 26th August 2015
quotequote all
I believe, an issue arrives if you sell it, so giving it away and donations are fine.

R_U_LOCAL

2,677 posts

208 months

Wednesday 26th August 2015
quotequote all
Licensing legislation is quite different in Scotland in a number of respects in comparison with England and Wales.

In E&W, the Licensing act 2005 governs the sale and supply of alcohol and in the circumstances you describe, your wife would require a temporary event notice to supply alcohol at her business to members of the public (even if its given away free of charge). TENs are an easy process, the fee is only £21 and they need to be submitted to the local authority at least 5 working days before the event.

In Scotland, the Licensing (Scotland) Act 2005 only governs the sale of alcohol. No reference is made to supply other than in relation to member's clubs, and temporary event notices do not exist in Scotland. My interpretation of this is that your wife should be ok to supply small amounts of alcohol to customers as part of a one-off event, but she could still be committing offences if she supplies alcohol to anyone under 18, to anyone on behalf of under 18s, to anyone who is drunk etc.

I'm a local authority licensing manager for an English council, so I'm no expert on Scottish licensing law, but having had a quick look at the Scottish legislation, I think she'll be fine. It might be worth speaking with a licensing officer at your local council just to be doubly sure.

Davie_GLA

6,521 posts

199 months

Wednesday 26th August 2015
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I'm in Glasgow. I'll come along just to keep you right mate.

Where is it? biggrin

Johnny 89

824 posts

152 months

Wednesday 26th August 2015
quotequote all
OT but how do the new age hipster barber shops manage to give away free beer?

Adrian E

3,248 posts

176 months

Wednesday 26th August 2015
quotequote all
Johnny 89 said:
OT but how do the new age hipster barber shops manage to give away free beer?
They probably shouldn't - hairdresser my wife used to use would offer a glass of wine etc while your hair was getting done. They stopped when it was pointed out to them that they were effectively selling alcohol (because you were getting it as part of a haircut that you were most definitely paying for) and required a licence.

This is based on what my wife was told, so may be true or may be folklore!

George111

6,930 posts

251 months

Wednesday 26th August 2015
quotequote all
glasgowrob said:
cheap plonk
Make it something nice not cheap plonk.

R8Steve

4,150 posts

175 months

Wednesday 26th August 2015
quotequote all
George111 said:
glasgowrob said:
cheap plonk
Make it something nice not cheap plonk.
99% of people won't know the difference or care so i'd go for the cheap option as well.

There shouldn't be an issue doing it in Glasgow. I do it through a business venture, Cruise gives you beers while you shop, Bridal shops give you champagne, even my hairdresser gives beers/wines out, it seems to be quite common and as long as it's free there shouldn't be an issue.

covboy

2,575 posts

174 months

Wednesday 26th August 2015
quotequote all
Slightly off topic and probably very non-pc these days, many (many) years ago as a kid I went on a pub/club coach outing to the seaside and as was usually the case, the establishment provided a few crates of stuff to go in the coach boot for the adults looking after us. At a stop on the motorway coming back some of this was being cracked open, when they got “accosted” by a Motorway BIB and told they couldn’t sell alcohol. When told it wasn’t being sold, but given away, the response was “Oh” (whispered) “have you got a couple of bottles to spare then?”

glasgowrob

Original Poster:

3,240 posts

121 months

Wednesday 26th August 2015
quotequote all
cheers folks,


will give the local LA a quick call to confirm

55palfers

5,904 posts

164 months

Wednesday 26th August 2015
quotequote all
Just do it.

Ste1987

1,798 posts

106 months

Wednesday 26th August 2015
quotequote all
I would have thought that if it's free entry, and free plonk, there should be no issues

Chrisgr31

13,462 posts

255 months

Wednesday 26th August 2015
quotequote all
R_U_LOCAL said:
Licensing legislation is quite different in Scotland in a number of respects in comparison with England and Wales.

In E&W, the Licensing act 2005 governs the sale and supply of alcohol and in the circumstances you describe, your wife would require a temporary event notice to supply alcohol at her business to members of the public (even if its given away free of charge). TENs are an easy process, the fee is only £21 and they need to be submitted to the local authority at least 5 working days before the event.

In Scotland, the Licensing (Scotland) Act 2005 only governs the sale of alcohol. No reference is made to supply other than in relation to member's clubs, and temporary event notices do not exist in Scotland. My interpretation of this is that your wife should be ok to supply small amounts of alcohol to customers as part of a one-off event, but she could still be committing offences if she supplies alcohol to anyone under 18, to anyone on behalf of under 18s, to anyone who is drunk etc.

I'm a local authority licensing manager for an English council, so I'm no expert on Scottish licensing law, but having had a quick look at the Scottish legislation, I think she'll be fine. It might be worth speaking with a licensing officer at your local council just to be doubly sure.
If memory serves me correctly the fee is £21 if served more than 10 working days in adavance, a higher fee is payable if you find yourself relying on the 5 day option.

R_U_LOCAL

2,677 posts

208 months

Wednesday 26th August 2015
quotequote all
Chrisgr31 said:
If memory serves me correctly the fee is £21 if served more than 10 working days in adavance, a higher fee is payable if you find yourself relying on the 5 day option.
No, the fee is £21 for both standard and late TENs.

The biggest difference is that if the police object to a standard (more than 10 days notice) TEN, the local authority must hold a hearing, whereas for a late TEN, if the police or environmental health object, the notice is simply refused.

But the fee is the same for both.