Trade Talk: Graeme Cushion
Graeme Cushion, solicitor and head of Poppleston Allen's regulatory crime department on enforcement issues.
Many licensees will have noticed a higher level of enforcement visits over recent months, especially from the police, in their much publicised "blitzes" on underage sales and drunkenness. These situations cannot be underestimated, but you must also be aware that there are other enforcement issues which can give rise to prosecution.
Deliberate watering down of spirits is clearly a serious matter, in relation to which a prosecution by Trading Standards under the Food Safety or Trade Descriptions legislation would normally follow. Fines can be up to £20,000 per offence in the magistrates' court, with unlimited fines in the crown court for the most serious offenders.
The legislation, however, extends beyond those who deliberately seek to defraud the public and can also catch those who inadvertently and through poor storage of spirits, fall short in the levels of ABV.
The washing of free pourers and their replacement when wet is a potential hazard. While we work closely with clients to ensure that health and safety issues are managed and monitored, we also need to ensure that their practices are within the law.
Free pourers need to be cleaned and dried to avoid the introduction of water to the spirit and the subsequent reduction in ABV. This problem can be magnified in the spirits that are less frequently used, with the water content rising over a longer period of time.
Another less obvious problem can be created when spirits are exposed to the elements for long periods, especially where temperatures fluctuate. This can cause evaporation of alcohol and a subsequent weakening of spirits to occur. Our experience at Poppleston Allen shows that different courts take different views as to the seriousness of offences. However, operators can protect themselves by the introduction of a proper due diligence system. Training of staff is essential to ensure that they are aware of the risks and the importance of storing spirits correctly.
Random testing should also be carried out by operators to make sure that spirits fall within the prescribed ABV limits. The Food Labelling Regulations only allow a deviation of 0.3 per cent from the ABV stated on the bottle, so any product that falls below this level should be discarded.
