Weights and Measures (Beer and Cider) Bill

House of Commons

Session 1997-98
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Arrangement of Clauses (Contents)

Weights and Measures (Beer and Cider) Bill

EXPLANATORY MEMORANDUM

The Bill makes it an offence to sell draught beer or cider otherwise than in liquid quantities when the sale is a sale by retail and by quantity.

The Bill, in effect, re-enacts for draught beer and cider section 19 of the Weights and Measures Act 1979 which, on consolidation, became section 43 of the Weights and Measures Act 1985 ("the 1985 Act"). Neither section was brought into force and section 43 was repealed by the Deregulation and Contracting Out Act 1994.

However, the scope of the Bill is wider than that of the old section 43 in that the Bill applies to draught beer and cider which is sold voluntarily by quantity (for example, beer and cider which contains no, or a very low, alcoholic content or shandy of which beer or cider is a part).

Clause 1 provides for the insertion of a new section 43 into the 1985 Act.

Section 43(1) ensures that, where beer and cider is required to be sold by the pint, that requirement is to serve a liquid pint. Failure to do so may constitute an offence under section 25 of the 1985 Act.

Section 43(2) creates a new offence to deal with sales of draught beer and cider which are not caught by section 43(1). This is where draught beer or cider is sold voluntarily by quantity. As with beer and cider sold by the pint, that quantity must be a liquid quantity.

Section 43(3) provides for the defence in section 34 of the 1985 Act to apply in relation to offences under section 43(2). This is the defence of having taken reasonable precautions and exercised all due diligence to avoid the commission of an offence.

Section 43(4) ensures that nothing in section 43 will prejudice the construction of certain references in section 8 of the 1985 Act or the powers conferred by section 22 of that Act.

Section 43(5) defines beer and cider for the purposes of the section.

Clause 2 makes corresponding provision for Northern Ireland.

Clause 3 deals with the short title, commencement and extent of the Bill. Clauses 1 and 2 will be brought into force by commencement order.

© Parliamentary copyright 1997
Prepared 26 November 1997

Weights and Measures (Beer and Cider) Bill

	EXPLANATORY MEMORANDUM
	The Bill makes it an offence to sell draught beer or cider otherwise than in liquid quantities when the sale is a sale by retail and by quantity.
	The Bill, in effect, re-enacts for draught beer and cider section 19 of the Weights and Measures Act 1979 which, on consolidation, became section 43 of the Weights and Measures Act 1985 ("the 1985 Act"). Neither section was brought into force and section 43 was repealed by the Deregulation and Contracting Out Act 1994.
	However, the scope of the Bill is wider than that of the old section 43 in that the Bill applies to draught beer and cider which is sold voluntarily by quantity (for example, beer and cider which contains no, or a very low, alcoholic content or shandy of which beer or cider is a part).
	Clause 1 provides for the insertion of a new section 43 into the 1985 Act.
	Section 43(1) ensures that, where beer and cider is required to be sold by the pint, that requirement is to serve a liquid pint. Failure to do so may constitute an offence under section 25 of the 1985 Act.
	Section 43(2) creates a new offence to deal with sales of draught beer and cider which are not caught by section 43(1). This is where draught beer or cider is sold voluntarily by quantity. As with beer and cider sold by the pint, that quantity must be a liquid quantity.
	Section 43(3) provides for the defence in section 34 of the 1985 Act to apply in relation to offences under section 43(2). This is the defence of having taken reasonable precautions and exercised all due diligence to avoid the commission of an offence.
	Section 43(4) ensures that nothing in section 43 will prejudice the construction of certain references in section 8 of the 1985 Act or the powers conferred by section 22 of that Act.
	Section 43(5) defines beer and cider for the purposes of the section.
	Clause 2 makes corresponding provision for Northern Ireland.
	Clause 3 deals with the short title, commencement and extent of the Bill. Clauses 1 and 2 will be brought into force by commencement order.