The Accidental Smallholder Forum

Community => Coffee Lounge => Topic started by: chris3000 on October 06, 2012, 09:56:07 am

Title: Alcohol Licensing
Post by: chris3000 on October 06, 2012, 09:56:07 am
Wasn't sure where to put this .....

Do I need a licence to gift a bottle of wine?

We have started doing hampers made up of our products and we wondered if we are allowed to gift a bottle of wine to go with them?

Will we need a licence, or as we are not charging for it, can it be simply a gift and therefore not needing a licence?

Its probably a grey area but thought someone may know

Thanks

Chris
Title: Re: Alcohol Licensing
Post by: plumseverywhere on October 06, 2012, 10:05:30 am
Will be interested to hear others thoughts on this as we give away bottles of plum wine to friends and family as gifts.

Title: Re: Alcohol Licensing
Post by: chris3000 on October 06, 2012, 10:07:18 am
Just to clarify .... we sell the hampers .... but wouldn't charge for the wine
Title: Re: Alcohol Licensing
Post by: Hermit on October 06, 2012, 10:10:29 am
 I think you would have to prove you are not 'selling' the wine. Just ring and ask. I only found out yesterday you need a gambling licence to sell raffle tickets! and prove prizes were donated or bought!
Title: Re: Alcohol Licensing
Post by: Moleskins on October 06, 2012, 10:17:28 am
Will be interested to hear others thoughts on this as we give away bottles of plum wine to friends and family as gifts.
Speaking as a longstanding friend of Plums  ;D
I'm sure you don't need a licence to give a bottle of wine as a gift.
Title: Re: Alcohol Licensing
Post by: plumseverywhere on October 06, 2012, 10:36:52 am
Will be interested to hear others thoughts on this as we give away bottles of plum wine to friends and family as gifts.
Speaking as a longstanding friend of Plums  ;D
I'm sure you don't need a licence to give a bottle of wine as a gift.

 ;D  love it!
Title: Re: Alcohol Licensing
Post by: benkt on October 06, 2012, 01:55:51 pm

I believe gifting of wine is legal, from a reading of HMRC notice 163 on wine production:


http://customs.hmrc.gov.uk/channelsPortalWebApp/channelsPortalWebApp.portal?_nfpb=true&_pageLabel=pageExcise_ShowContent&id=HMCE_PROD1_029568&propertyType=document (http://customs.hmrc.gov.uk/channelsPortalWebApp/channelsPortalWebApp.portal?_nfpb=true&_pageLabel=pageExcise_ShowContent&id=HMCE_PROD1_029568&propertyType=document)


it says:
Quote
3.2 Can I produce wine without a licence?
You may only produce wine without an Excise licence if the wine is not for sale.


Compare this to the more generous rules on cider production (notice 162)
Quote
3.1
 Do I need to register?
Yes, if:


you make or propose to make cider for sale, and
your total production - including cider for your own consumption - in any rolling period of 12 consecutive months either exceeds 70 hectolitres (7000 litres), or is likely to do so.
You must also advise us if you render cider sparkling (see section 5), unless you intend to carry out this process in an Excise warehouse. You may produce cider and render cider sparkling on the same registered premises.


And the less generous rules on beer brewing:


Quote
4.4 Exemption from registration


You do not need to apply for registration to produce beer in the following
circumstances:


brewing solely for your own domestic consumption, or


brewing only for research or experimental purposes - see section
17.
Title: Re: Alcohol Licensing
Post by: Fowgill Farm on October 06, 2012, 02:04:57 pm
i would say you can give a bottle of wine on its own as a gift no problem but if it is part and parcel of a package been sold for example a hamper then it would need a licence to sell as it could not be separated out from the other items in the hamper. Simples really.
mandy :pig:
Title: Re: Alcohol Licensing
Post by: bucketman on October 06, 2012, 02:46:05 pm
this one has got me and we run own a pub but my gut feeling is you would need a license. but I do know the hampers would need to be paid for by credit card so you would know that the person buying it was over 18 if selling by phone or the net. I will ask round and see what the people who run the other pub say
and by the way the Alt our pub is going ok  :relief: :relief: :relief:
rob
Title: Re: Alcohol Licensing
Post by: Lesley Silvester on October 06, 2012, 03:22:54 pm
I think it would be difficult to prove that you were gifting the wine but ringing the licensing people would be the best way to find out.
Title: Re: Alcohol Licensing
Post by: Backinwellies on October 06, 2012, 05:55:57 pm
At school functions at Christmas we have often sold  a mince pie  and given with it a  FREE  glass of mulled wine ...... wouldn't like to say this was legal ..... but maybe less illegal than selling the mulled wine???
Title: Re: Alcohol Licensing
Post by: bangbang on October 06, 2012, 06:42:42 pm
I would imagine if you labelled your product as a 'free' bottle of wine included
it should satisfy all concerned.... :fc:
Title: Re: Alcohol Licensing
Post by: bloomer on October 06, 2012, 06:49:58 pm
getting an alchohol license is easy enough. i don't know about scotland but in england and wales the licenses are on a will issue unless there is a good reason not to basis...


i did the training for mine then got made redundant before i did all the paperwork and didn't need it anymore!!!

Title: Re: Alcohol Licensing
Post by: plumseverywhere on October 06, 2012, 07:17:51 pm
Is it expensive to get the license though bloomer? would be interested to look into it as still keen to make Ultimate Bath Pamper Boxes (bath stuff and wine  ;) )
Title: Re: Alcohol Licensing
Post by: bloomer on October 06, 2012, 07:27:25 pm
i don't know these days when i did it it was a 1 day course that cost about £100 quid and then some paperwork.


i believe you can get the course for a lot less if you look at local colleges etc
Title: Re: Alcohol Licensing
Post by: plumseverywhere on October 06, 2012, 07:29:30 pm
 :thumbsup: thank you
Title: Re: Alcohol Licensing
Post by: bucketman on October 06, 2012, 11:14:11 pm
we done our license thing it was about £500 for two but calm down we did a Scottish one in England. one day course It should only be £100 for the course then about £50 for a police check CIB or CBI in England then £10 to the concil for your license. We paid extra as we where the only ones the course (not much call for a Scottish license in England). But look at it this way if you bought something and when it arrived there was a free bottle with it would any one complain never mind report you
rob
Title: Re: Alcohol Licensing
Post by: Factotum on October 06, 2012, 11:42:13 pm
I get the licences for our village hall events when we're going to sell alcohol - each licence costs £10. We don't get licences for those events when we do a 'Bring your own Bottles' as the licence is not necessary, we're not selling it.

You'd best ring your local council and speak to the licencing clerk - they're the experts.

Sue