Beer Regulations 1978

JurisdictionUK Non-devolved

1978 No. 893

CUSTOMS AND EXCISE

The Beer Regulations 1978

21stJune 1978

4thJuly 1978

1stSeptember 1978

ARRANGEMENT OF REGULATIONS

Part I

PRELIMINARY

Regulation

1. Citation and commencement.

2. Interpretation.

Part II

BREWING

3. Entry of brewery premises.

4. Placing and fixing of vessels.

5. Brewing book.

6. Notice of brewing or dissolving.

7. Order of brewing or dissolving.

8. Produce of different brewings and dissolvings to be kept separate.

9. Application of the Act of 1952 to solution.

10. Yeast pressings.

11. Determination of gravity of worts.

Part III

PRIMING PREMISES

12. Entry of priming premises.

13. Separate room for storage and use of solution.

14. Fixed and movable vessels.

15. Origin of solution.

16. Removal of solution to priming premises.

17. Prohibition on additions to solution.

18. Book to be kept on priming premises.

19. Beer not to contain excess quantities of solution.

20. Officer permitted to take stock.

21. Quantity of solution held to agree with records.

Part IV

RECEIPT, USE AND REMOVAL OF SUGAR

22. Entry of sugar store and keeping of sugar stock-book.

23. Invoice to accompany sugar received.

24. Receipt, deposit and removal of sugar.

Part V

WAREHOUSING OF BEER

25. Definition of "beer".

26. Condition of beer to be warehoused.

27. Quantity to be warehoused at any one time.

28. Vessels in which beer may be warehoused.

29. Operations permitted in warehouse.

30. Beer operations record.

31. Destruction of beer unfit for exportation.

32. Restriction on delivery from warehouse.

33. Quantity permitted to be delivered at any one time.

34. Entry of warehouse on brewery premises.

35. Warehousekeeper's stock account.

36. Monthly returns.

37. Stocktaking.

Part VI

HOLDERS OF LIMITED LICENCES TO BREW BEER

38. Brewing record.

Part VII

GENERAL PROVISIONS WITH REGARD TO BOOKS, RECORDS AND OTHER DOCUMENTS

39. Alteration.

40. Inspection.

41. Retention.

42. Application.

Part VIII

SPOILT BEER

43. Claims for remission or repayment of duty.

44. Time for making claim.

45. Conditions to be observed.

Part IX

MISCELLANEOUS

46. Prohibited substances.

47. Revocations.

SCHEDULES

1. Form of brewing book.

2. Table for determining original gravity of worts of beer.

3. Form of book to be kept on priming premises.

4. Particulars to be entered in sugar stock-book.

5. Form of beer operations record.

6. Form of warehousekeeper's stock record.

7. Form of claim under Regulation 43(1)(a)(i).

8. Form of claim under Regulation 43(1)(a)(ii).

9. Form of claim under Regulation 43(1)(b).

10. Substances prohibited.

11. Revocations.

The Commissioners of Customs and Excise, in pursuance of the powers conferred on them by section 16(2) of the Finance (No. 2) Act 1975(a) and sections 127, 128, 131, 171, 250 and 263 of the Customs and Excise Act 1952(b) and of all other powers enabling them in that behalf, hereby make the following Regulations:—

PART I

PRELIMINARY

Citation and commencement

1. These Regulations may be cited as the Beer Regulations 1978 and shall come into operation on 1st September 1978.

Interpretation

2.—(1) In these Regulations—

"the Act of 1952" means the Customs and Excise Act 1952;

"brewer" has the same meaning as in section 307 of the Act of 1952 as amended by sections 6 and 73(8) of and Schedules 2 and 14 to the Finance Act 1963(c);

"dissolving" means a dissolving of materials for use in brewing, or for making solution;

"priming premises" means premises in respect of which a brewer for sale is required to hold a licence under section 126(1) of the Act of 1952;

"proper" and "officer" have the same meanings as in section 307 of the Act of 1952;

"purchaser" means a person to whom beer has been delivered;

"solution" means the product of a dissolving of material for priming or colouring beer;

"stock number" means the serial number allocated in accordance with the directions of the Commissioners to a consignment of beer warehoused;

"sugar store" means the room required to be entered in accordance with Regulation 22.

(2) The Interpretation Act 1889 (d) shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.

PART II

BREWING

Entry of brewery premises

3. No brewer shall begin to brew beer for sale or prepare solution until he has made entry of all premises, rooms, places and vessels intended to be used by him for such purposes.

Placing and fixing of vessels

4. All vessels to be used in connection with the brewing of beer for sale or in the preparation of solution shall, if the Commissioners so require, be so

(a) 1975 c. 45.

(b) 1952 c. 44.

(c) 1963 c. 25.

(d) 1889 c. 63.

placed and fixed as to enable the contents to be accurately ascertained by gauge or measure, and shall not be altered in shape, position or capacity without at least 48 hours previous notice in writing to the proper officer.

Brewing book

5. A brewer shall obtain from the proper officer a brewing book in the form shown in Schedule 1 or in a form to the like effect and shall—

(1) keep the book in his entered premises in a place agreed with the proper officer,

(2) enter in the book the day and hour at which he intends to commence brewing or dissolving and the separate quantities of materials which he intends to use,

(3) except as the Commissioners may otherwise allow, make such entry, as regards the day and time of brewing or dissolving, at least 24 hours before he shall begin to brew or dissolve,

(4) make such entry, as regards the quantities of materials, not later than the hour entered for brewing or dissolving,

(5) cancel the entry, by writing the word "void" against it, not later than the hour entered for brewing or dissolving if he does not intend to brew or dissolve on the day and at the hour entered,

(6) within 1 hour of the worts or solution being collected, enter the particulars of the quantity and original gravity of the worts or solution produced from each brewing or dissolving, and also the description and number of the vessel or vessels in which the worts or solution have been collected,

(7) at the time of making any entry insert the date when the entry is made, and

(8) enter, in addition to the entries required to be made under paragraph (2) of this Regulation, the quantity of hops used in dry hopping.

Notice of brewing or dissolving

6. A brewer shall, if the Commissioners so require, give 48 hours notice in writing to the proper officer of the date and time when his next brewing or dissolving is intended to take place.

Order of brewing or dissolving

7.—(1) Except as the Commissioners may otherwise allow, all worts shall be removed from the mash tun successively, and in the customary order of brewing, to the underback, coppers, coolers and collecting and fermenting vessels, and all solution shall, if not prepared solely in the collecting vessels, be removed from the dissolving vessels either directly or through coolers to the collecting vessels, and neither worts nor solution shall be removed from the vessels in which it has been collected until the account thereof has been taken by the officer, or until the expiration of 12 hours from the time at which the worts or solution are collected in such vessels.

(2) Except as the Commissioners may otherwise allow, after worts have commenced running into a collecting or fermenting vessel, the whole of the produce of the brewing shall be collected within 12 hours, provided that a brewer having weak worts of a gravity not exceeding 1025 degrees may, if he thinks fit, reserve them for mixing with the produce of his next brewing, but in such case he shall keep all such weak worts in the coppers, heating tanks, or other vessels entered for the purposes.

(3) Except as the Commissioners may otherwise allow, after a solution has commenced running into a collecting vessel the whole of the produce of the dissolving shall be collected within 6 hours.

Produce of different brewings and dissolvings to be kept separate

8.—(1) Except as the Commissioners may otherwise allow, a brewer shall keep—

(a) the total produce of a brewing separate from the produce of any other brewing and from any solution for a period of 12 hours, and

(b) a solution separate from any other solution or produce of a brewing for a period of 12 hours,

unless an account of such produce or solution has already been taken by the officer.

(2) Except as the Commissioners may otherwise allow, a brewer shall not mix the produce of one brewing with that of any other brewing, or a solution with any other solution or with the produce of a brewing, except in his store vats or casks, unless he has previously entered in the brewing book the number and name of each collecting and fermenting vessel containing worts or solution to be mixed, and the quantity in each, and unless after mixing he enters in the brewing book the number and name of each collecting and fermenting vessel containing the mixture, and the quantity and gravity of such mixture.

(3) Paragraphs 1 and 2 of this Regulation shall not apply to weak worts reserved in accordance with paragraph (2) of Regulation 7.

(4) A brewer shall not have on his entered premises any black beer not brewed by him on those premises, nor shall he mix any such beer with any other beer.

Application of the Act of 1952 to solution

9.—(1) Sections 125(5) (as to forfeiture for brewing without licence), 130(1) (as to concealment of worts and mixing of sugar), 171(3) (as to the mode of ascertaining original gravity), and 263(3) (as to remission of duty on goods lost or destroyed) of the Act of 1952 shall apply to solution with the modification that except where the context otherwise requires, references to worts and brewing shall be construed as references to solution and dissolving respectively.

(2) Except as the Commissioners may otherwise allow, a brewer shall not adulterate solution or add anything thereto.

(3) Where solution is added to worts or beer at a brewery other than that at which the solution was prepared, the brewer shall maintain...

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