Beer Regulations 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/1627 |
1985 No. 1627
CUSTOMS AND EXCISE
The Beer Regulations 198529thOctober 1985
7thNovember 1985
1stDecember 1985
ARRANGEMENT OF REGULATIONS
PART I
PRELIMINARY
Regulation
1. Citation and commencement.
2. Interpretation.
PART II
BREWING AND DISSOLVING
3. Entry of brewery premises and marking of vessels.
4. Placing and fixing of vessels.
5. Gauging of vessels.
6. Notification of materials.
7. Brewing record.
8. Notice of brewing or dissolving.
9. Order of brewing or dissolving.
10. Mixings.
11. Priming or colouring solution.
12. Dilution of worts, beer and priming or colouring solution.
13. Yeast pressings.
14. Determination of original gravity of worts and beer.
15. Determination, return and payment of duty.
PART III
PRIMING PREMISES
16. Entry of priming premises.
17. Storage and use of priming or colouring solution.
18. Fixed and movable vessels.
19. Origin of priming or colouring solution.
20. Removal of priming or colouring solution to priming premises.
21. Prohibition on additions to priming or colouring solution.
22. Record to be kept on priming premises.
23. Beer not to contain excess quantities of priming or colouring solution.
24. Officer permitted to take stock.
25. Quantity of priming or colouring solution held to agree with record.
PART IV
RECEIPT, USE AND REMOVAL OF SUGAR
26. Entry of sugar store, keeping of sugar stock record and documents to be retained.
27. Receipt, deposit and removal of sugar.
PART V
WAREHOUSING OF BEER
28. Application.
29. Entry of warehouse on brewery premises.
30. Condition of beer to be warehoused.
31. Containers in which beer may be warehoused.
32. Restriction on removal from warehouse.
PART VI
GENERAL PROVISIONS WITH REGARD TO BOOKS, RECORDS AND OTHER DOCUMENTS
33. Inspection and retention of records.
34. Alteration.
35. Records, etc, to which regulations 33 and 34 apply.
PART VII
SPOILT BEER
36. Claims for remission or repayment of duty.
37. Time for making claim.
38. Conditions to be observed.
PART VIII
ADDITIONS TO BEER ON APPROVED PREMISES
39. Interpretation.
40. Application.
41. Restriction on adding substances.
42. Addition of substances.
43. Transport.
44. Records.
PART IX
MISCELLANEOUS
45. Black beer.
46. Regulations revoked.
SCHEDULES
1. Table for determining the original gravity of worts and beer.
2. Particulars to be entered in sugar stock record.
3. Particulars required under regulation 36(1)(a)(i).
4. Particulars required under regulation 36(1)(a)(ii).
5. Particulars required under regulation 36(1)(b).
6. Additional particulars required under regulation 36(1)(c).
7. Regulations revoked.
The Commissioners of Customs and Excise, in pursuance of the powers conferred on them by section 93 of the Customs and Excise Management Act 1979(a) and sections 2, 3, 43, 46, 49, 50, 53 and 71A of the Alcoholic Liquor Duties Act 1979(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 1985 and shall come into operation on 1st December 1985.
Interpretation
2. In these Regulations unless the context otherwise requires—
"the Act of 1979" means the Alcoholic Liquor Duties Act 1979;
"accounting period" means one month or such other period as the Commissioners may in any particular case determine;
(a) 1979 c.2; section 93 was amended by the Finance Act 1981 (c.35), section 11(1) and Schedule 8, paragraph 2.
(b) 1979 c.4; section 2 was substituted by the Alcoholic Liquors (Amendment of Enactments Relating to Strength and to Units of Measurement) Order 1979 (S.I. 1979/241), article 6, and was amended by the Finance Act 1981, section 11(1) and Schedule 8, paragraph 10; section 3 was amended by the Alcoholic Liquors (Amendment of Enactments Relating to Strength and to Units of Measurement) Order 1979, article 7; section 43 was amended by the Isle of Man Act 1979 (c.58), section 13 and Schedule 1, paragraph 30; section 49 was amended by the Finance Act 1985 (c.54), section 6 and Schedule 3, paragraph 3; and section 71A was inserted by the Finance Act 1985, section 6 and Schedule 3, paragraph 4.
"analysis gravity" means gravity ascertained in accordance with regulation 14(1) and (2) below;
"approved" means approved by the Commissioners;
"brewer" means a person holding a licence under section 47(2)(a) of the Act of 1979; in regulations 6, 7, 8, 15, 33, 34 and 35 "brewer" also includes a person holding a licence under section 47(2)(b) of that Act;
"brewing record" means the record maintained pursuant to regulation 7(1) or, as the case may be, regulation 7(5) below;
"calculated original gravity" means original gravity calculated in accordance with regulation 14(3) below;
"diluted" in Schedules 3, 4 and 5 means diluted in accordance with regulations 12 and 42 below;
"dilution" means the addition of water;
"dissolving" means a dissolving of materials for use in brewing, or for making priming or colouring solution;
"gauging" means the ascertainment of the liquid capacity of a vessel and the provision of means whereby the volume of the liquid content of the vessel (whether wholly or partly filled) may be readily ascertained, and "gauged", "gauger", "regauging" and "regauged" shall be construed accordingly;
"occupier" has the same meaning as in regulation 2 of the Excise Warehousing (Etc.) Regulations 1982(a);
"priming record" means the record kept pursuant to regulation 22(1) below;
"priming premises" means premises entered pursuant to regulation 16 below;
"purchaser" means a person to whom beer has been delivered;
"priming or colouring solution" means the product of a dissolving of material for priming or colouring beer;
"return of duty" means the return prepared pursuant to regulation 15(1) below;
"sugar stock record" means the record kept pursuant to regulation 26(1)(b) below;
"sugar store" means the premises described in regulation 26(1)(a) below.
PART II
BREWING AND DISSOLVING
Entry of brewery premises and marking of vessels
3.— (1) The brewer shall ensure that brewing or the preparation of priming or colouring solution shall not commence before he has made entry of all premises, rooms, places and vessels to be used in connection with such purpose.
(a) S.I. 1982/612.
(2) Except as the Commissioners otherwise allow, the brewer shall ensure that each such vessel is marked with uniquely identifying particulars and that the said mark is shown upon the said entry.
(3) The brewer shall ensure that the said entry is maintained up to date at all times.
Placing and fixing of vessels
4. Except as the Commissioners otherwise allow, the brewer shall ensure that all vessels on premises to be used in connection with brewing or in the preparation of priming or colouring solution or the taking account of spoilt beer are so placed and fixed as to enable the contents to be accurately ascertained, and are not altered in shape or position without at least 48 hours previous notice in writing to the proper officer.
Gauging of vessels
5.— (1) Except as the Commissioners otherwise allow, the brewer shall ensure that no vessel is used unless and until it has been gauged or regauged to the satisfaction of the Commissioners.
(2)(a) Where any vessel is to be brought into use or where the brewer intends to change the capacity of any vessel in any way, the brewer shall ensure that not less than 48 hours notice of that fact is given to the proper officer.
(b) Where the capacity of any vessel changes, the brewer shall ensure that notice of that fact is given to the proper officer not more than 48 hours after such change comes to his attention.
(c) Where any vessel is to be brought into use or where the capacity of any vessel changes or is changed in any way, the brewer shall ensure that, except as the Commissioners otherwise allow, such vessel is gauged or, as the case may be, regauged to the satisfaction of the Commissioners before it is brought into use or used again after that change occurs or after that change comes to his attention.
(3) If at any time the Commissioners become dissatisfied with the gauging or regauging or the recorded capacity of any vessel, they may give notice in writing of the fact to the brewer who shall ensure that that vessel is not used or used again unless and until it has been regauged to the satisfaction of the Commissioners.
(4) Where any vessel is gauged or regauged under paragraphs (1) to (3) above, the brewer shall ensure that, except as the Commissioners otherwise allow, the vessel is marked or remarked to their satisfaction with a fixed mark in such a way as to allow the liquid content to be measured by dry dip.
(5) Where the fixed mark required under paragraph (4) above is changed in any way (other than by a change relating to the capacity of the vessel), the brewer shall ensure that—
(a) notice of that change is given to the proper officer not more than 48 hours after such change comes to his attention; and
(b) where the Commissioners require the vessel to be remarked, the vessel is not used or used again unless and until it has been remarked to their satisfaction.
(6) Where any vessel has been gauged or regauged in accordance with paragraphs (1) to (3) above, the brewer shall ensure that the proper officer is provided with full written details of the vessel and of the gauging or regauging and in particular with—
(a) all measurements and specifications of the vessel;
(b) except as the Commissioners otherwise allow, a table showing the volume in litres rounded down to the nearest whole litre of the contents of the vessel at each 2 millimetres of depth of the liquid content when measured vertically downwards from the mark provided in accordance with paragraph (4) above; and
(c) details of the method of gauging used by the gauger together with his record of all aspects of the gauging,
so as to permit the ascertainment to their satisfaction of the volume of the liquid content.
(7) Where any vessel is taken permanently...
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