Part III Beer
F20Producing of beer
47F1 Registration of producers of beer.
1
A person who produces beer on any premises in the United Kingdom must be registered with the Commissioners under this section in respect of those premises; and in this Act “registered brewer” means a person registered under this section in respect of any premises.
2
A person who produces beer on any premises shall not be required to be registered under this section in respect of those premises if the beer is produced solely for his own domestic use or solely for the purposes of research or experiments in the production of beer.
3
An application for the registration under this section of any person required to be so registered in respect of any premises—
a
shall be made at least fourteen days before the day on which he begins production of beer on those premises; and
b
shall be in such form and manner as the Commissioners may by or under regulations prescribe.
4
If any person fails to apply for registration under this section in circumstances where he is required by subsection (3)(a) above to do so, F2his failure shall attract a penalty under section 9 of the Finance Act 1994 (civil penalties); and any beer or worts produced in contravention of that provision shall be liable to forfeiture.
5
If any person produces beer on any premises in circumstances in which he is required to be, but is not, registered under this section in respect of those premises, F3his doing so shall attract a penalty under section 9 of the Finance Act 1994 (civil penalties) which shall be calculated by reference to the amount of duty charged on the beer produced, and the beer produced and any worts found on those premises shall be liable to forfeiture.
48F21Licence to use premises for adding solutions to beer.
1
A brewer for sale shall not use for the purpose of adding priming or colouring solutions to beer any premises other than premises entered by him for the brewing of beer or an excise warehouse unless he holds an excise licence for that purpose under this section.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
4
If any brewer for sale uses any premises for the purpose mentioned in subsection (1) above contrary to this section or otherwise than in accordance with any licence granted to him in respect thereof under this section, he shall be liable on summary conviction to a penalty of F24level 3 on the standard scale .
F449 Beer regulations.
1
The Commissioners may, with a view to managing, securing and collecting the duty on beer produced in, or imported into, the United Kingdom or to the protection of the revenues derived from the duty of excise on beer, make regulations—
a
regulating the production, packaging, keeping and storage of beer produced in the United Kingdom and the packaging, keeping and storage of beer imported into the United Kingdom;
b
regulating the registration of persons and premises under section 41A or 47 above and the revocation or variation of any such registrations;
c
for determining under or in accordance with the regulations when the production of beer begins and when it is completed;
d
for securing and collecting the duty;
F5e
for determining the duty and the rate thereof and, in that connection, prescribing the method of charging the duty;
f
for charging the duty, in such circumstances as may be prescribed in the regulations, by reference to a strength which the beer might reasonably be expected to have, or the rate of duty in force, at a time other than that at which the beer becomes chargeable;
g
for relieving beer from the duty in such circumstances and to such extent as may be prescribed in the regulations;
h
regulating and, in such circumstances as may be prescribed in the regulations, prohibiting the addition of substances to, the mixing of, or the carrying out of other operations on or in relation to, beer;
j
regulating the transportation of beer in such circumstances as may be prescribed in the regulations.
F6k
requiring the production of certificates as to matters relating to beer imported into the United Kingdom and the beer’s production and producer, whether as alternative conditions for charging the duty on the beer at a rate lower than that specified by section 36(1AA)(a) above or as evidence that conditions for charging the duty at such a rate are satisfied.
2
Regulations under this section may make different provision for persons, premises or beer of different classes or descriptions, for different circumstances and for different cases.
C2F7C13
Where any person contravenes or fails to comply with any regulation made under this section, his contravention or failure to comply shall attract a penalty under section 9 of the Finance Act 1994 (civil penalties), and any article or substance in respect of which any person contravenes or fails to comply with any such regulation shall be liable to forfeiture.
49AF8 Drawback allowable to F9registered brewer.
1
For the purpose of any claim for drawback by a F10registered brewer or person registered under section 41A above in respect of duty charged on beer, duty which has been determined in accordance with regulations under F11section 49(1)(e) above shall be deemed to be duty which has been paid (whether or not it is in fact paid by the time the claim is made).
2
Subject to such conditions as the Commissioners see fit to impose, drawback allowable to a F12registered brewer or person registered under section 41A above in respect of beer may be set against any amount to which F13he is chargeable F14in respect of the excise duty on beerand, in relation to a F12registered brewer or person registered under section 41A above, any reference in this Act or the Management Act to drawback payable shall be construed accordingly.
F1550. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1651. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17F1852 Offences in connection with fraudulent evasion of duty.
If any person is knowingly concerned in the taking of any steps with a view to the fraudulent evasion, whether by himself or another, of the duty on any beer, he shall be liable—
a
on summary conviction, to a penalty of the statutory maximum or of three times the amount of the duty, whichever is the greater, or to imprisonment for a term not exceeding six months or to both, or
b
on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding 7 years, or to both,
and, in either case, any beer in respect of which the offence was committed shall be liable to forfeiture.
Word in cross heading for ss. 47-53 substituted (1.6.1993) by Finance Act 1991 (c. 31, SIF 40:1), s. 7(4)(5), Sch. 2 para. 1(b); S.I. 1993/1152, art. 3(2), Sch. 1 Pt. II.