The Capacity Serving Measures (Intoxicating Liquor) Regulations 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe, for the purposes of section 11(1) of the Weights and Measures Act 1985, certain liquid capacity measures for use for trade for the purposes of measuring and serving intoxicating liquor for consumption on or off the premises at which it is sold. The capacity serving measures covered are

(a)those between 4 and 8 fluid ounces and between 100 and 250 millilitres formerly prescribed by the Capacity Measures (Intoxicating Liquor) Regulations 1983; and

(b)those between half a pint and four pints and between 500 millilitres and two litres formerly prescribed by the Weights and Measures Regulations 1963.

The effect of prescription is to make it unlawful to use these measures for trade purposes unless they have been tested, passed as fit for such use and stamped by an inspector of weights and measures. Other measures which comply with the Weights and Measures Regulations 1963, eg those made of pewter, may be used for intoxicating liquor, but in accordance with the Weights and Measures Act 1963 (Intoxicating Liquor) Order 1984 beer and cider shall be sold by retail only in a quantity of ⅓ pint, ½ pint or a multiple of ½ pint.

The Regulations make provision for —

(a)the materials and principles of construction and marking of capacity serving measures (regulations 4 to 10);

(b)their testing, including testing based on the results of testing a sample from a group of measures (regulations 11 to 18); and

(c)the prescribed limits of error, passing as fit for use for trade, stamping and obliteration of stamps (regulations 19 to 22).

The Regulations make the following changes of substance —

(a)for measures formerly prescribed by the Capacity Measures (Intoxicating Liquor) Regulations 1983

(i)the marking of measures with a manufacturer’s mark is no longer permitted;

(ii)the maximum size of a group of measures from which a sample is drawn for testing purposes is increased from 10,000 to 150,000;

(b)for measures formerly prescribed by the Weights and Measures Regulations 1963 —

(i)placing and length of the line on line measures are amended;

(ii)the prescribed limits of error on line measures are revised and are now in excess or in deficiency (formerly in excess only); and

(iii)testing based on the results of testing a sample from a group of measures is introduced.

Copies of the British Standard Specifications referred to in regulation 17 may be obtained from any of the sales outlets operated by the British Standards Institution (BSI) or by post from the BSI at Linford Wood, Milton Keynes, MK14 6LE.