• Welcome to National Homebrew Club Ireland. Please login or sign up.
July 27, 2025, 10:15:46 AM

News:

Renewing ? Its fast and easy - just pay here
Not a forum user? Now you can join the discussion on Discord


Giving away beer to be drank in a pub, legal?

Started by CiderMonster, August 15, 2014, 09:53:20 AM

Previous topic - Next topic

CiderMonster


I am getting married on Friday and I wanted to put a cask of cider into my local for the afters on Saturday. Initially he had no problem but now the publican is concerned that revenue might not be impressed. If I supply the Cider for free and the publican gives it away for free surely there should be no issues. It is the same thing as homebrew clubs meeting in a pub and giving beer to one another.
Does anybody have a definite answer on this issue or is it a grey area? 
Just to confirm it is my own home brew that I intend putting into the pub.

Partridge9

I maybe wrong here - but technically I dont think you can give away unlicensed beer / cider on a licensed premisies (regardless of cost).

Ironically - I believe you can give it away on an unlicensed premisies.  So you can give your beer/cider away at home but NOT in a pub.

I couldnt be arsed fishing through the statute pages for the exact reference but we have been here before.

That said - If I was in your shoes - I'd do it as well.
It would want to be a very bored revenue guy to be intereseted in that - especially the fact that you are giving it away for free.





Chris

As long as the Pub is not open to the public at the time there is no problem. I.e. If the premises is booked for a private party. Also as an aside if the pub is booked for a private party closing time does not apply as long as the beer/ cider is being given away and no profit is being made. If the pub is open to the public the provision of free alcohol can be seen as a promotion which is illegal.
Primary: Back to Black Again (Michael Jackson stout)
Secondary:
Conditioning:  Breac Donn Imperial Amber Ale
Drinking: Cascade Reaction Amber Ale, Fear Gorm Irish stout, lonesome pilgrim pale ale
Planned: imperial stout, finlandia kit hack

Rossa

Shane is right in that It is fine to give it to family and friends.

The only grey are is where it is served I think as punters may avail of it. In that case  The rev says

' The home brewed beer that will be brought on to the premises for sampling by the punters will not qualify for relief under Section 77 (f) FA 2003, as a consequence arrangements will have to be made to pay the Alcohol Products Tax (Excise Duty) on this beer.  In order to do this contact should be made with the local Revenue Office in whose area the pub hosting the event is located.  The Alcohol Products Tax (Excise Duty) could be paid by way of Excise Duty Entry or short CI.  This can be discussed with those in the Revenue Office'
having said that cider might be different again.

Mind you that was the response from revenue to holding a pay into homebrew festival that was proposed last year.
I wouldn't worry...as he runs for the hills

Partridge9

So I can hire a function room and serve out homebrew grand ?
Does the whole pub need to be closed ?

That legal mumbo jumbo means nothing to me ..

Rossa

Quote from: Partridge9 on August 15, 2014, 11:16:48 AM
So I can hire a function room and serve out homebrew grand ?
Does the whole pub need to be closed ?

That legal mumbo jumbo means nothing to me ..

We may need to follow up on this if we have some sort of club festival again.

Partridge9

It would be nice to have an official line from the revenue with regards to homebrew, but I'd imagine they will commit to nothing

Partridge9

The homebrew in a function room is news to me, great for private functions !

HomeBrewWest

First off, congrats! Have a great day!

I've no idea of the legalities of this but I do have some input. Our suppliers often travel top Galway (and all over the UK) promoting their homebrew beers and wines by giving out samples.

According to them, its fine as long as the sample glass is below a certain size (about a shot glass size). I can ask for more details, but this will be UK law . . . . same as here?
"I am a firm believer in the people. If given the truth, they can be depended upon to meet any national crisis. The great point is to bring them the real facts, and beer." Abraham Lincoln. www.homebrewwest.ie

CiderMonster

Thanks for all the responses. Nothing is simple in this wonderful little country of ours is it?
So the consensus is that to the letter of the law you are not allowed to give away free beer in a licenced premises unless the excise is paid? But plenty of home brew clubs do meet in pubs and give each other beer to taste with no real issue and that it would be unlikely for a revenue officer to make too much of a deal for one off event in a pub where home brew was being given away for free.
A mate of mine has a huge marqee that sometimes gets set up in the car park of this pub and I could get it free for the day.
So would I be correct in saying there should be absolutely no issue with giving away free cider in a marquee beside a pub (in their car park). If that person then chooses to bring his free beverage into the pub the publican has no issue either.
It seems like a lot of bother but I want to keep this 100% legit as I will be applying to the revenue in September for a manufacturing licence for cider and I don't want this to cause any issue, but this stuff was 100% home brewed

CiderMonster


Just some more info, the "samples" will likely be in pint glasses and beside my cask of cider there will be a cask of ale from the local craft brewery, but this will be excise paid as it was sourced from a commercial brewery.

Rossa

Quote from: CiderMonster on August 15, 2014, 11:44:30 AM

Just some more info, the "samples" will likely be in pint glasses and beside my cask of cider there will be a cask of ale from the local craft brewery, but this will be excise paid as it was sourced from a commercial brewery.

I suppose none of us work for revenue so can't say officially. You might be best contacting them to be 100% sure if the publican wants assurance.

Partridge9

Quote from: Dube on August 15, 2014, 12:03:32 PM
Quote from: Partridge9 on August 15, 2014, 11:23:05 AM
It would be nice to have an official line from the revenue with regards to homebrew, but I'd imagine they will commit to nothing

There is an official line, it's in the Statute Book.

Salient points:
1. Brewed at home
2. Free
3. To your guests

It doesn't matter where as it's not for sale. This is why homebrew meets can happen in pubs.

Many many people give away homebrew at weddings in hotels etc.

I knew it happened - but I didnt realise it was 100% legit.  Nice to know it is !

Rossa

Quote from: Partridge9 on August 15, 2014, 12:19:03 PM
Quote from: Dube on August 15, 2014, 12:03:32 PM
Quote from: Partridge9 on August 15, 2014, 11:23:05 AM
It would be nice to have an official line from the revenue with regards to homebrew, but I'd imagine they will commit to nothing

There is an official line, it's in the Statute Book.

Salient points:
1. Brewed at home
2. Free
3. To your guests

It doesn't matter where as it's not for sale. This is why homebrew meets can happen in pubs.

Many many people give away homebrew at weddings in hotels etc.

I knew it happened - but I didnt realise it was 100% legit.  Nice to know it is !

77f is just for us!

CiderMonster

Doing a little research I found this
Subsection 77 (f) of the 2003 Act provides for relief from Alcohol Products Tax in certain circumstances in respect of wine, Beer, or other fermented beverages, the alcohol content of which is entirely of fermented origin. The relief is confined to such alcohol products produced solely by a private individual in a private premises for consumption by the producer or by the family or guests of such producer, and not produced or supplied for a consideration. Relief does not apply if brewing takes place on a commercial premises.

Reading that it would seem ok as it does not mention anything about the guests being in licenced premises I have asked the revenue to confirm so I might have a definitive answer for you soon.