| My View: Weights and measures legislation is not draconian |
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| Friday, 20 July 2007 01:00 |
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The ruling on Selfridges? Enomatic machine might seem draconian to some, but as a body that advises on such weights and measures legislation, we see the sound reasoning behind this.
 As the law stands, wine sold by the glass must be served in specified quantities: 125ml, 175ml or multiples thereof. The reason why we advised that the Enomatic should not be used at Selfridges to measure wine - particularly smaller, 'sample size' measures - comes down to consumer protection. With the Enomatic, the customer has no way of checking that what he or she is buying is dispensed in the quantity they have paid for. Consumers have very different perceptions of what makes a regular serving of wine. Retailers could take advantage of this lack of awareness by using such unapproved equipment. Weights and measures law has its origins in the Magna Carta, which stated, "There shall be a standard measure of wine ... throughout the Kingdom." This developed, over the centuries, into the Weights and Measures Act of 1988. While I agree that the Enomatic machine is an innovative product, and one that is perhaps restricted by the law as it stands, it is hard to see how you could change the law while maintaining the current high levels of consumer protection. Robert Kidd is policy officer at LACORS, the Local Authorities Coordinators of Regulatory Services. |
Comments
Dear Sir,
Re: Selfridge's 'Wonder Bar'
Recent guidance from LACORS has clarified the law as it relates to measures and dispensing of wine by the glass. It may however leave a number of questions unanswered for licensed trade operators.
It's fairly straightforward to grasp the idea, like it or not, that wine must be dispensed in measures of 125ml. or 175ml (or multiples thereof). Any other glass measure offered for sale is illegal, including 'samples' or 'tastes'. What's not illegal however is to 'give' a customer a taste of a wine free of charge, provided the taste is not measured; and it's also worth noting that the law relating to dispense sizes does not apply to Champagne, sparkling wine, sherry, port or Vermouth.
It is a matter of some debate as to whether or not the law should be changed to allow 'sample sized' measures such as those offered by Selfridges. Our customers have challenged the existing legislation on numerous occasions without success. Some wished to offer smaller 'pours', of for example, dessert wines and others to assemble a number of smaller servings into one sale as a 'flight of wines'. As worldwide market leaders in the supply of commercial grade wine preservation equipment, we currently supply wine by the glass systems to more than 70 countries, all but a handful of which allow tastes, samples and 'flights'. We may yet join them. What we are unlikely to see however is the legal use of dispensing equipment that has not been government approved for the purpose.
Again there may be some concerns about wine storage and dispense cabinets that your readers would like clarified. When equipment is used to measure (by weight or volume) a 'portion' to be sold to a customer, then such equipment must have a 'Type Approval Certificate'. This legislation means that we, as consumers, can 'trust' the petrol pump or the shop scale to deliver the exact measure we're paying for. A product such as the one used at Selfridges would need a Type Approval Certificate even if it were being used to dispense 'legal' measures – and it doesn't have one (nor according to LACORS, would it be likely to get one). This doesn't mean however that all wine by the glass cabinets are illegal. Those such as the Bermar 'barclay bars' and 'barista bars', that rely on the operator to 'free pour' (into an approved lined glass or open 'thimble' ) are perfectly legal. The unit at Selfridges was only able to dispense 'pre-set' measures – hence it fell foul of the law.
If your readers have concerns regarding the legality of any aspect of their existing wine by the glass service, they should consult their local trading standards office. For those keen to embark on a professional wine by the glass service, wine suppliers (most of whom have a good understanding of the law in this area) should be quite willing to offer guidance. If however, there is doubt regarding investment in equipment, your readers should explain the proposed application to the equipment supplier. A supplier who then goes on to recommend equipment that subsequently proves illegal would have to accept that the goods supplied were not 'fit for the purpose', and would almost certainly have an obligation to compensate the customer accordingly.
Yours
Dick Berresford
Managing Director
Bermar (International) Ltd.
Citing Magna Carta is fun but, as you point out, Weights and Measures law has developed since then - otherwise we should surely still be drinking mead? Legislation must keep up with innovation. Isn't it possible to devise a new category in law - namely "a sample" - and have glasses marked with the amount the machine dispenses? This size could also be used by wine outlets which offer samples to customers before buying.