Does a restaurant have to offer a 125 ml glass of wine? In England and Wales, a premises licence carries a mandatory condition that still wine in a glass is available in 125 ml, gin, rum, vodka or whisky in 25 ml or 35 ml, and beer or cider in half pints, displayed in a menu, price list or other printed material on the premises; where a guest does not say how much, they must be made aware the small measures are available. Wine by the glass is sold only in 125 ml and 175 ml, or multiples, so a 150 ml glass is not one of them. Spirits need one written statement of the measure. FSA allergen guidance names drinks made to order, and milk and eggs are on the list of 14. Free tap water is provided on request where it is reasonably available. A summary of public law and official guidance, not legal advice.
What the film covers
- The card that was printed in March
- Restaurant drinks menu law: small measures in England and Wales
- Free tap water, age checks and "bottomless" wording
- The 125 ml wine glass law and other measures: the 1988 Order
- Wine by the glass: 125 ml and 175 ml, and nothing in between
- Spirit measures in UK law: 25 ml or 35 ml, one measure per bar
- Beer and cider, and the offence
- Bar menu prices: VAT, thirty items and five wines
Questions the film answers
- Do I have to offer a 125 ml glass of wine, and where does it have to be written down?
In England and Wales, a premises licence carries a condition that still wine in a glass is available in 125 ml, and that the measure is displayed in a menu, price list or other printed material on the premises. Where a guest does not name a quantity, the guest must be made aware of the measures. Scotland and Northern Ireland run their own licensing regimes.
- Can I sell a 150 ml glass, or only 125 ml and 175 ml?
The Weights and Measures (Intoxicating Liquor) Order 1988 allows wine by the glass for consumption on the premises only in, or in multiples of, 125 ml and 175 ml. A 150 ml glass is not one of them. A quantity below 75 ml, such as a taster, sits outside that rule on the Journal's reading of article 5A(3)(b).
- Do I have to show gin as 25 ml or 35 ml, and can I mix the two?
Gin, rum, vodka and whisky are sold for consumption on the premises in, or in multiples of, 25 ml or 35 ml, and the quantity is the same for the relevant parts of the premises. A written statement of the measure must be displayed readily available. The Journal's reading is to choose one measure, state it, and price the multiple honestly.
- Do my prices on the drinks list have to include VAT, and how many wines must be priced?
Yes. The Price Marking (Food and Drink Services) Order 2003 says an indication of the price of food or drink that is subject to VAT is inclusive of the tax. For wine to be drunk with other food in an eating area, prices must be shown for five wines, or all of them if the list has fewer than five. Prices must be visible at or near the entrance to the eating area.
- Do I have to list allergens for cocktails and wine, and what about sulphites?
FSA guidance names drinks made to order as non-prepacked food, so a cocktail with milk, cream or egg white needs its allergens available. Sulphites above 10 mg per litre are one of the 14. Whether wine poured from a bottle counts as food for this duty is not stated on the page read; ask the supplier for the label and keep it.
- How do I price a glass from a bottle cost, and how many glasses does a 75 cl bottle really give?
Divide 750 ml by the glass size. At 175 ml a bottle gives 4 glasses and leaves 50 ml, not five. At 125 ml it gives 6. Divide the trade cost by the glasses, divide by 0.30 for 70% GP, then multiply by 1.20 for VAT: £9.00 gives £36.00 a bottle, £9.00 a 175 ml glass and £6.00 a 125 ml glass in the worked example.