homebrewing laws

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grinchy

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Hi all, new to the forum but been brewing wine and cider for about 5 years and so you'd think i'd know the answer to the following question but....

What is the law regarding the supply of homebrewed wine / cider / beer etc? Essentially i want to know if it is illegal to sell it. Here's the thing... a work colleague has asked me if i will brew for his sons 21st birthday party next year, its quite a large order and whilst i am happy to do it, I would also wish to be compensated for my time and effort, rather than just the outlay costs. Can i do it without getting lynched?

Thanks in advance for your thoughts!
 
Yes it's against the law to sell home brewed beer, however it is ok to give it away ;)
 
Ok thanks..... so selling is a no no, i hear ya.

What about trading? i'm guessing its ok to swap wine for lets say... brewing equipment, kits and sundries??
 
Could you not say he is paying for your time... And the beer is a gift?

Or you give him the beer free... And he decides he'd like to randomly give you money but it's completely unrelated to your beer giving
 
Nice idea....i see where you're coming from, but I dont think that would stand up in a court of a law!
 
Buy a book of cloakroom tickets. Sell your mate some tickets, then he exchanges them for your beer.
A good few years ago when I was a member of a charitable organization we used to use this method at certain functions held on unlicensed premises or grounds to sell booze, as far as I am aware it is a legal loophole.
 
This will not help answer your question but makes interesting reading all the same:

Brief history of beer duty - From the HMRC website.

Excise duty on beer is the oldest source of revenue still collected by the government. Attempts were made to tax beer by both James I (James VI of Scotland) and Charles I. It was in 1643 that a proper excise duty was first imposed on beer, initially as a measure to raise cash for the Parliamentary forces during the Civil War. When the war ended, the duty became a permanent source of revenue and the Excise Service was formed. Two classes of beer were recognised - strong and small - and duty charged at corresponding rates on the quantities brewed. There were many thousands of Private Brewers (home brewers) who presented considerable problems for the collection of the duty and in 1653, home brewing became exempt.

At different times duties were placed on malt and hops and so the tax paid by the Brewers For Sale included the beer duty and the duties on the malt and hops, whereas the Private Brewer paid only the malt and hops duties. The difference in duty between strong and small (weak) beer caused considerable adulteration and fraudulent mixing and consequently the revenue regulations were numerous and restrictive.

In 1830 the Beer Duty was withdrawn and only the duties on malt and hops remained. Revenue from hop duty fluctuated greatly because of the uncertainty of the crop and so in 1862 it was removed in exchange for an increase in the Brewer’s Licence duty. As the duty was now only on the malt, brewers were prohibited from using malt substitutes, until in 1847 they were allowed to use duty paid sugar.

The duties on malt and sugar were duties on raw materials. As a result, the accumulation of the profit on the duty outlay of the malster, brewer, and dealer; the inflated price of the best brewing barley; the use and loss of duty paid material during production and the restriction on the use of materials, made the price of beer expensively disproportionate to the amount of revenue collected. Mr Bass (an MP) stated that in order to collect £8m of revenue, £25m worth of beer had to be sold.

Consequently, by the Inland Revenue Act of 1880, the duties on malt and sugar were replaced by the Beer Duty. This was now based on the gravity of the worts prior to fermentation - that is, the Original Gravity (OG) of the worts. The introduction of the saccharometer and original gravity tables in 1874 had contributed towards the decision to change, as there was now an accurate way of establishing the strength of the beer. At the changeover the rate was set to equate to the duty previously charged on malt. This was achieved by deeming that a given quantity of malt would produce a standard volume of beer at an OG of 1055. There was much argument from the trade as to the accuracy of the basis of this conversion. Times do not change.

On 1 June 1993 the worts based system was replaced by the current arrangements under which the duty is charged according to the alcohol by volume (abv) of the finished product. Thus, for the first time in the UK, the beer duty charged is directly related to the alcoholic strength of the beer. The introduction of the current system brought the excise treatment of beer into line with the other alcoholic drinks regimes in the UK as well as implementing the EU Directive on the harmonisation of excise structures necessary for the completion of the Single Market.
 
If your mate buys the kits or ingredients and all you do is brew them for him, then I'd assume the wine or beer is already his property.

If he feels inclined to gift you a kit or two as well, that's entirely his affair.
 
Careful about asking legal advice on the Internet. I strongly suggest that you get in contact with someone at your local HMRC.

As far as I'm aware, we are only allowed to brew for PERSONAL CONSUMPTION. While I'm sure this covers parties, etc I don't believe that we're actually allowed to give beer away to people outside of the home, let alone charge for it.

And don't mess around with HMRC, it's not worth the aggro.

For what it's worth, I've heard only good stories about how helpful they are when it comes to brewing. Environmental Health, etc I'm not so sure about it. We've had a few interesting moments with them.
 
As James Says, it is for personal consumption only . . . . and that truly does mean Personal in other words you are not allowed to give it to people at parties . . . or use it as a prize in a raffle. . . . but HMCE are unlikely to be able to enforce this strict interpretation of the rules.

Hamstead homebrew have a scheme whereby you buy the grape juice, bottles corks caps etc, and they ferment and bottle the wine for you (top notch wine turns out at about 2.40-2.75 a bottle). Chris cleared the legality of this with their friendly HMCE officer before doing so and they are happy with what is being done. . . . In theory this means that as long as your mate buys the stuff, and you make it you are in the clear . . . but check with your local HMCE office . . . As James says they are really helpful, as long as you are up front . . . don't try it the other way round :nono:
 
I would be wary of the advice regarding him buying the ingredients and then you brewing it.

There is a section on the HMRC website under "Brew On Premisis" operations (which this is effectively) where the rules say that you can legally sell him the ingredients and it can be legally fermented on your premisis but you MUST NOT physically help him to brew the beer. You can give advice freely but must not actually take part in the brewing.
 
Thanks for all the replies, I appreciate the words of warning. . .

I am however a little confused now, as i have just been speaking to the owner of a new homebrew shop in our area. He is currently in the process of brewing 120 bottles of wine for a wedding, for which he is charging £2.50 per bottle!! I enquired about the legality of this and his reply was simply "i've done my homework"!!

Anyway, i reckon its best just to leave it alone, although i have suggested that he buy his own kit and i will oversee the process.
 
Grinchy, there are all manner of loopholes in the system, but as your homebrew bloke says, you have to do your homework, or leave well alone.

For example, for 3 years running, a few years ago now, my wife and I leased a row of vines at an Essex vineyard. For each 12 month period those were our vines and anything which they produced was our property. The vineyard tended them for us, although we may have done a bit of pruning when we went to collect. If I didn't fancy going down to collect a ton of grapes when they were harvested, the vineyard would make wine for us, on the strict understanding that it was our wine from our grapes for our own personal consumption.

I forget the numbers, I think it was around £300 a year for the lease plus a nominal 70p a bottle. That was a bit of a gamble, we never knew if it would be a ‘good year’ or if the crop would fail. All I know is that we averaged around 25 cases of quality English wine each year at a very reasonable price per bottle, Customs & Excise didn't like it one bit but it was all completely legal.
 
i'd make the booze, and as for the money, why does anyone need to know anyways???, People dont need to know everything your doing do they.....Cant understand, if hes giving you money for brewing, then i would snap his hand of for it, after all, look at all the drug dealing going of on the streets..if they law cant stop all that, then i dont think the customs are gonna come and see you jyst cos you brewed some beer for a friend.....trivial stuff mate!! :thumb:
 
I can vaguely remember reading about this in the quarterly newsletters called "Homebrew Today" which used to be available in home brew shops in the 1980's-1990's.

Iirc, it is ok to give your brews to someone else, but no money may change hands, nor must it be used for fund raising purposes, ie a raffle.

Personally, I can't see the harm in your friend buying the kits/bits & bobs required & passing them to you to make on a non profit basis, whether it is legal or not I wouldn't like to say.
 

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