Would I need a license?

[bandbshrewsbury]

Hi

Would I need a license to provde champagne and chocolates for guests in their room?

Thanks
Lu

[_Sharpe]

Yes, you would need a license to supply intoxicating beverages.

[greenbarncottages]

Is that really the case, or is a license only required if you SELL intoxicating drink? So if you decide to give a free bottle of champagne to guests, what is the situation?

How does this apply to our self-catering properties, where if we know it's a special occasion, we'll normally leave a bottle of champagne for our guests?

[mrdavidweston]

I am afraid the law is clear - you cannot give alcohol "free" to guests without a licence, as a "consideration" is taken to have been paid by the guest for your service (or bars could charge for peanuts and give "free" beer, for example).

[_Sharpe]

Lubee asked if he/she could provide chocolates and champagne in a room for guests. I was assuming that she/he wasn't going to do this for nothing. The Licensing Act specifies the sale of liquor so not sure whether it would apply to businesses that just give it away.

[greenbarncottages]

Can somebody in VB, or somebody with the appropriate legal knowledge, give a definitive answer to this one? I understand the point about a "consideration" being presumed to be paid by the guest, but sticking with my own example of self catering, we would be making a gesture for a special occasion. We would not advertise this in advance, the guests would not be aware in advance, and therefore it can in no way influence their decision as to whether or not to book, and there is no financial alternative. It is, quite simply, an unexpected gift, and as such I can't see how there could be any "consideration" involved.
If, on the other hand, we were to make a habit of including a bottle of wine, or even a can of beer, on our welcome tray - and let it be known in advance - then I could see where a "consideration" might be deemed to apply - maybe. Some clarity on this issue would be much appreciated!

[_grockles]

I would also welcome an answer on this as I also have given a bottle of wine with an apology if they have experienced a problem, and for birthdays or anniversaries. No rush on the reply VB.

[admin]

The rules on this are now covered in the Liquor Licensing (http://www.accommodationknowhow.co.uk/legislation-guidance/food-and-drink/liquor-licensing) section

[greenbarncottages]

The rules on this are now covered in the Liquor Licensing (http://www.accommodationknowhow.co.uk/legislation-guidance/food-and-drink/liquor-licensing) section


Is this the statement referred to:
Providing "free" alcohol to guests
You need a licence to sell alcohol – selling includes providing “free” alcohol because it is an incentive to purchase and/or is included in your pricing structure. The fact that you charge the guest for staying in your accommodation means that they are essentially paying for the alcohol that is provided. In other words, the guest has effectively paid a "consideration" for that service, it is not free.

If so it doesn't serve clearly to address a question I raised earlier in the thread :
I understand the point about a "consideration" being presumed to be paid by the guest, but sticking with my own example of self catering, we would be making a gesture for a special occasion. We would not advertise this in advance, the guests would not be aware in advance, and therefore it can in no way influence their decision as to whether or not to book, and there is no financial alternative. It is, quite simply, an unexpected gift, and as such I can't see how there could be any "consideration" involved.

So given that such a gift is not an incentive to purchase, and is not included in any pricing structure, is it still construed as a "consideration" within the licensing, or whatever applicable laws? The key word here is "Gift", rather than "Free".

[joyce_taylor]

It dosen`t matter if you sell it or not, you are supplying alcohol without a personal licence or a premesis licence.You are not allowed to supply alcohol to anyone without going to college completeing the course passing the exam and then getting a premesis licence for your holiday let.Give your `special guests` flowers and chocolates instead it is much less complicated.

[dogsbody]

Hi Can someone clarify please !!! my guesthouse offers (if requested) to place on behalf of the guest a bottle of champagne or wine in their room on arrival usually a special occasion (this is not being sold to them or given to them it is mearly "shopping on their behalf" they are the ones paying for it and we do not profit from it)surely this cannot warrent needing a licence????? it is no different to picking up an item for a nieghbour whilst out shopping!!!!!!

[Wharton Lock]

How long has VB known this was coming into effect? Or was there no advance notice of how this will effect Self Catering businesses giving guests a bottle of wine?

[joyce_taylor]

It has not just come into effect it is written into the Licencing act 2003 but as this practice is becoming widespread the licencing dept at your local town hall is starting to clamp down on it.It is very different to picking up an item for a nieghbour if your guests are travelling to you they are surely passing a shop at some point?

[dogsbody]

Hi Joyce you are missing my point the request to "shop on behalf of a guest" for champagne/wine is always when they wish to "surprise" a partner who will usually be with them when travelling so stopping off at a shop on route would spoil the surprise!! you will next be telling us that to share a glass of wine from my own cellar with a guest will be requiring a licence!! Come on get real !!!

[admin]

It has always been the case that a licence is required to sell alcohol. However, various members of the discussion group have asked for clarification of what constitutes “selling” and the information on accommodation knowhow has been updated to provide that clarification.

It is worth noting that VisitBritain made representations to an independent enquiry on licensing in 2007 that new legislation should be introduced to exempt the sale of small amounts of alcohol such as providing “free” bottles of wine in welcome packs. The inquiry accepted this representation and recommended it to the Government. However, the Government, while accepting the recommendation, has not yet introduced the necessary legislation. Therefore, technically, a licence is still required.

However, it is probably fair to say that licensing authorities tend to turn a bit of a blind eye to things like the provision of a bottle of wine in a welcome pack. But it would be remiss of VisitBritain not to tell subscribers that they are legally required to have a licence to sell alcohol.

[bandbshrewsbury]

Thank you everyone for all your input. Chocs and flowers it is.

[Janice Thompson]

When I was last inspected I was told that I could give wine, but could not to claim it as an expense.