Club for giving away home-brew, and payment in alternative ways?

epicmoe

In much the same way as tradesmen's clubs use the membership charges and club status as a way to negate many licensing laws, would it be possible to Form a club, with paid membership, that the members then receive free home-brew? Does anybody know the law as regards this?

BeerNut

You can't get anything back in exchange for beer unless excise duty is paid on it. Clubs still have to be licensed.

oblivious

epicmoe wrote: »

In much the same way as tradesmen's clubs use the membership charges and club status as a way to negate many licensing laws

Does that actually work in Ireland, revenue look to be clear on who need to have a liquor Licence.

"Do all trades need a Licence?

"Any person/entity who wishes to sell alcohol by retail or wholesale requires a liquor Licence."

Here is a list of licence available
http://www.revenue.ie/en/tax/excise/excise-licensing/index.html

rubadub

There was some homebrew class advertised here which gave people a "free" bottle of homebrew beer. Also some barbers give a "free" bottle of beer while waiting.

I wondered if there was some loophole like this to say its free and you are paying for something else. In after hours someone was talking about selling homebrew and when someone said its illegal a guy said "well he is only selling the glass bottle, the beer is free"

Is this a way around it?

I remember when sunday trading was illegal some hardware shops were said to have bags of apples, and you would pay £40 for an apple, and get an drill thrown in "for free", dunno if that was true.

In the UK years back there was some small brewery where you would go along and simply pitch yeast in wort that they prepared and come back a month or so later and collect the beer that you technically brewed, them doing all the hard work for you, and bypassing the excise man. Might still be something like that going.

BeerNut

rubadub wrote: »

Is this a way around it?

No. The exciseman isn't stupid.

rubadub wrote: »

In the UK years back there was some small brewery where you would go along and simply pitch yeast in wort that they prepared and come back a month or so later and collect the beer that you technically brewed, them doing all the hard work for you, and bypassing the excise man. Might still be something like that going.

Like this. Though I've seen the legality questioned.

Carawaystick

The revenue don't explicitly say it but I'd imagine its the supply of alcohol that's the issue.
The excise license application form, first line states

The excise license application form wrote:

IT IS AN OFFENCE TO TRADE WITHOUT AN EXCISE LICENCE.

Trading beer or other drinks for payment is definitely not allowed.
Its unclear from the revenue faq or website if giving stuff away is illegal alright.


the intoxicating liquor act 2008 S. 16

Intoxicating Liquor Act 2008

16.— (1) Subject to subsection (2), the Minister may make regulations—

(a)prohibiting or restricting a person from advertising or promoting the sale or supply of intoxicating liquor at a reduced price or free of charge on the purchase of any quantity of intoxicating liquor or of any other product or service,

...

BeerNut

Carawaystick wrote: »

the Minister may make regulations—

(a)prohibiting or restricting a person from advertising or promoting the sale or supply of intoxicating liquor at a reduced price or free of charge on the purchase of any quantity of intoxicating liquor or of any other product or service,

The Minister may, but no minister has done so, as yet.

Carawaystick

BeerNut wrote: »

The Minister may, but no minister has done so, as yet.

Thought that, but life's too short to search through every si looking for terse commencement notices.

BeerNut

That's why the Legislation Directory exists. They'd be listed here.

n97 mini

There are a couple of different questions in there.

Home brew is exempt from excise duty basically as long as it's given away freely to friends or guests of the person who brewed it, and it wasn't brewed in a commercial premises.

Clubs do not require licences in the traditional sense because the booze has been bought with club funds, and is therefore an asset of the club and therefore its members. It's simply considered redistributing assets among members. That is why you are supposed to be accompanied by a member when visiting a club bar, as the member is giving you his booze, not the club, which would need a regular licence to sell to non members.

All this stuff is online and easily enough found. Where would we be without google!

Lovely Bloke

n97 mini wrote: »

Home brew is exempt from excise duty basically as long as it's given away freely to friends or guests of the person who brewed it, and it wasn't brewed in a commercial premises.

So, if I brew beer in my local homebrew shop or other commercial building, I'm not allowed to give some to my friends?

n97 mini

Baldy Conscience wrote: »

So, if I brew beer in my local homebrew shop or other commercial building, I'm not allowed to give some to my friends?

If brewed on a commercial premises it's liable for excise duty. Once you have your paperwork in order with the Revenue you can give it away