Letter from West Brewing Company Ltd.to Glasgow City Council

West Brewing Co. Ltd
18 Binnie Place
Glasgow
G40 1AW

23rd June 2006

Your Ref: TS/LG/MS/MD

Mark Smith
Trading Standards Officer
Environmental Protection Services
231 George Street
Glasgow
G1 1RX



Dear Mr. Smith

Re: Trading Standards Inspection 1st June 2006

Thank you for the points raised in your visit, which identified areas of non-compliance.

I can confirm that by the time of your next visit the following will have been addressed:

Weights and Measures Act 1985
Weights and Measures (Intoxicating Liquor) Order 1998
We will have a statement prominently displayed indicating the quantity in which the following, offered for sale for consumption, namely gin, rum, vodka and whisky are sold.

The Prices Act 1974
The Price Marking (Food and Drink Services) Order 2003
We will ensure that there is a food and drink menu available at the entrance of the establishment, which will indicate in a clear and unambiguous manner the price of either all or a minimum of thirty items for sale.

Capacity Serving Measures (Intoxicating Liquor) Regulations 1988
The legislation detailed above states that it is unlawful to use measures for trade purposes unless they have been tested and passed fit for such use and stamped by an inspector of weights and measures.


Application 3.—(1) Subject to paragraph (2) below, these Regulations apply to the following capacity serving measures for use for trade for the purposes of measuring and serving intoxicating liquor for consumption on or off the premises at which it is sold, namely measures of :-
Imperial System
4 fl oz
5 fl oz (1 gill)
6 fl oz
1/3 pt
8 fl oz
1/2 pt
1 pt
2 pt (1 quart)
4 pt (1/2 gal)

Metric System
100 ml
125 ml
150 ml
175 ml
200 ml
250 ml
500 ml
1 l
2 l

I can confirm that all our glasses are stamped in 0.3l, 0.5l and 1l quantities and these can be checked and verified by a weights and measures inspector.
We can confirm that we will also have stamped glasses in 1pt and ½ pt quantities, again available for verification by a weights and measures inspector, and we will indicate and display all metric prices with an imperial price comparison.

Weights and Measures Act 1985
Weights and measures (Intoxicating Liquor) Order 1988
This states that it is a requirement under the above legislation that unless pre-packed in a securely closed container, beer or cider shall be sold by retail only in a quantity of 1/3, ½ or multiple of ½.

However, as Glasgow City Council is aware, we are the UK's newest and most exciting independent brewery. We're also the only UK brewery to produce all of our beers according to the Reinheitsgebot, the German Purity Law, brewing only with the simplest and purest ingredients — water, malt, hops and fresh yeast. This means that our customers are getting the freshest and tastiest beers of the highest quality.
It is essential therefore, that the beer is sold and enjoyed in the traditional units i.e. by the litre, half-litre and 0.3 litre measures.
We have expended a great deal in time, training and money in order to accommodate the wishes and needs of our customers in the traditional surroundings of our big German beer hall on Glasgow Green, and they can enjoy the ambience whilst watching the brewers at work.

It is our intention to be as flexible as possible however, and as well as offering the beer in metric quantities we will also offer beer by the pint and half-pint, which will be priced accordingly.

It is not our intention to deceive or mislead, just to offer the freedom for the customers to choose and to enjoy the beer in what we believe is the measures the customers prefer.

As a former City of Culture and with a bid for the 2014 Commonwealth Games pending I hope that our business will help play a central role in advertising and promoting a forward thinking city looking to cater for all the diverse tastes from Europe and beyond.

I am aware of the absurdity of the legislation whereby it is a criminal offence to sell bananas by the pound and also a criminal offence to sell beer by the litre, but I am also aware that many local authorities have demonstrated a ‘common sense’ approach to the application of the legislation. Indeed, following the high profile case in 2002 of the ‘Metric Martyrs’ where four market traders were convicted in the High Court of using imperial measures, there have been no further prosecutions in over four years. Also, an Austrian landlady experienced a similar visit by Trading Standards officers at the Cardinal’s Hat pub in Worcester but the local authority decided it wasn’t in the public interest to force an Austrian theme bar to sell beer in what were perceived by customers not to be authentic in such an establishment.
Many local authorities across the country attract German and French Markets and associated hospitality and these are examples where the rules are not vociferously applied.

We have invested a great deal in creating our dream and I am sure that many of the elected members of the Council along with our tens of thousands of very satisfied customers would agree that the way we have set up and run our operation is not only good business for us but also good for the City of Glasgow and especially in an area undergoing such regeneration and providing employment opportunities for over 30 staff from diverse backgrounds.

Therefore, I would ask for Glasgow City Council’s Environmental Protection Services to follow the lead set by other local authorities and display a similar common sense approach and apply a sense of proportionality rather than an literal interpretation of the legislation.

I look forward to your response.

Yours sincerely,



Gordon Wetzel-Stewart (Managing Director) Robin Fitzpatrick (Licensee)