Weights and Measures 'due diligence' - a reminder

News that a nightclub has recently been fined £6,000 for selling vodka unfit for human consumption when the liquid tested positive for denatured alcohol emphasises the need for operators to have in place robust due diligence systems to avoid any possible breach of the Weights & Measures legislation.

This should extend to:

• Having systems in place to ensure that products sourced from an ‘unusual' or new supplier are properly duty paid;
• Having systems in place to ensure that products are not counterfeit and are indeed what they are billed to be;
• Having systems in place to ensure that products cannot be contaminated or diluted on site and having a system of periodic checks in place to see if they have been;
• Being alert to the possibility of alcohol evaporation from spirits with open top pourers and having systems in place to ensure that this is avoided;
• Having the mandatory choice of smaller measures available together with the required advertising; and
• Ensuring that the business is aware of the law and the requirements which are relevant to them. All the activities of the business which may cause a breach of the law should be identified controlled and checked by a system of working. 

With regards procedures employed we would highlight that the operator should ensure that all systems are being followed correctly. The systems should also include provision for proposing and carrying out effective remedial action where things are found to be wrong. Regular reviews of the operation of the system should also take place with amendments made if necessary to ensure that the systems are appropriate. Further, records should be kept of procedures followed and checks carried out to demonstrate that the system is operating correctly.

We would point out that the size of the operation is also a factor to be taken into account when considering systems which must be appropriate to the size of the business and where it sits in the supply chain.