Alcoholic Liquor Duties Act 1979 (c. 4)

Part I U.K. Preliminary

4 Interpretation. U.K.

(1) In this Act, unless the context otherwise requires,—

• [F1 “alcohol” has the meaning given by section 2 above;]

• “authorised methylator” means a person authorised to methylate spirits under section 75(1) below;

• “beer” has the meaning given by section 1 above;

• “black beer” means beer of the description called or similar to black beer, mum, spruce beer or Berlin white beer, and any other preparation (whether fermented or not) of a similar character;

• “brewer” and “brewer for sale” have the meanings given by section 47 below;

• “British compounded spirits” means spirits which have, in the United Kingdom, had any flavour communicated thereto or ingredient or material mixed therewith, not being methylated spirits;

• “case”, in relation to dutiable alcoholic liquor, means 1 dozen units each consisting of a container holding not less than [F2 65 nor more than 80 centilitres], or the equivalent of that number of such units made up wholly or partly of containers of a larger or smaller size;

• “cider” has the meaning given by section 1 above;

• “compounder” means a person holding a licence as a compounder under section 18 below;

• “distiller”, means a person holding a distiller’s licence under section 12 below;

• “distiller’s licence” has the meaning given by section 12(1) below;

• “distiller’s warehouse” means a place of security provided by a distiller and approved by the Commissioners under section 15(1) below;

• “distillery” means premises where spirits are manufactured, whether by distillation of a fermented liquor or by any other process;

• “dutiable alcoholic liquor” has the meaning given by section 1(1) above;

• “duty” has the meaning given by section 1(1) above and “duty-paid”, “duty-free” and references to drawback shall be construed accordingly;

• “gravity” and “original gravity” have the meanings given by section 3 above;

• “justices’ licence” and “justices on-licence”—

  (a)

  in the application of this Act to England and Wales have the meanings respectively given to them by sections 1(1) and 1(2)(a) of the M1 Licensing Act 1964 and in both cases include a canteen licence granted under Part X and an occasional licence granted under section 180 of that Act;

  (b)

  in the application of this Act to Northern Ireland mean a licence corresponding to the relevant licence such as is mentioned in paragraph (a) of this definition;

• “licensed”, in relation to a producer of wine or of made-wine, means a producer who holds a licence to produce wine or made-wine respectively under subsection (2) of section 54 or 55 below;

• “licensed methylator” means a person holding a licence under section 75(2) below;

• “limited licence to brew beer” has the meaning given by section 47(2) below;

• “made-wine” has the meaning given by section 1 above;

• “the Management Act” means the M2 Customs and Excise Management Act 1979;

• [F3 “methylated spirits” means—

(a) spirits mixed in the United Kingdom with some other substance in accordance with regulations made under section 77 below; or

(b) spirits mixed outside the United Kingdom with some other substance if the spirits and other substance, and the proportions in which they are mixed, are such as are prescribed by those regulations for the production of methylated spirits in the United Kingdom;]

• “the prescribed sum”, in relation to the penalty provided for an offence, means—

  (a)

  if the offence was committed in England or Wales . . . F4 , the prescribed sum within the meaning of [F5 section 32 of the Magistrates’ Court Act 1980 (£1,000 or other sum substituted by order under section 143(1) of that Act)];

  (b)

  if the offence was committed in Scotland, the prescribed sum within the meaning of section 289B of the M3 Criminal Procedure (Scotland) Act 1975 (£1,000 or other sum substituted by order under section 289D(1) of that Act);

  (c)

  [F6 if the offence was committed in Northern Ireland, the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order 1984 (£1,000 or other sum substituted by order under Article 17 of that Order);]

• “producer of made-wine” includes a person who renders made-wine sparkling and “produce”, in relation to made-wine, shall be construed accordingly;

• “producer of wine” includes a person who renders wine sparkling, and “produce”, in relation to wine, shall be construed accordingly;

• . . . F7

• “rectifier” means a person holding a licence as a rectifier under section 18 below;

• “ registered club” means a club which is for the time being registered within the meaning of the M4 Licensing Act 1964 or which is for the time being a registered club within the meaning of the M5 Licensing (Scotland) Act 1976 or which is for the time being a registered club within the meaning of the [F8 Registration of Clubs (Northern Ireland) Order 1987];

• “retailer” means—

  (a)

  in relation to dutiable alcoholic liquor, a person who sells such liquor by retail;

  (b)

  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

• “Scottish licence” includes a licence of a type described in Schedule 1 to the M6 Licensing (Scotland) Act 1976, (other than an off-sale licence), an occasional licence granted in terms of section 33 of the said Act, an occasional permission granted in terms of section 34 of the said Act, and a licence granted in terms of section 40 of the said Act;

• “spirits” has the meaning given by section 1 above;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

• “spirits of wine” means plain spirits of a strength of not less than [F11 80 per cent.] manufactured in the United Kingdom;

• [F1 “strength”, in relation to any liquor, has the meaning given by section 2 above;]

• [F12 “wholesale”, in relation to dealing in dutiable alcoholic liquor, means the sale at any one time to any one person of quantities not less than the following, namely—

(a) in the case of spirits, wine or made-wine, 9 litres or 1 case; or

(b) in the case of beer or cider, 20 litres or 2 cases;]

• [F12 “wholesaler” means a person who deals wholesale in dutiable alcoholic liquor;]

• “wine” has the meaning given by section 1 above.

(2) This Act and the other Acts included in the Customs and Excise Acts 1979 shall be construed as one Act but where a provision of this Act refers to this Act that reference is not to be construed as including a reference to any of the others.

(3) Any expression used in this Act or in any instrument made under this Act to which a meaning is given by any other Act included in the Customs and Excise Acts 1979 has, except where the context otherwise requires, the same meaning in this Act or in any such instrument as in that Act; and for ease of reference the Table below indicates the expressions used in this Act to which a meaning is given by any other such Act—

Management Act

• “the Commissioners”

• “container”

• “the Customs and Excise Acts 1979”

• “excise warehouse”

• “goods”

• “hovercraft”

• “importer”

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

• “night”

• “occupier”

• “officer” and “proper” in relation to an officer

• “ship” and “British ship”

• “shipped”

• “shipment”

• “stores”

• “tons register”

• [F15 “United Kingdom waters”]

• “warehouse”

• “warehousing regulations”.

(4) For the purposes of this Act, selling by retail, in relation to dutiable alcoholic liquor, means the sale at any one time to any one person of quantities not exceeding the following, that is to say—

(a) in the case of spirits, wine or made-wine, [F16 9 litres] or 1 case;

(b) in the case of beer or cider, [F16 21 litres] or 2 cases.

Textual Amendments

F1 Definition inserted by S.I. 1979/241, art. 8(a)(i)

F2 Words substituted by S.I. 1979/241, art. 8(a)(ii)

F3 Definition substituted by Finance Act 1990 (c. 29, SIF 40:1), s. 8

F4 Words repealed by S.I. 1984/703, (N.I. 3) Sch. 6 para. 9(a) and Sch. 7

F5 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 180

F6 Para. (c) of the definition of “the prescribed sum” inserted by SI 1984/703, (N.I. 3) Sch. 6 para. 9(b)

F7 Definition of “proof” repealed by S.I. 1979/241, art. 8(a)(iv)

F8 Words substituted by S.I. 1987/1278 (N.I. 14), art. 47(2), Sch. 4 para. 2

F9 Para. (b) of the definition of “retailer” repealed by Finance Act 1981 (c. 35, SIF 40:1), s. 139(6), Sch. 19 Pt. III

F10 Definitions repealed by Finance Act 1981 (c. 35, SIF 40:1), s. 139(6), Sch. 19 Pt. III

F11 Words substituted by S.I. 1979/241, art. 8(a)(iii)

F12 Definition substituted by Finance Act 1981 (c. 35, SIF 40:1), s. 11(1), Sch. 8 Pt. II para. 11

F13 Words repealed by Finance Act 1986 (c. 41, SIF 40:1), s. 114, Sch. 23 Pt. IV

F14 Words repealed by Territorial Sea Act 1987 (c. 49, SIF 29:1), s. 3 Sch. 2

F15 Expression inserted by Territorial Sea Act 1987 (c. 49, SIF 29:1), s. 3, Sch. 1 para. 5(1)

F16 Words substituted by S.I. 1979/241, art. 8(b)

Marginal Citations

M1 1964 c. 26.

M2 1979 c. 2.

M3 1975 c. 21.

M4 1964 c. 26.

M5 1976 c.26

M6 1976 c. 66.