WEIGHTS & MEASURES ACT 1985 and GDPR
WEIGHTS & MEASURES ACT 1985The Business Protection from Misleading Marketing Regulations 2008 (BPR’s)
require that you be made aware of all matters relating to the use of the Enomaticsystem in the market, specifically to ensure that it is used in compliance with current legislation which applies to its use in the UK.
Under the Weights & Measures Act 1985, all wine dispensing equipment such as the Enomatic Wine Dispensing System are required to have a Type Approval Certificate (TAC) in order to be legal for the dispensing and sale of wine without further measurement.
Enomatic Wine Dispensing systems do not have TAC approval as we feel it important to allow our customers to have the option of adjusting volumes themselves. It is essential however, that to comply with the Act users of any such systems are required to verify the volume poured by the use of marked and lined glassware, or by using a certified measure to verify the volume poured. We also advise that a sign be put up informing customers in the event of a short measure to speak to a member of staff for a top up to be arranged.
The Weights and Measures (Specified Quantities) (Unwrapped Bread and Intoxicating Liquor) Order 2011 altered the law on quantities that wine can be served in from 1st October 2011. These changes mean that still wine sold by the glass must be sold in quantities of 125ml or 175ml or a multiple of either.
Fortified wine sold by the glass must be sold in 50ml or 70ml measures or multiples of either. Therefore, port, sherry and vermouth for example must now only be sold in 50ml or 70ml measures or multiples of these.
The Order also changed the laws on samples of wine by removing the requirementsfor specific quantities to be used for samples of wine below 75ml. Therefore, you may now sell a “sample” of wine, which as long as it is below 75ml requires no declaration as to quantity. However, if you do make reference to quantity for the samples then the consumer must receive that quantity in stamped and approved glassware or measures.
It is the responsibility of the purchaser to ensure that the Enomatic Wine Dispensing System is used at all times in compliance with the Weights & Measures Act 1985 and all other legislation relating to the sale of alcohol to the public. It is the trader’s responsibility to check with their local licensing departments as to whether the use of the self-service wine dispenser will be within their licence conditions.
Regarding the collection of customer data, and with particular specificity to the General Data Protection Regulation, if software is in conjunction with the Enomatic system in a self-service environment, Enomatic provides the software for this use but is not considered the holder of the data. The Purchaser of the system who is the holder of all data will designate a ‘data controller’ in accordance with GDPR who will ensure proper data management. The data controller will be a person or legal entity who will choose the purpose, conditions, and means of the processing of such data within the constraints of the GDPR, will ensure the safety of the data and will not allow transfer of the data outside of the business. Most importantly, the data controller will be responsible to request explicit consent from the customer to hold such data. The new regulation does not directly abrogate the internal rules on privacy, but if the internal rules contrast with the GDPR then the new regulation will be applied. The Customer agrees to examine internal rules in light of the GDPR before processing any personal data of its customers to ensure that this is upheld.