united-kingdom alcohol
When is a drink classed as alcohol in the UK?
<p>The legality of the sale of non- or low alcohol drinks in the UK seems to be poorly understood. The references I have read are forum/discussion posts which are so often contradictory, and blog-type posts from industry types, that sound convincing but have no referencing.</p>
<p>I want to know when a drink becomes ‘alcohol’, and so becomes restricted by licensing and age restrictions.</p>
<p>It’s easy to see when alcohol is restricted, from government pages like <a href="https://www.gov.uk/alcohol-young-people-law" rel="nofollow noreferrer">https://www.gov.uk/alcohol-young-people-law</a> but such guidance doesn’t define ‘alcohol’ up front. Meanwhile I have read the <a href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/763840/low-alcohol-descriptors-guidance.pdf" rel="nofollow noreferrer">low alcohol descriptors guidance</a> (though these have changed slightly since the majority of the blog-style pages were written.)</p>
<p>It is <em>almost</em> implied in that guidance that alcohol free (0.05%) and de-alcoholised (0.5%) drinks would be not considered alcohol and so would not be restricted in law, but I haven’t seen this written explicitly. Possibly this is why there is mixed understanding of the issue.</p>
<p>So my question becomes, at what level of alcohol does a drink become “alcohol” for the purpose of licensing/restricting its sale?</p>

<p><strong>When is a drink classed as alcohol in the UK?</strong></p>
<p>In <a href="/questions/tagged/england-and-wales" class="post-tag" title="show questions tagged &#39;england-and-wales&#39;" rel="tag">england-and-wales</a> alcohol, which requires a license to sell etc, is defined by <a href="https://www.legislation.gov.uk/ukpga/2003/17/section/191?timeline=false" rel="noreferrer">s.191 of the Licensing Act 2003</a>:</p>
<blockquote>
<p>191 Meaning of “alcohol&quot;</p>
<p>(1) In this Act, “alcohol” means spirits, wine, beer, cider or any
other fermented, distilled or spirituous liquor (in any state), but
does not include—</p>
<p>(a) <strong>alcohol which is of a strength not exceeding 0.5% at the time of the sale or supply in question,</strong></p>
<p>(b) perfume,</p>
<p>(c) flavouring essences recognised by the Commissioners of Customs and
Excise as not being intended for consumption as or with dutiable
alcoholic liquor,</p>
<p>(d) the aromatic flavouring essence commonly known as Angostura
bitters,</p>
<p>(e) alcohol which is, or is included in, a medicinal product or a
veterinary medicinal product,</p>
<p>(f) denatured alcohol,</p>
<p>(g) methyl alcohol, (h) naphtha, or</p>
<p>(i) alcohol contained in liqueur confectionery.</p>
<p>...</p>
</blockquote>
<p>In <a href="/questions/tagged/scotland" class="post-tag" title="show questions tagged &#39;scotland&#39;" rel="tag">scotland</a>, <a href="https://www.legislation.gov.uk/asp/2005/16/section/2?timeline=false" rel="noreferrer">s.2 of the Licensing (Scotland) Act 2005</a> mirrors the 2003 Act:</p>
<blockquote>
<p>(1) In this Act, “alcohol”—</p>
<p>(a) means spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor, but</p>
<p>(b) does not include—</p>
<p>(i) <strong>alcohol which is of a strength of 0.5% or less at the time of its sale</strong></p>
<p>...</p>
</blockquote>
<p>In <a href="/questions/tagged/northern-ireland" class="post-tag" title="show questions tagged &#39;northern-ireland&#39;" rel="tag">northern-ireland</a>, <a href="https://www.legislation.gov.uk/nisi/1996/3158/article/2?timeline=false" rel="noreferrer">Art.2 of the Licensing (Northern Ireland) Order 1996</a>* states:</p>
<blockquote>
<p>“intoxicating liquor” means spirits, wine, beer, cider and any other fermented, distilled or spirituous liquor, but does not include—</p>
<p>(e) <strong>any liquor which is of a strength not exceeding 0.5 per cent at the time of the sale or other conduct in question</strong></p>
<p>...</p>
</blockquote>
<p>Therefore, alcohol free (0.05%) and de-alcoholised (0.5%) drinks are not considered alcohol for licencing, sale etc and so are not restricted in law across the United Kingdom.</p>
<p><sub>(*The Order is secondary legislation made under the <a href="https://www.legislation.gov.uk/nia/2016/24/contents" rel="noreferrer">Licensing Act (Northern Ireland) 2016</a>)</sub></p>
