Service Charge for Tap Water in Licensed Premises

[baldone2211]

Hi everyone. I am looking for advice. We operate a bar in a venue where a lot of dance events take place. These dance events do not attract drinkers. The majority drink tap water. Due to this we have implemented a 50p service charge if customers ask for tap water. We are not charging for tap water, we are charging for our service and the use of a glass. They pay 50p for the glass and can drink as much tap water as they like for the rest of the evening. I am trying to find a legal document that states we are not allowed to impose a service charge. I know it is illegal to charge for tap water but, as I have said above, the 50p is a service charge for us being there to serve free tap water and the use of a glass. Can anybody point me in the right direction?

 

[Newchodge]

As I understand the rules, you must provide free tap water, if you serve alcohol, to your paying customers. Charging for a glass makes the tap water not free - how else can you provide the water if you don't provide a container?

However, if your clients are not paying customers, ie they don't pay an entrance fee and have not bought anything, you do not have to provide free water.

Quite how you would establish whether any customer is a paying customer, if there is no entry fee, is beyond me.

 

[baldone2211]

There is an entrance fee charged by the organiser who hires the venue however as we only operate the bar within the venue, we do not receive any of this money.

 

[Newchodge]

Then you have been paid for these customers in the venue hire, so I think you would be breaking the law to charge.

Perhaps you need to do some costings on what you make on these events, and see if you need to change the venue hire price.

 

[ethical PR]

There is an entrance fee charged by the organiser who hires the venue however as we only operate the bar within the venue, we do not receive any of this money.

Why not charge the organiser then based on typical numbers who attend.

 

[baldone2211]

Sorry I haven't been clear. We rent the bar from the council. The council receive the money from people hiring the venue. Our income purely comes from Bar sales.

 

[Newchodge]

Sorry I haven't been clear. We rent the bar from the council. The council receive the money from people hiring the venue. Our income purely comes from Bar sales.

Then it may not be a profitable venture for you. You may have to tell the council that you can only provide the bar if you are paid 50p per head for each person at the event.

 

[baldone2211]

Thanks for your help. If anyone can show me a document that says we cannot impose a service charge for tap water that would be very useful. There is an article on the BBC that says we can impose a service charge but they don't say where they got this info from.

 

[Newchodge]

Thanks for your help. If anyone can show me a document that says we cannot impose a service charge for tap water that would be very useful. There is an article on the BBC that says we can impose a service charge but they don't say where they got this info from.

The law states that you must supply free tap water. You don't need a document that states you can't charge. You need one that states that you can!

 

[Scalloway]

From this article

https://www.moneysavingexpert.com/shopping/tap-water-rights

Can they charge for service/use of a glass instead?

Unfortunately, it's a bit of a grey area as to whether they can charge for service or filtering - there's nothing in the legislation which says definitively one way or the other if they can, but we've heard in the past of some sneaky restaurants that do.

 

[James Rae]

Maybe sell plastic cups on entry and water fountains/taps where they can help themselves (so little effort/staff wages providing water) then make sure you collect empties often and everyone will be happy I find it hard to believe the law says you must provide cups/glasses for free as there is a cleaning and breakage cost.

 

[DontAsk]

These dance events do not attract drinkers. The majority drink tap water.

So is the bar really profitable for the minority that buy a real drink?