Brulines Weights & Measures Guidance
Wednesday 1st February 2012
GMB CALLS ON DEPARTMENT FOR BUSINESS,
INNOVATION AND SKILLS TO ISSUE GUIDANCE TO LOCAL TRADING STANDARDS
OFFICERS RE BRULINES EQUIPMENT
As Brulines equipment, when used to
fine tenants, is covered by Weights and Measures legislation local
trading standards departments now want guidance on this says
GMB
GMB, the union for pub tenants, has written to
Department for Business, Innovation and Skills asking for
guidelines to be issued to local trading standards officers on how
to apply Weights and Measures legislation to Brulines equipment
when used to fine pub tenants. See copy of letter
below.
In December Mr Davey the BIS Minister
confirmed that the Government considered that Weights and Measures
legislation did apply in when used to levy fines but it was for
local trading standards offices to enforce the law. See note 2
below
Following this confirmation from Government a
GMB member requested that his local trading standards department in
Wandsworth enforce the law relating to the equipment in his pub.
The trading standards officer has yet to get involved but told this
GMB member “I will wait with interest to see if the National
Measurement Office or BIS issues any formal guidance on this issue
following the Minister’s statement.”
Paul Maloney GMB national officers for pub
tenants said “Mr Davey’s statement has opened a can of
worms for pubcos. Enterprise alone levied £10 million worth
of fines last year based on a system we know to be
inaccurate.
This places the local trading
standards officers in very difficult positions as they are scared
to death of being the one to bring down this house of cards.
Consequently they are simply ignoring the issue by asking for “more
guidance” on this matter which the minister is now reluctant to
give.
GMB members have no intention of
letting this drop. We will not go around in circles on
this.
I have written to the Department
asking for them to issue the guidance. They may refuse saying
existing guidance covers this equipment or they may issue new
guidance. Either way Trading Standards are duty bound to enforce
the law. GMB will insist that they do as far as our members
are concerned.”
End
Contact: Paul Maloney 07801 343 839 or 0208
397 8881 or Dave Mountford 07792 198 954 GMB Press Office 07921
289880 or 07974 251823
Note 1
Copy of GMB letter
Mr. Iain Mansfield, Senior Policy
Official,
Department for Business, Innovation and
Skills
1 Victoria Street,
London SW1H OET
Dear Mr. Mansfield,
As you are no doubt aware the GMB has had
a long standing interest in the plight of
Tied tenants, with many of our members
suffering at the hands of Pub Companies, experiencing terrible
examples of injustices.
We were gratified therefore when Mr Davey
confirmed, what we have been aware of for some time, that of the
issue regarding the Brulines system.
Many of our members have been penalised
with ridiculous fines based on this system which has been
comprehensively shown to be inherently flawed and we were therefore
pleased that Mr Davey confirmed that, as Brulines was in use for
Trade, it came under the remit of Trading Standards.
Unfortunately local trading standards
departments have been extremely reluctant to become involved in
this debate due to the lack of clarity from the minister and it
would appear that it is necessary for clear guidance to all Trading
standards officers regarding this issue - something they have been
requesting.
I am sure, like the GMB you would support
every effort to make sure that individuals have the right to trade
without having barriers put in their way and it is clear that
Tenants require the support of local authorities which they are
currently reluctant to give.
I would be grateful if Mr Davey would
therefore supply that guidance as a matter of urgency so that this
confusion is cleared up once and for all.
Yours sincerely Paul Maloney GMB
2 Statement by Ed Davey on 6th Dec
2011
“I am told legally under the Weights and
Measures Act, in general, that the Brulines equipment is not in use
in trade if it is for monitoring purposes.
However, I am told now, in general, that
when it is used, not just to monitor, but to actually go ahead and
fine someone, the act of the fine, in general, means it is in use
for trade.”