What is substitution? In the context of licensed premises in England and Wales, substitution refers to the practice of serving a customer a different brand or type of alcohol (or any drink) than what they ordered without their knowledge or consent. This practice is illegal under UK law and is considered a form of fraud or misrepresentation.
Misrepresentation of Products:
Substitution typically involves serving a cheaper or different drink than the one advertised or requested, such as pouring a lower-quality spirit when a premium brand has been ordered and paid for.
It may also occur when a bar or restaurant runs out of a specific product but serves an alternative without informing the customer.
Legal Implications:
Trading Standards actively monitor this kind of activity, and if a premises is found to be substituting drinks, it could face penalties, fines, or even revocation of its alcohol license.
The practice breaches several regulations, including the Consumer Protection from Unfair Trading Regulations 2008 and laws under the Weights and Measures Act.
Consumer Rights:
Customers have the right to receive exactly what they have ordered. If a substitution is necessary due to a stock issue, the customer must be informed and given the choice to accept the alternative or decline.
Preventing Substitution:
Proper staff training is crucial to ensure that bartenders and servers are aware of the legal requirement to serve exactly what is ordered and to seek consent if a substitution is necessary.
Clear labeling of bottles and ensuring no cross-contamination between products are essential for compliance.
Consequences for Licensed Premises:
If a premises is caught substituting products, they may face investigation by Trading Standards, fines, and even possible suspension or revocation of their license. Reputational damage is also a significant risk, as customers are unlikely to return to a venue that engages in such deceptive practices.
What is substitution?
In summary, substitution is an illegal and unethical practice that undermines consumer trust and breaches the legal obligations of licensed premises in England.
Get in touch with Licensing Professionals today for a complimentary consultation regarding all facets of the Licensing Act 2003. Our team offers training and guidance on this subject.

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