The Student Room Group

Isn't free tap water a legal requirement in all clubs/bars?

Yesterday I went to a club and asked for tap water but was told that they do not give out free water. The lady at the bar said that it was not a legal requirement because they do not sell food. However I went to many other clubs which did not sell food but they all supplied free tap water. The taps in the bathroom were only hot water and in the end I had to buy a bottle of water for £2.

Am I wrong on the law?

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Reply 1
I think the club is right actually, in legal terms. Not everywhere HAS to.

That said, that's really really irresponsible in my opinion. So they'd rather have people potentially ill rather than give a small cup of water? Do you have to be off your face and passing out before you get water?


I noticed McDonalds now have special tiny 'courtesy cups', about half the size of a kids' meal cup, for the free water. Stingy, heh.
Reply 2
i thought anywhere that sold alcohol had to supply free tap water?
They can charge you a service fee so its all irrelevant anyway.
They should be able to provide free water if they're willing to watch their customers get off their face on alcohol.
Reply 5
that's well out of order... i dont think it is against the law, but i wouldn't go back to that club again

do they want their customers to puke all over the floor?
Reply 6
The provision of free drinking water is not a legal requirement unless stated in the Premises Licence and Opratng Schedule.

A lot of Clubs/pubs have this condtion imposed by the Police or Local Council, but if it isn't they are not obliged to give out free water.

Whether a venue that doesn't give free water is failing the Responsible Retailing of Alcohol guidelines is a grey area.

...as for customers puking on the floor...the purchasing of alcohol whilst drunk, or for someone else who is drunk IS against the Law, and offenders are liable to a fine.
Reply 7
So you're not allowed to purchase alcohol if you're drunk? How do they measure if you are drunk or not? I didn't know this.
Reply 8
Technically, no you're not. but it rarely happens in practice. I've seen people get booted out for being totally off their faces and being a nuisance, but I don't suppose bar staff can really know.
Reply 9
dans
So you're not allowed to purchase alcohol if you're drunk? How do they measure if you are drunk or not? I didn't know this.


That's the problem...

...if 'in the opinion' (and that's a very subjective way of deciding!) of the staff you are drunk, they can, and under the new Licensing Legislation MUST refuse service.

This is from the Licensing Act 2003...


Is it still illegal to sell alcohol to a person who is drunk?

Yes. The Act includes an offence of selling alcohol, or attempting to sell alcohol, to a person who is drunk, or knowingly to allow alcohol to be sold to such a person.

The categories of person to whom this offence applies include, any person who works at the premises in a capacity (whether paid or unpaid) which gives him authority to sell the alcohol, the holder of the premises licence and the designated premises supervisor (if any) and, in the case of a club, any member or officer of the club who is present on the premises in a capacity which enables him to prevent it. In the case of premises used for a permitted temporary activity, the premises user in relation to the event notice in question could also commit this offence.

The sentence, on conviction of this offence, is a fine of up to £1,000.


Is it still illegal to obtain alcohol for a person who is drunk?

Yes. The Act contains an offence of knowingly obtaining or attempting to obtain alcohol for consumption on licensed premises for a person who is drunk. The sentence on conviction of this offence is a fine of up to £1,000.
dans
So you're not allowed to purchase alcohol if you're drunk? How do they measure if you are drunk or not? I didn't know this.


You wouldn't be allow to do it in a supermarket either..midn you its a lot easier to tell than when someone is in a club.
I went into Wetherspoons last week and my friends asked for tap water,they gave her it without her having bought anything.

I went up later, after having had a cup of tea from there, and asked for water and they said I couldn't have any unless I was having something to eat!
chocolateflake99
I went into Wetherspoons last week and my friends asked for tap water,they gave her it without her having bought anything.

I went up later, after having had a cup of tea from there, and asked for water and they said I couldn't have any unless I was having something to eat!



Was it the same person serving?

Usually it depends on whos serving- I know when I was a waitress if people asked me for extra sauce on their ice cream and stuff like that I always used to give it to them for nothing but others charged for it.

But thats rediculous though, as if they arnt making enough profit out of the night, its not like they cant afford a glass of tap water, just sounds like a case of the barman/woman being a moron.
Reply 13
i have to say i always thought it was against the law not to provide free tap water.. not sure where i got that from though
Reply 14
you'll be able to tell us next year when you've studied the law lol
Reply 15
emerley
i have to say i always thought it was against the law not to provide free tap water.. not sure where i got that from though


I've worked in and run pubs for 17 years...believe me when I say it isnt a legal requirement to provide free water (unless a condition is imposed).

Whether refusing free water is a responsible standpoint is an entirely different matter.
Reply 16
chocolateflake99
I went into Wetherspoons last week and my friends asked for tap water,they gave her it without her having bought anything.

I went up later, after having had a cup of tea from there, and asked for water and they said I couldn't have any unless I was having something to eat!


You see, I don't understand why anyone would go to a place where they made up rules just to annoy customers and for no gain whatsoever to themselves.

Anyway - I'm amazed that free tap water isn't a legal requirement in England, or that at the very least the licensing board don't insist on it. Indeed, I am simply amazed that a club wouldn't give it out - as said above, it's irresponsible.

It is a legal requirement in Scotland (Licensing (Scotland) Act 2005, Schedule 3, s.9(2)).
Reply 17
I was always under the impression that it was a legal requirement tbh. I'm sure that if you had bought an alcoholic drink at the same time, they wouldn't have charged you. Either way, it's totally irresponsible.
Reply 18
i believe running cold water must be provided - the taps shouldn't be turned off...
Reply 19
Nope, theres no real law for it. Although, its generally given that you wont or shouldnt be turned down a glass of water. Dont think I've ever told anyone no when they asked for water when I worked in a bar.