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Regulation & Compliance9 discussions

What are the HMRC criteria for a product to qualify for draught duty rates instead of standard duty?

Draught duty rates apply to products meeting specific criteria set by HMRC, though members note the rules can feel ambiguous and enforcement is inconsistent. **Key criteria for draught duty eligibility:** - **Container size**: 20L and above (containers 20L and below do not qualify) - **Alcohol content**: Must be 8.5% ABV or below - **Delivery system**: Container must incorporate or be designed to connect to a pressurised gas or pump delivery system (this excludes bag-in-box formats) - **End use and venue type**: The critical factor is that the product must be for consumption **on-premise in a licensed venue**. If the same product is taken away for off-premise consumption (e.g., filled into growlers for takeaway), it loses draught duty status and must be charged standard duty rates **Practical application:** Members recommend applying labels to kegs and casks stating "for on-premise sale only" to avoid HMRC disputes, and note that the responsibility for correct duty classification then falls to the venue. One member highlighted that a firkin or keg sold to an individual for personal use or a private event would not qualify as draught for duty purposes, regardless of size. Members also flag uncertainty around whether small-pack formats can ever qualify for draught duty, and advise checking **HMRC's official guidance** (gov.uk/guidance/check-if-you-can-pay-less-alcohol-duty-on-draught-products#eligible-products). There's a general caveat that HMRC enforcement is loose and inconsistent—they "leave you to do your own thing" until an audit, when classification disputes can become serious.

#hmrc#duty#draught#compliance