Section 1 — introduction
This guide explains the effects of the law and regulations covering the production, storage and accounting for duty on alcoholic products. It is intended for commercial producers, importers and exporters of alcoholic products.
The Alcoholic Products technical guide is the Notice published by HMRC where referred to in the legislation. It explains the law around production, storage and accounting for duty on alcoholic products.
This technical guide replaces the following Notices which will be withdrawn:
- Excise Notice 226 (Beer Production in the UK)
- Excise Notice 39 (Spirits Production in the UK)
- Excise Notice 163 (Wine Production in the UK)
- Excise Notice 162 (Cider Production in the UK)
This technical guide contains various technical terms and you can find the glossary helpful.
The main legal provisions relating to the production, holding and movement of alcoholic products can be found in the:
- Finance (No.2) Act 2023
- Alcoholic Products (Excise Duty) Regulations 2023
- Customs and Excise Management Act 1979
- Revenue Traders (Accounts and Records) Regulations 1992 (SI 1992/3150) which cover the keeping of records.
- Excise Goods (Drawback) Regulations 1995 (SI 1995/1046)
- Excise Goods (Holding, Movement and Duty Point) Regulations 2010
The following product specific requirements will also apply to spirit drinks with a protected geographical indication (GI). These include Scotch Whisky, Single Malt Welsh Whisky or Wisgi Cymereig Brag Sengl, Irish Whiskey, Irish Cream, Irish Poteen and Somerset Cider Brandy.
Sometimes the law states that detailed rules on a particular matter can be set out in a notice published by HMRC. This guide emphasises requirements which have force of law.
As a producer, importer or exporter of alcoholic products, you may also find it useful to review:
- Registration and approval of excise goods held in duty suspension (Excise Notice 196)
- Receive goods into and remove goods from an excise warehouse (Excise Notice 197)
- Excise Duty Drawback (Excise Notice 207)
- Excise Notice 2002: Alcohol Wholesaler Registration Scheme
- VAT Notice 702/10 — Tax Warehousing
The changes introduced to approvals, returns and payments requirements for alcoholic product producers will be supported by the introduction of new digital services.
The new digital service for approvals will allow customers to apply for an alcoholic products producer approval (APPA) online from 1 February 2025.
The new digital service for returns and payments, launching on 1 March 2025, will allow customers to submit monthly duty returns and make monthly payments online.
This task based guidance provides ‘how to guidance’ covering applying for an approval, submitting returns and paying duty:
You must exercise control over all aspects of your alcohol products production including:
- gaining approval for your production premises
- the physical security of your premises, plant or vessels
- the security of alcoholic products produced
- accurately accounting for the alcoholic products produced
- rendering returns on time
- examining losses and identifying their cause
- investigating any irregularity at your premises
- implementing and monitoring reasonable and effective measures to prevent any loss of dutiable alcoholic products
You should make sure your procedures and records for production and stock control take these aspects into account.
You must also register for the Alcohol Wholesaler Registration Scheme (AWRS) if you sell duty paid alcohol to another business. It’s the responsibility of any business who purchases alcohol for onward sale or supply to check that the wholesaler they purchase from has been approved by HMRC. To apply for approval, read Excise Notice 2002: Alcohol Wholesaler Registration Scheme.
If you fail to comply with the law and regulations relating to this guide, or do not account for the correct amount of excise duty, we can take action including the issue of assessments and civil penalties. Any products and equipment could also be seized. These are explained in Excise Notice 209: Civil Penalties – fixed, geared and daily.
You can also be liable to penalties if you fail to apply for approval with HMRC at the right time, or if your monthly duty return is inaccurate. In many cases you will have the right to appeal.
Full details of the appeals procedure are set out in section 28 — review and appeal procedures.
If you need any advice, you should contact excise and gambling duties enquiries.