TL;DR
Paragraph 4 of the Schedule to the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 requires the responsible person to make beer or cider available in a half pint, gin, rum, vodka or whisky in 25 ml or 35 ml, and still wine in a glass in 125 ml, and to display those measures in printed material. It does not apply to drinks made up in advance in a securely closed container. The Home Office guidance says the mandatory conditions do not apply to anything authorised by a temporary event notice. The quantities a bar may sell at all are set separately, by the Weights and Measures (Intoxicating Liquor) Order 1988.
Every licence that allows alcohol to be drunk on the premises in England and Wales carries a condition about small measures. It reaches past beer to spirits and wine, and it sits next to a separate set of rules on the quantities a bar may sell. This article sets out what the condition says, who it binds and where it stops, then what it means for the cups behind the bar.
What the condition says
The condition is paragraph 4 of the Schedule to the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010. It requires the responsible person to ensure that, where any of three drinks is sold or supplied for consumption on the premises, it is available to customers in these measures: beer or cider, half a pint; gin, rum, vodka or whisky, 25 ml or 35 ml; and still wine in a glass, 125 ml.
Two further duties come with it. The measures must be displayed in a menu, price list or other printed material available to customers on the premises. And where a customer does not say what quantity of alcohol they want, they must be made aware that these measures are available. The Home Office guidance adds that this can mean putting the measures on menus and price lists displayed in a prominent and conspicuous place, for example at the bar, and that the premises licence holder must make sure staff know the condition applies.
Where it does not apply
The condition does not cover drinks made up in advance ready for sale in a securely closed container. The Home Office guidance gives the example that if beer is only available in pre-sealed bottles, the requirement to make it available in half pints does not apply.
It also stops at the edge of the licence. The Order defines relevant premises and the responsible person by reference to paragraphs (a) and (b) of the definitions in the 2003 Act, which are licensed premises and premises with a club premises certificate. It leaves out paragraph (c), premises used for a permitted temporary activity under Part 5 of the Act. The guidance says it plainly: the mandatory licence conditions do not apply to activities, including the supply of alcohol, authorised by a temporary event notice.
The responsible person, in the licensed premises sense, is the premises licence holder, the designated premises supervisor, or any individual aged 18 or over authorised by either of them. For a club it is a member or officer present who can prevent the supply in question. The Order applies in England and Wales, and this article covers no other part of the UK.
The quantities a bar may sell
The licence condition says which small measures must be on offer. A different instrument, the Weights and Measures (Intoxicating Liquor) Order 1988, limits the quantities in which these drinks can be sold at all.
For draught beer and cider, article 2 allows a third of a pint, half a pint, two thirds of a pint or a multiple of half a pint. Where the drink is consumed on the seller's premises it must be sold in a capacity measure of that quantity, unless it is delivered straight into the customer's container from stamped measuring equipment that customers can see. Our guide to UK pint and half pint cup sizes covers the beer quantities in more detail.
For gin, rum, vodka and whisky sold for consumption on the premises, article 3 allows 25 ml or 35 ml and multiples of the quantity chosen, with the same quantity applying across the four spirits and across a licensee's licensed premises, and it requires a written statement of the quantities on offer. GOV.UK summarises this as 25 ml or 35 ml but not both on the same premises. For wine sold in the glass, article 5A allows 125 ml and 175 ml and multiples, again with a written statement of the quantities on sale, and GOV.UK adds that port, sherry and other fortified wine go by the glass in 50 ml or 70 ml. The two texts fit together: the licence condition names 125 ml for wine and 25 ml or 35 ml for spirits, and both figures appear on the lists in the Order.
What it means for the cups
For a half pint of beer, the cup is the measure. Article 2 requires a draught half pint drunk on the premises to be sold in a capacity measure of that quantity, so the half pint cup has to be a legal measure and carry the markings that go with it. Our guide to pint to line and pint to brim cups explains those markings. The reusable event cups range here includes half pint to line cups, printed in one colour or in full colour from 50 cups, and blank half pint cups from 100.
For wine and spirits the picture is different. Articles 3 and 5A set quantities and the written statement, and the capacity measure requirement in article 2 is written for beer and cider. The small measures condition therefore drives which sizes a bar has to stock for beer, and it drives what goes on the menu for the rest.
Where this stands
This was checked on 30 September 2026. The Schedule to the 2010 Order was amended on 15 September 2026, by SI 2026/1022, and that change concerns age verification and digital identification in paragraph 3. Paragraph 4, the small measures condition quoted above, is unchanged. The Home Office section 182 guidance was also updated on 15 September 2026, with a change to its age verification section. If you run a bar, the practical points are short: the half pint has to exist on the bar, the measures have to be written where customers can see them, and staff have to know the condition applies. If you are ordering cups for one, ask for a quote with the sizes you plan to pour.
Frequently Asked Questions
Does a bar have to sell half pints?
In England and Wales, a licence that authorises alcohol to be drunk on the premises carries a mandatory condition requiring beer or cider to be available in a half pint measure. The condition does not apply to drinks made up in advance in a securely closed container, so a bar that sells beer only in pre-sealed bottles is outside the half pint requirement, according to the Home Office guidance.
Which measures of spirits and wine must be available?
Gin, rum, vodka or whisky in 25 ml or 35 ml, and still wine by the glass in 125 ml. The measures must be displayed in a menu, price list or other printed material available to customers, and customers who do not specify a quantity must be made aware of them.
Does the small measures condition apply at a temporary event?
No. The Home Office guidance says the mandatory licence conditions do not apply to activities, including the supply of alcohol, authorised by a temporary event notice. The Weights and Measures Order on the quantities in which drinks may be sold is a separate instrument.
Who is the responsible person?
For licensed premises it is the premises licence holder, the designated premises supervisor, or any individual aged 18 or over authorised by either. For a club with a club premises certificate it is a member or officer present who can prevent the supply in question. This comes from section 153(4) of the Licensing Act 2003, which the Order uses.
How we checked this article
Checked on 30 September 2026. The Schedule to the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 was read in its revised form on legislation.gov.uk, for paragraph 4 on small measures and for the definitions of relevant premises and responsible person in article 2. The revised text shows the Schedule substituted on 1 October 2014 and paragraph 3 amended on 15 September 2026 by SI 2026/1022; paragraph 4 is not among the amendments. Sections 153 and 159 of the Licensing Act 2003 were read for the two definitions the Order points to. The Home Office Revised Guidance under section 182, September 2026 edition, was read as a PDF for paragraphs 10.35 and 10.66 to 10.69. The GOV.UK publication page for it gives 15 September 2026 as its last update, for the age verification section, and the address that used to serve the February 2026 edition now serves the September one. Articles 2, 3 and 5A of the Weights and Measures (Intoxicating Liquor) Order 1988 were read in revised form on legislation.gov.uk, and the GOV.UK specified quantities page, whose GOV.UK metadata gives 15 December 2014 as its last update, was read for its summary of the spirits and fortified wine quantities. Product details come from this site's reusable event cups page. Scotland and Northern Ireland are not covered.
- Published by
- Branded Cups Ltd
- Sources last checked
- 2026-09-30
Sources
- The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010, Schedule, paragraph 4 (revised)
- The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010, article 2 (interpretation)
- Licensing Act 2003, section 153 (responsible person)
- Licensing Act 2003, section 159 (relevant premises)
- Home Office, Revised Guidance issued under section 182 of the Licensing Act 2003 (September 2026)
- The Weights and Measures (Intoxicating Liquor) Order 1988, article 2 (beer and cider)
- The Weights and Measures (Intoxicating Liquor) Order 1988, article 3 (gin, rum, vodka and whisky)
- The Weights and Measures (Intoxicating Liquor) Order 1988, article 5A (wine)
- GOV.UK, Weights and measures: the law, specified quantities
- Branded Cups, Reusable event cups



