THE landlord of a Spa pub was made to pay more than £1,000 after he was caught selling substituted whisky.
Anthony Gardner, licensee of the Barley Mow, was investigated by trading standards just before Christmas last year, Worcester magistrates heard last Friday.
Trading standards officer, Laura Fisher visited the Hanbury Road pub on December 20 and bought double measures of Bells Whisky and Gordon's London Dry Gin.
"Parts of these samples were analysed for Worcestershire County Council's Scientific Services," said Yasmin Juned, prosecuting for trading standards.
By January 14, analysis confirmed the gin was Gordon's London Dry but the chemical make-up of the liquid in the whisky bottle did not match that of Bells. In a formal interview on April 10, Gardner said he couldn't explain why anyone would fill the bottle with another whisky, magistrates heard.
"In a second visit to the Barley Mow, inspectors found three bottles of whisky, one of which was a bottle of Booker's own brand," said Miss Juned, referring to Jacobite from Booker's supermarkets.
"In an interview, Mr Gardner said: 'I don't drink or sell Mickey Mouse stuff."
Miss Juned said the maximum fine for false description was £20,000 or six months in prison.
However, Barry Newton, defending, said such "Draconian" punishments were not necessary.
"They should be reserved for cases of systematic large scale duping or customers over a long period of time, and this is at the opposite end of the scale," he said.
Mr Newton said Gardner had a lengthy and unblemished record and this was the first incident to have befallen him as a licensee.
"He accepts responsibility as the name over the door is his, irrespective of whether he had anything to do with topping up the bottles himself."
Mr Newton added Gardner had spent a lot of money refurbishing the pub, which is used by its partner company to train staff.
Gardner, aged 61, admitted the charge of false description.
"You are no doubt aware that selling supermarket brands in a labelled bottle by accident or design is not on," said the chairman of the bench.
"I am surprised your customers didn't spot it before the authorities but that's up to your customers' taste buds."
Gardner was fined £300 and ordered to pay £898.50 costs.
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