Scotch whisky group appeals against minimum alcohol price ruling

By Lorraine Mullaney

- Last updated on GMT

Related tags Scotland

The Scotch Whisky Association is set to appeal against the ruling
The Scotch Whisky Association is set to appeal against the ruling
The Scotch Whisky Association’s (SWA’s) legal challenge to Scottish government plans to set a minimum price for alcoholic drink has failed and the “disappointed” organisation will appeal against the judge’s decision.

The drinks industry body took action against the proposal, which it claimed would breach European law.

At a Court of Session ruling, Lord Doherty dismissed the SWA’s petition and said plans to introduce a minimum price of 50p per unit were not outside the legislative competence of the Scottish Parliament and that the proposed order setting the price was within the remit and powers of the Scottish ministers.

SWA chief executive Gavin Hewitt said:“We are disappointed our petition for judicial review has been refused. We are surprised at the ruling in light of 30 years of European case law on minimum unit pricing ​[MUP]. We will be appealing against this decision and we remain confident of our position.”

‘Surprised at the ruling’

The SWA said it had the European drinks industry on its side and was joined in its petition by EU spirits producers’ body the European Spirits Association and EU wine industry body Comité Européen Des Enterprises Vins.

Hewitt said: “The view from Europe is very different to that expressed by the court and we are not alone in having concerns about the legality of MUP. We are joined in our legal action by spiritsEurope and Comité Européen Des Enterprises Vins. The European Commission and more than 10 Member States have expressed their concerns that MUP contravenes EU trading rules and their opposition to the Scottish proposals.

“We have consistently opposed MUP so our decision to appeal should not come as a surprise. The Scottish government has agreed to not introduce MUP until the legal process, including appeals, is complete.”

‘Scotland’s problematic relationship with alcohol’

Welcoming last week’s ruling (May 3), Scottish health secretary Alex Neil said: “We welcome today’s favourable opinion from the Court of Session on minimum unit pricing of alcohol. We have always believed minimum unit pricing is the right thing to do to tackle Scotland’s problematic relationship with alcohol. 

"Minimum unit pricing will target cheap alcohol relative to strength that is favoured by hazardous and harmful drinkers and which contributes to much of the alcohol-related harm we see in Scotland.

“We now look forward to being able to implement minimum unit pricing and making that transformational change in Scotland’s relationship with alcohol.”

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1 comment

Ms Susan P Glaze

Posted by Susan P Glaze,

I worked in the field of drug and alcohol abuse for 25 years. I never once came across an alcoholic dependent individual who was put off accessing booze by price.

I have consulted with colleagues who continue to work in this field, and can confirm that they too have no knowledge of anyone who was alcohol dependent who was put off drinking to excess by price alone.

This issue is cultural and requires a far more sophisticated method of control than increasing price alone.

Studies in other countries, such as Canada, are related to entirely different cultures and so do not resemble the issues which face Scotland.

Minimum pricing of alcohol in Scotland will do little more than to damage the drinks industry and penalise those who are on lower incomes who drink responsibly.

Further, there is a serious risk that minimum pricing of alcohol will create an 'open field' for the illegal drug industry. It, like any other industry, seeks to create new markets for its illicit trade.

I would be more than happy to appear as a witness to any future court hearings, based on my extensive experience of the drug and alcohol issue in Scotland.

I have extensive experience of court appearances related to this issue, and therefore have no fears about giving evidence on the matter.

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