Out-Law News 1 min. read

Minimum unit pricing: Scottish government sets 50p rate


The minimum price per unit of alcohol is to be set at 50 pence in Scotland, the Scottish government has confirmed. The recommended minimum rate, which still has to be ratified by the Scottish parliament, would apply from 1 May 2018.

The policy announcement, which followed a consultation, confirmed the 50p rate that was first proposed by Scottish ministers after legislation paving the way for the introduction of minimum unit pricing (MUP) was passed by the Scottish parliament in 2012. The Alcohol (Minimum Pricing) (Scotland) Act  prohibits the sale of alcohol below a minimum price, calculated on the basis of the drink's alcoholic content. 

The Scottish government's implementation of its MUP plans has been delayed by legal action. A number of trade bodies, including the Scotch Whisky Association (SWA), argued that MUP was not a proportionate response to tackling alcohol-related harm. The case, which was considered by courts in Edinburgh and the EU's highest court, the Court of Justice of the EU (CJEU), was eventually settled by a decision of the UK's Supreme Court in November 2017.

The Supreme Court ruled that the Scottish government's MUP plans were lawful – a decision that cleared the way for the Scottish government to re-consult on the detail of its MUP plans.

Scottish health secretary Shona Robison said: "I am grateful to everyone who took the time to respond to the consultation on our proposed minimum price per unit of alcohol and I am happy to confirm that we will be moving forward with our recommendation of 50 pence. With alcohol on sale today in some places at just 16 pence per unit, we have to tackle the scourge of cheap, high-strength drink that causes so much damage to so many families. This move will save thousands of lives."

However, Scottish Labour's shadow cabinet secretary for health, Anas Sarwar, said MUP was no "silver bullet" and called on the Scottish government to impose a new social responsibility levy in Scotland to address alcohol-related harm.

"As it stands the implementation of minimum unit pricing is set to hand the supermarkets a multi-million pound profit windfall," Sarwar said. "We believe that money should be clawed back and reinvested in improving public health. The legal provisions to enact a social responsibility levy have existed for seven years now … The time has come to consider the levy as a way of investing to tackle inequality and ill health."

Licensing law specialist Audrey Ferrie of Pinsent Masons, the law firm behind Out-Law.com, said: "As anticipated the Scottish government has stuck to the 50p minimum unit price proposed originally despite some advocates for a higher MUP. The recommended price will now go before the Scottish parliament for approval. In theory it is possible that parliament may take a different view."

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