Whisky

Scottish Government plans to introduce a minimum retail price per unit of alcohol are facing fresh scrutiny following moves made by the European Commission.

Fresh arguments set forth by the Publican website (”Proud of Pubs”) point out that in recent years the European Commission has taken infringement proceedings  against Ireland, Austria and France to the European Court of Justice in relation to minimum pricing for cigarettes.

The Scottish Government plan to introduce a new Health Bill to impose a minimum price per unit, which may be between 25p and 70p per unit.

Previous cases have established that imposing minimum prices is incompatible with European law, since it inevitably limits the freedom of producers and importers to determine their own selling price.  In addition, minimum prices are not necessary, since the public health objectives may be attained by increased taxation.

It is obviously only a short mental leap between minimum pricing for cigarettes and minimum pricing for alcohol.  Despite widespread support for the measures in the medical profession, it seems likely that the new Bill will face a legal challenge from the drinks industry under EC law.

Nonetheless, the Scottish Government remains confident, insisting that it will rely on its own legal advice and maintaining that “Minimum pricing for alcohol and a ban on irresponsible promotions could prevent thousands of deaths, illnesses and crimes and save Scotland millions of pounds every year.”

Legislation passed by the Scottish Parliament does not have the same status as Westminster laws and are more vulnerable to challenges in the courts.  Earlier this year, the insurance industry brought a legal challenge against the Damages (Asbestos-related Conditions) (Scotland) Act 2009.

Tags: business, consumer, courts, law, legal services, licensing