Act of Parliament | |
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Long title | An Act of the Scottish Parliament to make provision about the price at which alcohol may be sold from licensed premises; and for connected purposes. |
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Introduced by | Nicola Sturgeon MSP |
Territorial extent | Scotland |
Dates | |
Royal assent | 29 June 2012 |
Commencement | 1 May 2018 |
Status: Current legislation | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Alcohol (Minimum Pricing) (Scotland) Act 2012 is an Act of the Scottish Parliament, which introduces a statutory minimum price for alcohol, initially 50p per unit, as an element in the programme to counter alcohol problems.
The Act was passed with the support of the Scottish National Party, the Conservatives, the Liberal Democrats and the Greens. The opposition, Scottish Labour, refused to support the legislation because the Act failed to claw back an estimated £125m windfall profit from alcohol retailers. [1] The Labour MSP Malcolm Chisholm, the former Minister for Health and Community Care, disobeyed his party's whip and supported the government.
A legal challenge to the minimum pricing legislation failed at the Court of Session. The Scotch Whisky Association, the Confédération Européenne des Producteurs de Spiritueux and the Comité Européen des Entreprises Vins appealed the judgement. The act was delayed, with a legal challenge by the Scotch Whisky Association being referred to the Court of Justice of the European Union by the Court of Session. [2]
The decision of the court, delivered in December 2015, was that such legislation would only be lawful if alternative policies such as higher taxes would not be effective in protecting public health. Scottish judges would be required to consider evidence on this point. [3] [4]
On 15 November 2017, the Supreme Court of the United Kingdom unanimously rejected the Scotch Whisky Association's case, ending the legal battle, arguing that minimum pricing was a "proportionate means of achieving a legitimate aim". [5]
The act came into effect on 1 May 2018. [6]
Research by Newcastle University published in May 2021 found that alcohol sales dropped by 7.7% in Scotland following the introduction of a minimum price, when compared to north-east England. [7]
A study published in 2021 found reductions in overall purchases of alcohol, largely restricted to households that bought the most alcohol, which continued into 2020. [8] A study carried out by Public Health Scotland, and the University of Glasgow, found that the implementation of alcohol minimum unit pricing in Scotland led to a 13.4% reduction in deaths from alcohol-specific causes. [9]
Scotch whisky, often simply called whisky or Scotch, is malt whisky or grain whisky made in Scotland.
Whisky or whiskey is a type of liquor made from fermented grain mash. Various grains are used for different varieties, including barley, corn, rye, and wheat. Whisky is typically aged in wooden casks, which are typically made of charred white oak. Uncharred white oak casks previously used for the aging of port, rum or sherry are also sometimes used.
Scotland is a well-developed tourist destination, with tourism generally being responsible for sustaining 200,000 jobs mainly in the service sector, with tourist spending averaging at £4bn per year. In 2013, for example, UK visitors made 18.5 million visits to Scotland, staying 64.5 million nights and spending £3.7bn. In contrast, overseas residents made 1.58 million visits to Scotland, staying 15 million nights and spending £806m. In terms of overseas visitors, those from the United States made up 24% of visits to Scotland, with the United States being the largest source of overseas visitors, and Germany (9%), France (8%), Canada (7%) and Australia (6%), following behind.
Single malt Scotch refers to single malt whisky made in Scotland. To qualify for this category, a whisky must have been distilled at a single distillery using a pot still distillation process and made from a mash of malted barley. Therefore, a single malt means that the whisky has not been blended elsewhere with whisky from other distilleries. As with any Scotch whisky, a single malt Scotch must be distilled in Scotland and matured in oak casks in Scotland for at least three years, although most single malts are matured longer.
Speyside single malts are single malt Scotch whiskies, distilled in Strathspey, the area around the River Spey in Moray and Badenoch and Strathspey, in northeastern Scotland.
A blended whiskey is the product of blending different types of whiskeys and sometimes also neutral spirits, colorings, and flavorings. It is generally the product of mixing one or more higher-quality straight or single malt whiskey with less expensive spirits and other ingredients. This typically allows for a lower priced finished product, although expensive "premium" varieties also exist.
The Glenlivet distillery is a distillery near Ballindalloch in Moray, Scotland, that produces single malt Scotch whisky. It is the oldest legal distillery in the Highlands of Scotland. It was founded in 1824 and has operated almost continuously since.
Campbeltown is a town and former royal burgh in Argyll and Bute, Scotland. It lies by Campbeltown Loch on the Kintyre Peninsula. Campbeltown became an important centre for Scotch whisky, and a busy fishing port.
The legal drinking age is the minimum age at which a person can legally consume alcoholic beverages. The minimum age alcohol can be legally consumed can be different from the age when it can be purchased in some countries. These laws vary between countries and many laws have exemptions or special circumstances. Most laws apply only to drinking alcohol in public places with alcohol consumption in the home being mostly unregulated. Some countries also have different age limits for different types of alcohol drinks.
The Famous Grouse is a brand of blended Scotch whisky produced by The Edrington Group in Scotland. It was first produced by Matthew Gloag & Son in 1896. The single malt whiskies used in The Famous Grouse blend include the Edrington-owned Highland Park and The Macallan. Its emblem is the red grouse, Scotland's national game bird.
A price floor is a government- or group-imposed price control or limit on how low a price can be charged for a product, good, commodity, or service. It is one type of price support; other types include supply regulation and guarantee government purchase price. A price floor must be higher than the equilibrium price in order to be effective. The equilibrium price, commonly called the "market price", is the price where economic forces such as supply and demand are balanced and in the absence of external influences the (equilibrium) values of economic variables will not change, often described as the point at which quantity demanded and quantity supplied are equal. Governments use price floors to keep certain prices from going too low.
Dame Jacqueline Marie Baillie is a Scottish politician who has served as Deputy Leader of the Scottish Labour Party since 2020. She has been Member of the Scottish Parliament (MSP) for the Dumbarton constituency since 1999. She also served as acting Leader of the Scottish Labour Party in 2017 and again in 2021.
The alcohol licensing laws of the United Kingdom regulate the sale and consumption of alcohol, with separate legislation for England and Wales, Northern Ireland and Scotland being passed, as necessary, by the UK Parliament, the Northern Ireland Assembly, and the Scottish Parliament respectively.
Lowland single malts are single malt whiskies distilled in Scotland's lowlands. The region is home to distilleries such as: Annandale Distillery in Annan; Auchentoshan near Clydebank; Bladnoch in Galloway; Daftmill in Fife; The Girvan Distilleries near Girvan; and Glenkinchie distillery near Edinburgh.
The economy of Scotland is an open mixed economy, mainly services based, which is the second largest economy amongst the countries of the United Kingdom. It had an estimated nominal gross domestic product (GDP) of £218.0 billion in 2023, including oil and gas extraction in the country's continental shelf region. Since the Acts of Union 1707, Scotland's economy has been closely aligned with the economy of the rest of the United Kingdom (UK), and England has historically been its main trading partner. Scotland conducts the majority of its trade within the UK: in 2017, Scotland's exports totalled £81.4 billion, of which £48.9 billion (60%) was within the UK, £14.9 billion with the European Union (EU), and £17.6 billion with other parts of the world. Scotland’s imports meanwhile totalled £94.4 billion including intra-UK trade leaving Scotland with a trade deficit of £10.4 billion in 2017.
The health of the Scottish population is, and has been for many years, worse than that of the English. Life expectancy is the lowest in the UK, at 77.1 for men and 81.1 for women, and one of the lowest in the OECD. The gap between Scotland and England has grown since 1980. Some of this is clearly attributable to economic disadvantage, but the differences in health status are more pronounced that would be expected on that basis. It has often been suggested that the Scottish diet is to blame. This is particularly so in Glasgow and the Glasgow effect has been the subject of some academic study.
As of 2006 most distilled spirits labelled as "whisky" in India were a form of Indian-made foreign liquor, commonly blends based on neutral spirits that are distilled from fermented molasses with only a small portion consisting of traditional malt whisky, usually about 10 to 12 percent. Outside India, such a drink would more likely be labelled a rum. According to the Scotch Whisky Association's 2013 annual report, unlike in the European Union (EU), "there is no compulsory definition of whisky in India, and the Indian voluntary standard does not require whisky to be distilled from cereals or to be matured. Very little Indian 'whisky' qualifies as whisky in the EU owing to the use of molasses or neutral alcohol, limited maturation and the use of flavourings. Such spirits are, of course, considerably cheaper to produce than genuine whisky." Such molasses-based blends made up 90 percent of the spirits consumed as "whisky" in India in 2004, although whisky wholly distilled from malt and other grains, was also manufactured and sold. By 2004 shortages of wheat had been overcome and India was one of the largest producers. Amrut, the first single malt whisky produced in India, was launched in Glasgow, Scotland in 2004. After expanding in Europe it was launched in India in 2010.
Alcohol laws are laws relating to manufacture, use, being under the influence of and sale of alcohol or alcoholic beverages. Common alcoholic beverages include beer, wine, (hard) cider, and distilled spirits. Definition of alcoholic beverage varies internationally, e.g., the United States defines an alcoholic beverage as "any beverage in liquid form which contains not less than one-half of one percent of alcohol by volume". Alcohol laws can restrict those who can produce alcohol, those who can buy it, when one can buy it, labelling and advertising, the types of alcoholic beverage that can be sold, where one can consume it, what activities are prohibited while intoxicated, and where one can buy it. In some cases, laws have even prohibited the use and sale of alcohol entirely.
The Scotch Whisky Association (SWA) is a trade organisation that represents the Scotch whisky industry. The Scotch whisky industry is an important part of the Scottish economy, and particularly the Scottish export market.
The Public Health (Wales) Act 2018 is an Act of the National Assembly for Wales, which introduces a statutory minimum price for alcohol, initially 50p per unit, as an element in the programme to counter alcohol problems.