Alcohol pricing saga goes to Court of Session

The Scotch Whisky Association (SWA) and the government will debate a European Court of Justice (ECJ) ruling from December 2015 which held that minimum unit pricing may breach EU rules on free trade.

Legislation to introduce a minimum price of 50p per unit in 2012 was passed by MSPs, with a number of professional bodies, police, charities and some members of the drink industry believing that this would help address Scotland’s “unhealthy relationship with alcohol”.

The minimum pricing plan would see drink prices rise, with the cheapest bottle of wine (4 per cent) selling for £4.69 and a bottle of 70cl whiskey for no less than £14.

The SWA challenged the legislation, arguing that minimum pricing would discriminate against poorer drinkers.

Luxembourg ruled that minimum pricing plans would restrict free trade and recommended the introduction of an alternative tax.

ECJ judges said it was “ultimately for the national court to determine whether measures other than that provided for by the Scottish legislation, such as increased taxation on alcoholic drinks, are capable of protecting human life and health as effectively as the current legislation, while being less restrictive of trade in those products within the EU”.

Lord Carloway, Lord Brodie and Lord Menzies – will take the European decision into account when making their decision on the legislation.

Regardless of the Court of Session ruling, an appeal to the Supreme Court by either SWA or the Scottish government is more than likely.