SWA and Spirits Europe appeal MUP ruling

Spirits Europe and the Scotch Whisky Association are to appeal a Scottish court’s ruling in favour of minimum unit pricing at the UK Supreme Court.

Spirits Europe, the Scotch Whisky Association and Comité Vins will appeal the ruling to the UK Supreme Court

Bolstered by wine trade body Comité Vins, the unity will appeal a decision made by the Court of Session in Edinburgh, which paved the way for the Scottish government to introduce the policy.

In the ruling, the government said a set price of 50p per unit of alcohol would bring “health benefits of one sort or another” to “at least part” of the population.

However Paul Skehan, director general of Spirits Europe, believes the policy is “unlikely to have any significant impact on alcohol-related harm”, adding that it is “probably illegal” under EU law.

“Believing, as we do, that the evidence behind this measure is weak at best, that it is unlikely to have any significant impact on alcohol-related harm, and that the measure is probably illegal under EU law, we are left with no appropriate response other than to appeal to the UK Supreme Court,” he said.

“We are confident of the ultimate outcome. In the meantime, we will continue with the many campaigns and initiatives we run or finance towards responsible drinking, and against drink drive, underage and binge drinking.

“We acknowledge and share the Scottish government’s concerns about these harms caused by excessive drinking, but we do not believe MUP – a theoretical computer-based model, whose predicted outcomes have changed many times – to be an appropriate response.”

The introduction of minimum unit pricing would ramp up the cost of more than half of Scotland’s total alcohol sales, with the price of blended Scotch set to rise by 20%, according to data released by Nielsen earlier this week.

The vodka category would also be hit hard – requiring a 16.3% price rise to to meet the threshold.

In December 2015, the European Court of Justice ruled that MUP contravenes EU laws if other options to tackle harmful drinking exist – but that it was ultimately up to the Scottish national courts to decide whether other measures are capable of protecting human health, while being less restrictive of EU trade.

According to Julie Hesketh-Laird, Scotch Whisky Association acting chief executive, the Scottish court has “not properly reviewed” the legislation’s consonance with EU law.

“This is not a decision we have taken lightly,” said Hesketh-Laird. “It comes after wide consultation with our member companies and other parties to the case to see whether there is an alternative way forward. However, given our strong view that minimum pricing is incompatible with EU law and likely to be ineffective, we now hope that our appeal can be heard quickly in the UK Supreme Court.
“Having studied the ruling, we believe the Scottish court has not properly reviewed the legislation’s compatibility with EU law as required by the European Court’s judgment.

“We remain committed to working closely with the Scottish government and everyone else who shares our common goal of tackling alcohol misuse. By working effectively in partnership we hope the long-term trend decline in alcohol-related harms in Scotland will continue.”