Scottish court rejects legal challenge to plans for minimum unit price for alcohol

The Court of Session in Scotland has dismissed a legal challenge brought by the Scotch Whisky Association and others to the Scottish Government’s plans for the introduction of a minimum unit price for alcohol.

Lord Carloway, the Lord President of the Court of Session, said the Lord Ordinary had in an earlier ruling directed himself correctly on EU law. “He applied that law accurately to the facts which he found demonstrated by the material before him,” the Lord President added.

The court’s ruling can be found here.

Aileen Campbell, Minister for Public Health and Sport, said the association and other petitioners had been entitled to raise the action, but urged them to “now respect the democratic will of the Scottish Parliament and the ruling of the Court of Session and enable this life-saving measure to be introduced”.

The minister said the policy had been passed by the Scottish Parliament almost unopposed more than four years ago.

“In that time, the democratic will of our national parliament has been thwarted by this ongoing legal challenge, while many people in Scotland have continued to die from the effects of alcohol misuse,” she said.

“Today’s ruling is a landmark one, and should mark the end of the legal process, allowing this important policy to finally be brought forward.”

Campbell added: “Minimum unit pricing is the most proportionate and effective way to reduce the harm caused by cheap, high strength alcohol….

“I’m proud that Scotland has led the way on this public health measure, which other countries are also interested in pursuing, and who will also be welcoming today’s court ruling.”

David Frost, chief executive of the Scotch Whisky Association, said: "We regret the Court of Session's ruling in favour of the Scottish Government on minimum unit pricing (MUP). We continue to believe that MUP is a restriction on trade and that there are more effective ways of tackling alcohol misuse. However, we of course remain committed to working with all partners to address this problem so that the long-term trend of declining alcohol-related harm in Scotland continues.

"We will study the details of the judgement and consult our members before deciding on next steps, including any possible appeal to the UK Supreme Court."