Minimum alcohol price is compatible with EU law, says Scottish court.

In a landmark ruling applauded by medical groups, a court has judged Scotland’s proposal to set a minimum price on a unit of alcohol as legal and compatible with European law. However, the Scotch Whisky Association and the trade organisation Spirits Europe, which have challenged the legality of minimum pricing, said that they planned to appeal and were confident of success. The industry mounted a legal challenge in Scotland’s supreme civil court, arguing that a minimum price would breach the United Kingdom’s obligations under European Union treaties because it would restrain trade. Evidence was heard over several days earlier this year. The Court of Session’s ruling rejected that view and concluded that the plan to introduce a minimum price of 50p (€0.6; $0.8) per unit of alcohol was within the powers of Scottish ministers and was not incompatible with EU law. The judgment from Lord Docherty also said that there was no need to refer any issues over alcohol pricing and EU law to another court. The ruling delighted health campaigners and medical organisations, which see minimum pricing as a key policy in helping to reduce the harm caused by alcohol. Under the proposal the cheapest bottle of whisky would rise to around £14, wine to £4.69, and four cans of lager to at least £3.52. Mariann Skar, secretary general of the European Alcohol Policy Alliance, said, “Minimum pricing has been favoured by health professionals as an effective strategy to address the growing health crisis that has resulted from the increased affordability of alcoholic beverages in some countries. European law should not be invoked to defeat alcohol harm reduction strategies, since the wellbeing of the population and the promotion of public health are primary objectives of the European treaties.” Alcohol Focus Scotland called on the Scottish Whisky Association to desist from further legal action. Its chief executive, Evelyn Gillan, said, “The alcohol industry has consistently opposedminimum unit pricing, as they oppose any measures that are likely to be effective. Thankfully, today the public interest has prevailed over the profits of the big alcohol corporations.” Neil Dewhurst, president of the Royal College of Physicians of Edinburgh, called on the Scottish government to act immediately to introduce minimum pricing. He said that recent evidence from Canada was that a 10% rise in the minimum price led to a 32% reduction in deaths caused wholly by alcohol and almost a 10% reduction in admissions to hospital. “It is now time to turn evidence of this nature into health gain in Scotland.” The industry has 21 days in which to appeal. Gavin Hewitt, chief executive of the Scotch Whisky Association, said, “The view from Europe is very different to that expressed by the court, and we are not alone in having concerns about the legality of minimum pricing. The European Commission andmore than 10 member states have expressed their concerns and their opposition to the Scottish proposals.”