Minimum alcohol pricing 'hits poor'

Jan 15 2013

A legal challenge to the introduction of a minimum price for alcohol is under way with claims that the move will hit poor drinkers and distort the market.

The Scotch Whisky Association (SWA) and other European wine and spirits producers have brought a legal action against legislation which would see a minimum unit price of 50p introduced in Scotland.

They believe the law, passed at Holyrood last year, breaches the UK's EU treaty obligations because it would restrain trade. They also maintain it will be ineffective in tackling alcohol misuse and say it will penalise responsible drinkers and damage the industry.

Ministers say they are committed to introducing the policy which they believe will help address the nation's unhealthy relationship with drink and save lives. They have undertaken not to bring in the measure until the legal action is over.

The case got under way in full at the Court of Session in Edinburgh, where eight days have been set aside for all the arguments to be aired before a single judge.

Setting out SWA's case, Aidan O'Neill QC argued health statistics show that the problem of hazardous and harmful drinking is actually most common among the richer, rather than the poorer, sections of society.

Mr O'Neill said: "What one can draw from that is that hazardous and harmful drinkers are more likely to be found in the rich, rather than among the poor, and the rich, by definition, have more disposable income. Therefore a pricing measure which targets cheap alcohol is one... that can be avoided by the rich."

The association's petition for a judicial review, brought in conjunction with SpiritsEurope and Comite Vins, is being heard by judge Lord Doherty, who is expected to give his decision at a later date.

Speaking in advance of the hearing, a Scottish Government spokesman said: "The Scottish Government has successfully legally defended Acts of Parliament before in the courts and, in this instance, we are confident that minimum unit pricing is a proportionate measure and that it will save lives and reduce the harm caused by alcohol misuse."