Alcohol (Minimum Pricing) (Scotland) Act 2012
The Alcohol Act 2012 is an Act of the Scottish Parliament, which introduces a statutory minimum price for alcohol, initially 50p per unit, as an element in the programme to counter alcohol problems.
The Act was passed with the support of the Scottish National Party, the Conservatives, the Liberal Democrats and the Greens. The opposition, Scottish Labour. refused to support the legislation because the Act failed to claw back an estimated £125m windfall profit from alcohol retailers. The Labour MSP Malcolm Chisholm, the former Minister for Health and Community Care, disobeyed his party's whip and supported the government.Legal challenge
A legal challenge to the minimum pricing legislation failed at the Court of Session. The Scotch Whisky Association, the Confédération Européenne des Producteurs de Spiritueux and the Comité Européen des Entreprises Vins appealed the judgement. The act was delayed, with a legal challenge by the Scotch Whisky Association being referred to the Court of Justice of the European Union by the Court of Session.
The decision of the court, delivered in December 2015, was that such legislation would only be lawful if alternative policies such as higher taxes would not be effective in protecting public health. Scottish judges would be required to consider evidence on this point.
On 15 November 2017, the Supreme Court of the United Kingdom unanimously rejected the Scotch Whisky Association's case, ending the legal battle, arguing that minimum pricing was a "proportionate means of achieving a legitimate aim".
The act came into effect on 1 May 2018.
