Public Health (Minimum Price for Alcohol) (Wales) Act 2018

Minimum price for alcohol

Minimum price for alcohol

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• (1) The applicable minimum price for alcohol is to be calculated, for the purposes of section 2 of this Act, by applying the formula M × S × V, where—

• (a) M is whatever price is specified in regulations as being the minimum unit price for the purposes of this Act, expressed in pounds sterling,

• (b) S is the percentage strength of the alcohol, expressed as a cardinal number,

• (c) V is the volume of the alcohol, expressed in litres.

• (2) Where but for this subsection the applicable minimum price for alcohol would not be a whole number of pennies, it is to be rounded to the nearest whole penny (taking half a penny as being nearest to the next whole penny above).

• (3) For example—

• (a) in the case of a bottle of wine, S (percentage strength of the wine) is 12.5%, and V (volume of the wine) is 75 centilitres;

• (b) taking M (specified minimum unit price) to be £0.50, the applicable minimum price for the wine would be calculated as £0.50 × 12.5 × 0.75 = £4.69.

Offences

Offences

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• (1) It is an offence for a person who is an alcohol retailer—

• (a) to supply alcohol from qualifying premises in Wales, or

• (b) to authorise the supply of alcohol from qualifying premises in Wales,

at a selling price below the applicable minimum price for the alcohol.

• (2) It is a defence for a person charged with an offence under this section to show that the person took reasonable steps and exercised due diligence to avoid committing it.

• (3) If a person charged with an offence under this section relies on the defence in subsection (2), and evidence is adduced that is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

• (4) It is immaterial for the purposes of subsection (1)(b) whether the authorisation takes place in Wales or elsewhere.

• (5) For the purposes of this section and section 6, “selling price”, in relation to alcohol, means its price including VAT and all other taxes.

• (6) In Schedule 4 (personal licence: relevant offences) to the 2003 Act, after paragraph 2 insert —

(2A) An offence under the Public Health (Minimum Price for Alcohol) (Wales) Act 2018.

Interpretation of core terms

Meaning of “supply of alcohol” and “qualifying premises”

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• (1) In this Act, the supply of alcohol means—

• (a) the sale by retail of alcohol to a person in Wales, or

• (b) the supply of alcohol by or on behalf of a club to a member of the club who is in Wales, or to a person in Wales to the order of a member of the club,

and related expressions are to be construed accordingly.

• (2) Premises are qualifying premises for the purposes of this Act if—

• (a) a premises licence granted under Part 3 of the 2003 Act authorises the premises to be used for the supply of alcohol,

• (b) a club premises certificate granted under Part 4 of the 2003 Act certifies that the premises may be used for the supply of alcohol, or

• (c) the supply of alcohol on or from the premises is a permitted temporary activity for the purposes of Part 5 of the 2003 Act.

Meaning of “alcohol retailer”

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• (1) In relation to the supply of alcohol from premises that are qualifying premises by virtue of section 3(2)(a), each of the following is to be treated as an alcohol retailer for the purposes of this Act—

• (a) an individual to whom a personal licence has been granted under Part 6 of the 2003 Act that authorises the individual to supply alcohol, or to authorise the supply of alcohol, in accordance with the premises licence concerned;

• (b) the individual who is the designated premises supervisor for the purposes of the 2003 Act.

• (2) In relation to the supply of alcohol from premises that are qualifying premises by virtue of section 3(2)(b), the person who is the holder of the club premises certificate concerned is to be treated as an alcohol retailer for the purposes of this Act.

• (3) In relation to the supply of alcohol from premises that are qualifying premises by virtue of section 3(2)(c), the individual who is the premises user for the purposes of Part 5 of the 2003 Act is to be treated as an alcohol retailer for the purposes of this Act.

Special offers

Special offers: multi-buys of alcohol

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• (1) Where alcohol is supplied in a multi-buy alcohol transaction, the applicable minimum price is to be calculated by reference to all of the alcohol included in the transaction.

• (2) Alcohol is supplied in a multi-buy alcohol transaction if—

• (a) it is supplied free of charge by reference to the supply of other alcohol, or

• (b) other alcohol is supplied free of charge by reference to it,

and, in either case, both the free alcohol and the alcohol by reference to which the free alcohol is supplied are to be treated as being included in the same transaction.

• (3) Alcohol is also supplied in a multi-buy alcohol transaction if—

• (a) it is supplied at a price fixed by reference to the supply of other alcohol, or

• (b) other alcohol is supplied at a price fixed by reference to it,

and, in either case, both the fixed price alcohol and the alcohol by reference to which the fixed price alcohol is supplied are to be treated as being included in the same transaction.

• (4) Alcohol is also supplied in a multi-buy alcohol transaction if it is supplied, together with other alcohol, for a fixed price, in which case all of the alcohol supplied for that price is to be treated as being included in the same transaction.

• (5) But alcohol is not to be treated as being supplied in a multi-buy alcohol transaction if anything except alcohol is supplied in the transaction.

• (6) For example—

• (a) in a special offer, 4 cans of lager and 4 cans of cider are supplied together for a fixed price: S (percentage strength) is 4% in relation to the lager, and 6% in relation to the cider, while V (volume) is 440 ml in each case;

• (b) taking M (specified minimum unit price) to be £0.50, the applicable minimum price for the transaction is £8.80, that sum being the aggregate of the following calculations—

• £0.50 × 4 × 1.76 = £3.52 (the minimum price of the lager), and

• £0.50 × 6 × 1.76 = £5.28 (the minimum price of the cider).

Special offers: supply of alcohol with goods and services

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• (1) Where alcohol is supplied together with goods other than alcohol, or with services, for a single price, subsection (2) applies.

• (2) The alcohol is to be treated as being supplied at that single price for the purpose of determining whether the selling price of the alcohol is below the applicable minimum price.

• (3) For example—

• (a) in a special offer, the cans of lager and cider mentioned in the example given in section 5(6) are supplied with a pizza for a single price;

• (b) taking M (specified minimum unit price) to be £0.50, the selling price of the alcohol is to be treated for the purposes of this Act as being the total price of the cans and the pizza, and that price must not be lower than £8.80, being the applicable minimum price for the lager and cider.

• (4) Where alcohol is supplied for a price fixed by reference to the supply of goods other than alcohol, or of services (a “special price”), subsection (5) applies for the purpose of determining whether the selling price of the alcohol is below the applicable minimum price.

• (5) The alcohol is to be treated as being supplied at a price equal to the aggregate of the special price and the price (if any) for which the other goods and services are supplied.

• (6) For example—

• (a) in a special offer, the cans of lager and cider mentioned in the example given in section 5(6) are supplied for a special price if a pizza is purchased for £5.00;

• (b) taking M (specified minimum unit price) to be £0.50, the selling price of the alcohol is to be treated for the purposes of this Act as being the aggregate of the price of the pizza and the special price, and that special price must not be lower than £3.80, being the applicable minimum price for the cans of lager and cider (which is £8.80) less the price for the pizza (which is £5.00).

Special offers: supplementary

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• (1) Subsection (2) applies where some of the alcohol supplied in a multi-buy alcohol transaction, or for a single price or special price, is of a different strength from other alcohol supplied in the transaction or for that price.

• (2) The applicable minimum price for the alcohol supplied in the transaction or for that price is to be calculated by adding the applicable minimum price for each strength of alcohol supplied in the transaction or for the price.

• (3) References in section 6 to alcohol being supplied together with other goods and services include references to transactions where alcohol is provided together with other goods and services, and—

• (a) the other goods or services are supplied at a price, but

• (b) the alcohol is described as being supplied free of charge.

Penalties

Penalties

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A person guilty of an offence under section 2 is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Fixed penalties

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• (1) Where an authorised officer of a local authority has reason to believe that a person has committed an offence under section 2 in the local authority's area, the officer may give that person a fixed penalty notice in respect of that offence.

• (2) A fixed penalty notice is a notice offering a person the opportunity to discharge any liability to conviction for the offence by paying a fixed penalty.

• (3) In the case of an offence that an authorised officer has reason to believe has been committed by a partnership, the reference in subsection (1) to the person to whom a fixed penalty notice may be given is to be treated as a reference to the partnership.

• (4) In the case of an offence that an authorised officer has reason to believe has been committed by an unincorporated association other than a partnership, the reference in subsection (1) to the person to whom a fixed penalty notice may be given is to be treated as a reference to the association.

• (5) For further provision about fixed penalties, see Schedule 1.

• (6) For the meaning of “authorised officer”, see section 11.

Enforcement

Enforcement action by local authorities

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• (1) A local authority may—

• (a) bring prosecutions in respect of offences in its area under this Act;

• (b) investigate complaints in respect of alleged offences in its area under this Act;

• (c) take any other steps with a view to reducing the incidence in its area of offences under this Act.

• (2) A local authority must—

• (a) consider, at least once in every period of twelve months, the extent to which it is appropriate for the authority to carry out in its area a programme of enforcement action in relation to this Act, and

• (b) to the extent that it considers it appropriate to do so, carry out such a programme.

• (3) In complying with subsection (2), an authority must in particular have regard to the following objectives—

• (a) improving public health;

• (b) protecting children from harm.

• (4) For the purposes of subsection (2), a programme of enforcement action in relation to this Act is a programme involving the taking of all or any of the steps referred to in subsection (1).

Authorised officers

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References in this Act to an authorised officer of a local authority are to any person authorised by the authority for the purposes of this Act.

Power to make test purchases

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An authorised officer of a local authority may make such purchases and arrangements, and secure the provision of such services, as the officer considers necessary for the purpose of the exercise of the local authority's functions under or by virtue of this Act.

Powers of entry

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• (1) An authorised officer of a local authority may enter premises in Wales at any reasonable time if the officer—

• (a) has reasonable grounds for believing that an offence under section 2 has been committed in the area of the local authority, and

• (b) considers it necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed.

• (2) But this does not apply in relation to premises used wholly or mainly as a dwelling.

• (3) An authorised officer may not enter premises by force under this section.

• (4) An authorised officer must, if asked to do so, before entering premises under this section show evidence of the authorisation referred to in section 11.

Warrant to enter a dwelling

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• (1) A justice of the peace may exercise the power in subsection (2) in relation to premises in Wales used wholly or mainly as a dwelling if satisfied on sworn information in writing—

• (a) that there are reasonable grounds for believing that an offence under section 2 has been committed in the area of a local authority, and

• (b) that it is necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed.

• (2) The justice may issue a warrant authorising an authorised officer of the local authority to enter the premises, if need be by force.

• (3) The warrant continues in force until the end of the period of 28 days beginning with the date it was issued.

Warrant to enter other premises

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• (1) A justice of the peace may exercise the power in subsection (2) in relation to premises in Wales other than premises used wholly or mainly as a dwelling if satisfied on sworn information in writing—

• (a) that there are reasonable grounds for believing that an offence under section 2 has been committed in the area of a local authority,

• (b) that it is necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed, and

• (c) that a requirement set out in subsection (3) or (4) is met.

• (2) The justice may issue a warrant authorising an authorised officer to enter the premises, if need be by force.

• (3) The requirement is that—

• (a) a request to enter the premises has been, or is likely to be, refused, and

• (b) notice of intention to apply for a warrant under this section has been given to the occupier or a person who reasonably appears to the local authority to be concerned in the management of the premises.

• (4) The requirement is that requesting to enter the premises, or the giving of notice of intention to apply for a warrant under this section, is likely to defeat the purpose of the entry.

• (5) The warrant continues in force until the end of the period of 28 days beginning with the date on which it was issued.

Supplementary provision about powers of entry

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• (1) An authorised officer of a local authority entering premises under section 13, or by virtue of a warrant issued under section 14 or 15, may take such other persons and such equipment as the officer considers appropriate.

• (2) If the occupier of premises an authorised officer is authorised to enter by a warrant under section 14 or 15 is present at the time the authorised officer seeks to execute the warrant, the officer must—

• (a) inform the occupier of the officer's name;

• (b) produce documentary evidence to the occupier of the officer's authorisation;

• (c) supply a copy of the warrant to the occupier.

• (3) If premises that an authorised officer is authorised to enter by a warrant under section 14 or 15 are unoccupied, or if the occupier is temporarily absent, then on leaving the premises the officer must leave them as effectively secured against unauthorised entry as when the officer found them.

Powers of inspection, etc.

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• (1) An authorised officer of a local authority entering premises under section 13, or by virtue of a warrant issued under section 14 or 15, may do any of the following if the officer considers it necessary for the purpose of ascertaining whether an offence under section 2 has been committed—

• (a) carry out inspections and examinations on the premises;

• (b) require the production of anything on the premises, inspect it, and take and retain samples of or extracts from it;

• (c) take possession of anything on the premises, and retain it for as long as the officer considers necessary for that purpose;

• (d) require any person to give information, or afford facilities and assistance with respect to matters within the person's control.

• (2) If the authorised officer considers it necessary for the purpose of ascertaining whether an offence under section 2 has been committed, the officer may arrange for anything produced under subsection (1)(b), or of which the officer has taken possession under subsection (1)(c), to be analysed.

• (3) If by virtue of subsection (1)(c) an authorised officer takes possession of anything, the officer must leave on the premises from which it was taken a statement—

• (a) giving particulars of what has been taken and stating that the officer has taken possession of it, and

• (b) identifying the person to whom a request for the return of the property may be made.

• (4) The powers conferred by this section include the power—

• (a) to copy documents found on the premises;

• (b) to impose requirements as to how documents are provided (which may include requirements to provide legible copies of documents found on the premises that are stored electronically).

• (5) For this purpose, “documents” includes information recorded in any form; and references to documents found on the premises include—

• (a) documents stored on computers or other electronic devices on the premises, and

• (b) documents stored elsewhere that can be accessed by computers or other electronic devices on the premises.