The Alcohol (Minimum Price per Unit) (Scotland) Order 2018

Made: 26th April 2018

Coming into force: 1st May 2018

The Scottish Ministers make the following Order in exercise of the powers conferred by paragraphs 6A(4) and (6) of schedule 3 and paragraphs 5A(4) and (6) of schedule 4 of the Licensing (Scotland) Act 2005 (“the 2005 Act”) and all other powers enabling them to do so .

There has been a consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety .

In accordance with section 146(5)(a) of the 2005 Act , a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Alcohol (Minimum Price per Unit) (Scotland) Order 2018 and comes into force on 1st May 2018.

• (2) In this Order—

• “sales to trade” means the selling of alcohol to a person for the purposes of the person’s trade;

• “schedule 3” means schedule 3 (premises licences: mandatory conditions) of the Licensing (Scotland) Act 2005; and

• “schedule 4” means schedule 4 (occasional licences: mandatory conditions) of the Licensing (Scotland) Act 2005.

Minimum price per unit

2

For the purposes of paragraph 6A(3) of schedule 3 and paragraph 5A(3) of schedule 4, the minimum price per unit is 65 pence.

Labelling provisions

3

For the purposes of paragraph 6A(5)(b) of schedule 3 and paragraph 5A(5)(b) of schedule 4, the relevant labelling provisions are the Food Information (Scotland) Regulations 2014 .

Signed

SHONA ROBISON — A member of the Scottish Government — 2018-04-26

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 2005 asp 16. Paragraph 6A of schedule 3 and paragraph 5A of schedule 4 were inserted by section 1 of the Alcohol (Minimum Pricing) (Scotland) Act 2012 (asp 4) (“the 2012 Act”).

[^f00002]: The powers to make this Order are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (“the 2010 Act”). The Order is subject to the affirmative procedure by virtue of section 33(3) of the 2010 Act.

[^f00003]: OJ L 31, 1.2.2002, p.1, last amended by Regulation (EU) No 652/2014 (OJ L 189, 27.6.2014, p.1).

[^f00004]: Section 146(5)(a) has been modified by paragraph 5 of schedule 3 of the 2010 Act and was amended by section 1(4) of the 2012 Act.

[^f00005]: S.S.I. 2014/312 (“the 2014 Regulations”) as amended by S.S.I. 2015/208, S.S.I. 2015/410 and S.S.I. 2016/191. The 2014 Regulations enforce provisions of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p.18). Article 9(1)(k) of Regulation 1169/2011 sets out mandatory provisions about labelling in relation to alcoholic strength of beverages containing more than 1.2% by volume of alcohol. Failure to comply with Article 9 and other related labelling provisions is an offence in terms of regulation 10 of the 2014 Regulations.

Editorial notes

[^c22962431]: 2005 asp 16. Paragraph 6A of schedule 3 and paragraph 5A of schedule 4 were inserted by section 1 of the Alcohol (Minimum Pricing) (Scotland) Act 2012 (asp 4) (“the 2012 Act”).

[^c22962441]: The powers to make this Order are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (“the 2010 Act”). The Order is subject to the affirmative procedure by virtue of section 33(3) of the 2010 Act.

[^c22962451]: OJ L 31, 1.2.2002, p.1, last amended by Regulation (EU) No 652/2014 (OJ L 189, 27.6.2014, p.1).

[^c22962461]: Section 146(5)(a) has been modified by paragraph 5 of schedule 3 of the 2010 Act and was amended by section 1(4) of the 2012 Act.

[^c22962471]: S.S.I. 2014/312 (“the 2014 Regulations”) as amended by S.S.I. 2015/208, S.S.I. 2015/410 and S.S.I. 2016/191. The 2014 Regulations enforce provisions of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p.18). Article 9(1)(k) of Regulation 1169/2011 sets out mandatory provisions about labelling in relation to alcoholic strength of beverages containing more than 1.2% by volume of alcohol. Failure to comply with Article 9 and other related labelling provisions is an offence in terms of regulation 10 of the 2014 Regulations.

[^key-6f1414eba75ef9d334587aa50aa84053]: Art. 2A inserted (3.4.2020) by The Alcohol (Minimum Price per Unit) (Scotland) Amendment Order 2020 (S.S.I. 2020/81), arts. 1, 2(3)

[^key-780a3fb349fc2028a10c987bfea3c45a]: Words in art. 1(2) inserted (3.4.2020) by The Alcohol (Minimum Price per Unit) (Scotland) Amendment Order 2020 (S.S.I. 2020/81), arts. 1, 2(2)

[^key-188c697e586a8bc57ffffe3539a85f21]: Words in art. 2 substituted (30.9.2024) by The Alcohol (Minimum Price per Unit) (Scotland) Amendment Order 2024 (S.S.I. 2024/128), arts. 1, 2(2)

Sales to trade

2A

The minimum price per unit specified in article 2 does not apply for the purpose of sales to trade.

Labelling provisions