Minimum unit pricing and alcohol advertising restrictions: FOI release

Information requested

1. All briefings, analysis and assessments done by the Scottish Government regarding the minimum unit pricing sunset clause from the last six months, up to date of this FOI?

2. All correspondence received and sent by the Scottish Government, including internally, about minimum unit pricing, between July 15 2023 up to date of this FOI?

3. Who directed the civil servants to change the report as referenced here: https://www.thetimes.co.uk/article/independent‐alcoholpricing‐report‐was‐amended‐by‐civil‐servants‐ck2ll2wvn

4. Was an economic impact assessment written before the original alcohol advertisement ban consultation, if it was, could you supply it, if it wasn't why not?

5. Has an economic impact assessment been done on any plans to increase the minimum unit pricing as referenced here: https://www.bbc.co.uk/news/uk‐scotland‐66242437

‐If so, could you supply this? If not, why?

6. All correspondence sent and received by the Scottish Government, including internally, by the Edinburgh Fringe Festival, about the alcohol advertising restrictions consultation?

7. All briefings prepared for ministers and officials ahead of appearances in front of the health, social care and sport committee, on November 7?

Response

With regards to question 1, 6 and 7 whilst our aim is to provide information whenever possible, in this instance we are unable to provide all the information you have requested. I enclose a copy of some of the information you have requested, this is available at Annex B, C and D. This is set out in more detail in Annex A.

With regards to question 2, while our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. This is due to the scope of the request and associated time required to provide the information for release. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. For example, by providing a specific timeframe for your request or narrowing your request to a certain type of information. You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

With regards to question 3, this is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. The Memorandum of Agreement between Scottish Government and Public Health Scotland(PHS) allowed Scottish Government sight of the PHS evaluation report in advance of publication. This is in line with well‐established evaluation practices. Taking on board any comments was at the discretion of PHS and ultimately PHS made the final judgement on what would be included in the final report.

With regards to question 4, there was no Business and Regulatory Impact Assessment carried out before the restricting alcohol advertising and promotions consultation was published. The purpose of conducting the consultation before any proposals were progressed was to allow organisations and individuals the opportunity at the earliest stage to feedback on the various approaches set out in the consultation on restricting alcohol marketing. This was, in part, to allow the Scottish Government to gain an understanding of the potential impacts on business, industry and other groups as part of developing a future Business and Regulatory Impact Assessment.

Regarding question 5, I can confirm an interim business and regulatory impact assessment on the potential continuation and price increase of minimum unit price was published on 20 September 2023.

This can be accessed on the Scottish Government’s website: Alcohol ‐ minimum unit pricing ‐ continuation and future pricing: interim business and regulatory impact assessment ‐ gov.scot (www.gov.scot)

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI 202400392969 - Information Released - Annex

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