Alcohol Focus Scotland correspondence: FOI release

Information requested

1. Could you supply all analysis written for or by the Scottish Government about the price of alcohol due to a supermarket levy and minimum unit pricing increase?

2. Could you all briefings and documentation held about minimum unit pricing targeting dependent drinkers?

3. Could you supply all correspondence sent between the Scottish Government and alcohol focus Scotland over the last six months?

4. Could you supply all documentation held, including correspondence sent and received, including internal, minutes/notes from meetings, meetings and analysis, surrounding crime going up due to Minimum unit pricing increasing, from the last six months?

5. Could you supply all documentation held, including correspondence sent and received, including internal, minutes/notes from meetings, meetings and analysis, about alcohol advertising and marketing, from the last three months?

6. Could you supply all discussions held with shops about the increase in minimum unit pricing, including email correspondence, minutes/notes from meetings and briefings, from between June 1 2024 and October 1 2024?

Response

In relation to question 1, the analysis utilised by the Scottish Government is available using the links below.

Scottish Government – Impact Assessments – Minimum Unit Pricing

• 8. Costs and benefits - Minimum unit pricing of alcohol : final business and regulatory impact assessment - gov.scot
• Minimum Unit Pricing (MUP) Continuation and future pricing: Business and Regulatory Impact Assessment - gov.scot

Sheffield Alcohol Research Group - Report - New modelling of alcohol pricing policies, alcohol consumption and harm in Scotland

• New modelling of alcohol harms in Scotland - Sheffield Addictions Research Group

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy.

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 review and collate 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, this could be done by only requesting specific forms of documentation on the minimum unit pricing, such as meeting notes or minutes, rather than requesting all documentation on this topic. It may also be worth considering reducing the time period of information requested.

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.

In relation to question 3, I enclose most of the information you requested (Annex A attached separately). While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under section 38(1)(b) (personal information) of FOISA apply to that information. This relates to the personal information of people identified within the documents you have requested, specifically names, email addresses and phone numbers. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

In addition, some content within Annex A has been redacted under section 33(1)(b) (disclosure would (or would be likely to) prejudice substantially the commercial interests of any person of organisation). This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption.

We recognise that there is some public interest in release of information because of the need for open and transparent government and the contentious nature, and interest in the policy topic concerned. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications to ensure that commercial interests of any organisation are not prejudiced in any way.

In relation to question 4, the Scottish Government does not have the information you have asked for because the information you have requested does not exist.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

The Scottish Government absolutely recognises the disruption and harm to businesses from theft and antisocial behaviour, and Police Scotland and partners are taking action to tackle and reduce it.

We value the vital role that retailers and shop workers have in our society and want to ensure that they are protected. No one should be made to feel unsafe when simply doing their job. Threats, abuse, and assaults are not acceptable to any retail workers and the Scottish Government is pleased that the specific offence in the Protection of Workers (Scotland) Act 2021 can be used to hold perpetrators to account.

The Scottish Government also fully supports the innovative Scottish Partnership Against Acquisitive Crime, which is led by Police Scotland and includes retailers and a number of other organisations. The Partnership is taking a collaborative approach to preventing and deterring crimes such as shoplifting through the sharing of best practice and intelligence, alongside enforcement activity.

Anyone affected by these kinds of incident should report it to Police Scotland who remain focused on keeping our communities safe from harm. The Official Statistics on police recorded crime include long term trends in shoplifting and crimes and offences recorded under the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021. These can be found here.

In relation to question 5, 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 review and collate 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, this could be done by only requesting specific forms of documentation on alcohol marketing and advertising, such as meeting notes or minutes, rather than requesting all documentation on this topic. It may also be worth considering further reducing the time period of information requested.

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 6, some of the information you have requested is available using the following link:

Minimum unit pricing for alcohol - Alcohol and drugs - gov.scot

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

Additionally, I enclose a copy of some of the information you requested (Annex B attached separately).

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under section 38 (1)(b) of FOISA applies to some of the information you have requested. This relates to the personal information of people identified within the documents you have requested, specifically names and telephone numbers.

This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

About FOI

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

FOI 202400444638 - Information Released - Annex A

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357.1 kB

FOI 202400444638 - Information Released - Annex B

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629.5 kB