Minimum unit pricing of alcohol - sales to trade: consultation analysis

4. Conclusion and Scottish Government response

4.1 The consultation invited comments on the Scottish Government's proposed method of clarifying the position for certain wholesalers as regards compliance with Minimum Unit Pricing. A total of 11 responses were received - five from organisations and six from individuals. Of the 11 responses, 10 (91%) commented on the Scottish Government's proposed clarification for wholesalers. Of these 10, five were responses from organisations and five were from individuals.

4.2 The issue which arose is that there are differing views within the licensing community on whether a wholesaler with a premises licence should apply Minimum Unit Pricing to sales to trade or whether all sales to trade from those licensed premises are exempt from Minimum Unit Pricing.

4.3 The Scottish Government considers a legislative change is helpful to clarify the position for certain wholesalers as regards compliance with Minimum Unit Pricing. The consultation asked for comments on the draft amendment to the 2018 Order which set the Minimum Unit Price at 50 pence.

4.4 Taking into account the preference to clarify the legislation, the method of achieving this, and the responses to this consultation, the Scottish Government concludes that the proposed method of clarifying the position for certain wholesalers as regards compliance with Minimum Unit Pricing is appropriate and is justified in order to achieve the necessary clarification. This includes using an order (secondary legislation) to achieve this rather than primary legislation, and also including the definition of "sales to trade" in the order rather than referencing the definition of "selling alcohol or other goods to trade" in section 147(2) of the 2005 Act.

4.5 One respondent made some technical suggestions in relation to the drafting of the draft amending Order. The Scottish Government has considered these suggestions and concluded that these are not required.

4.6 The Scottish Government proposes a minor adjustment to the wording of the draft Order consulted on, in order to more closely mirror the definition in the 2005 Act. The relevant text of the draft amending Order consulted on is Article 2, which stated:

"(2) In article 1(2) (interpretation), before the definition of "schedule 3", insert-

""sales to trade" means the selling of alcohol to trade to a person for the purposes of the person's trade;".

4.7 The proposed minor adjustment removes the second reference to 'to trade'. The minor adjustment means that the text becomes:

"(2) In article 1(2) (interpretation), before the definition of "schedule 3", insert-

""sales to trade" means the selling of alcohol to a person for the purposes of the person's trade;".