Scottish Government Hold Consultation on MUP by Wholesalers

20 Jun
2018

It has been reported, that the Scottish Government is due to consult on technical changes to minimum unit pricing.  Of particular purpose to this consultation is clarity on the wholesale of alcohol in Scotland and in what circumstances does MUP (minimum unit pricing) apply to such sales.

The position has followed a number of different views held by both licensing lawyers and the licensing community on this point. 

The Cabinet Secretary for Health and Sport, Shona Robinson declared;

“the Scottish Government considers that a legislative change is required in order to clarify the situation.  ….. Wholesalers selling to trade only are not required to hold a Premises Licence so minimum unit pricing does not apply.  Wholesalers also selling to the public also require a Premises Licence and all sales (other than to a person for the purpose of their trade) must comply with minimum unit pricing”.

The Scottish Wholesale Association welcomes the announcement and has stated;

“Our guidance note for wholesalers – on which we have obtained independent legal advice and joint Counsel’s opinion reflects this decision and the use of dual pricing, notwithstanding our, and the Scottish Government’s view, that this is the correct legal position as it stands, the Scottish Wholesale Association welcomes that the matter will be put beyond doubt by proposed amendment to the 2012 Act to confirm that trade sales do not have to comply with MUP”.

More information on the proposed consultation can be found here.

The Scottish Wholesale Association’s guidance note for wholesalers on minimum unit pricing (MUP) and licensing is linked here in case of interest.

We will report further on the consultation paper and any further developments once published.

If you have any queries in relation to this or any other aspect of the implementation of MUP in Scotland please speak to our team on 0114 2668664.

Law correct at the date of publication.
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