Introducing a minimum unit price for alcohol in Scotland: considerations under European Law and the implications for European public health

Abstract

Scotland has amongst the highest rates of alcohol-related harms in Western Europe and over the last three decades has observed an approximate 3-fold increase in alcohol-related mortality.1 The Scottish Government has identified the affordability of alcohol as a key component for an effective strategy in addressing these harms. While increases in alcohol duty can be used to reduce affordability, responsibility for determining alcohol duty lies with the UK rather than Scottish Parliament so the introduction of a minimum unit price (MUP) is being considered as a more targeted alternative. Its potential introduction raises a number of important legal considerations that bear relevance to future public health legislative measures across the European Union. In this article, we outline some of the main considerations as illustrated by the case study of MUP in Scotland and discuss the implications for countries across Europe and other areas of public health policy. The Alcohol (Minimum Pricing) (Scotland) Act, along with subordinate legislation, will require holders of liquor licences to charge a minimum price per unit of alcohol (calculated as the minimum price charged = minimum price per unit × strength of the alcohol × volume in litres). However, the introduction of MUP has implications for the obligations of the UK as a member state of the European Union (EU). The Treaty on the Functioning of the European Union (like its predecessor treaties) includes the currently named Article 34. This article states that: ‘quantitative restrictions on imports between member states and all measures having equivalent effect shall be prohibited’. But Article 36 sets out situations where that prohibition does not apply: The provisions of Article 34 … shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified …