Alcohol (Minimum Pricing) (Scotland) Act 2012



Alcohol (Minimum Pricing) (Scotland) Act 2012

2012 asp 4

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 24th May 2012 and received Royal Assent on 29th June 2012

An Act of the Scottish Parliament to make provision about the price at which alcohol may be sold from licensed premises; and for connected purposes.

Minimum price of alcohol

Minimum price of alcohol

S-1 Minimum price of alcohol

1 Minimum price of alcohol

(1) The Licensing (Scotland) Act 2005 is amended as follows.

(2) In schedule 3 (premises licences: mandatory conditions), before paragraph 6B insert-

"6A(1) Alcohol must not be sold on the premises at a price below its minimum price.

(2) Where alcohol is supplied together with other products or services for a single price, sub-paragraph (1) applies as if the alcohol were supplied on its own for that price.

(3) The minimum price of alcohol is to be calculated according to the following formula-

MPU x S x V x 100

where-

MPU is the minimum price per unit,

S is the strength of the alcohol, and

V is the volume of the alcohol in litres.

(4) The Scottish Ministers are to specify by order the minimum price per unit for the purposes of sub-paragraph (3).

(5) For the purposes of sub-paragraph (3), where-

(a) the alcohol is contained in a bottle or other container, and

(b) the bottle or other container is marked or labelled in accordance with relevant labelling provisions,

the strength is taken to be the alcoholic strength by volume as indicated by the mark or label.

(6) The Scottish Ministers are to specify by order the enactments which are relevant labelling provisions for the purposes of sub-paragraph (5).".

(3) In schedule 4 (occasional licences: mandatory conditions), before paragraph 5B insert-

"5A(1) Alcohol must not be sold on the premises at a price below its minimum price.

(2) Where alcohol is supplied together with other products or services for a single price, sub-paragraph (1) applies as if the alcohol were supplied on its own for that price.

(3) The minimum price of alcohol is to be calculated according to the following formula-

MPU x S x V x 100

where-

MPU is the minimum price per unit,

S is the strength of the alcohol, and

V is the volume of the alcohol in litres.

(4) The Scottish Ministers are to specify by order the minimum price per unit for the purposes of sub-paragraph (3).

(5) For the purposes of sub-paragraph (3), where-

(a) the alcohol is contained in a bottle or other container, and

(b) the bottle or other container is marked or labelled in accordance with relevant labelling provisions,

the strength is taken to be the alcoholic strength by volume as ind icated by the mark or label.

(6) The Scottish Ministers are to specify by order the enactments which are relevant labelling provisions for the purposes of sub-paragraph (5).".

(4) In section 146-

(a) in subsection (4)(a), for "or 150(2)" substitute ", 150(2), paragraph 6A(4) of schedule 3, or paragraph 5A(4) of schedule 4",

(b) in subsection (5)(a), for "or 123(6)" substitute ", 123(6), paragraph 6A(4) of schedule 3, or paragraph 5A(4) of schedule 4".

S-2 Duration of minimum pricing provisions

2 Duration of minimum pricing provisions

(1) The minimum pricing provisions expire at the...

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