The drinks industry body took action against the proposal, which it claimed would breach European law.
At a Court of Session ruling, Lord Doherty dismissed the SWA’s petition and said plans to introduce a minimum price of 50p per unit were not outside the legislative competence of the Scottish Parliament and that the proposed order setting the price was within the remit and powers of the Scottish ministers.
SWA chief executive Gavin Hewitt said:“We are disappointed our petition for judicial review has been refused. We are surprised at the ruling in light of 30 years of European case law on minimum unit pricing [MUP]. We will be appealing against this decision and we remain confident of our position.”
‘Surprised at the ruling’
The SWA said it had the European drinks industry on its side and was joined in its petition by EU spirits producers’ body the European Spirits Association and EU wine industry body Comité Européen Des Enterprises Vins.
Hewitt said: “The view from Europe is very different to that expressed by the court and we are not alone in having concerns about the legality of MUP. We are joined in our legal action by spiritsEurope and Comité Européen Des Enterprises Vins. The European Commission and more than 10 Member States have expressed their concerns that MUP contravenes EU trading rules and their opposition to the Scottish proposals.
“We have consistently opposed MUP so our decision to appeal should not come as a surprise. The Scottish government has agreed to not introduce MUP until the legal process, including appeals, is complete.”
‘Scotland’s problematic relationship with alcohol’
Welcoming last week’s ruling (May 3), Scottish health secretary Alex Neil said: “We welcome today’s favourable opinion from the Court of Session on minimum unit pricing of alcohol. We have always believed minimum unit pricing is the right thing to do to tackle Scotland’s problematic relationship with alcohol.
"Minimum unit pricing will target cheap alcohol relative to strength that is favoured by hazardous and harmful drinkers and which contributes to much of the alcohol-related harm we see in Scotland.
“We now look forward to being able to implement minimum unit pricing and making that transformational change in Scotland’s relationship with alcohol.”