The Scotch Whisky Association (SWA) will take its fight against minimum alcohol pricing to the UK’s Supreme Court.
The Court of Session in Edinburgh had ruled against the whisky industry’s challenge to the plans – first introduced in 2012 – in October.
But the SWA has now confirmed it will appeal to the UK’s highest court in a bid to get minimum unit pricing (MUP) halted.
MUP is designed to end the sale of cheap alcohol – a move the Scottish Government believe could save thousands of lives a year.
It was passed by the Scottish Parliament in 2012, but has since been dogged by lengthy legal proceedings that have stopped it being enacted.
The SWA argue that the legislation is incompatible with EU law.
Announcing the move to take their fight to the Supreme Court, Julie Hesketh-Laird, acting chief executive of the SWA, said: “This is not a decision we have taken lightly.
“However given our strong view that minimum pricing is incompatible with EU law and likely to be ineffective, we now hope that our appeal can be heard quickly in the UK Supreme Court.
“Having studied the ruling, we believe the Scottish court has not properly reviewed the legislation’s compatibility with EU law as required by the European Court’s judgement.”
Under the plans, there would be a minimum cost of 50p per unit of alcohol, meaning a standard bottle of wine could cost no less than £4.50, while a bottle of whisky could not be sold for less than £14.
Health Secretary Shona Robison said she was “deeply disappointed” by the SWA’s decision to appeal to the Supreme Court – but was “confident” the Scottish Government would win the case.
She added: “Their seeking leave to appeal to the Supreme Court is now the only stumbling block to minimum unit pricing being introduced. Of course, it is not yet inevitable that the appeal would proceed all the way to the Supreme Court.
“I think the SWA may want to consider that MUP was passed with the overwhelming support of the Parliament, has been tested in Europe, and has now been approved twice in the Scottish courts.
“We remain committed to ongoing dialogue with the alcohol industry.
“Should the SWA drop their appeal, and accept that the time has now come to implement this measure that will save lives, they could expect very strong support from across Scotland.”
