Drinks makers’ legal warning

DRINKS producers have stepped up warnings that a minimum price on alcohol in Scotland will be shot down in the courts if passed by MSPs.

They highlighted a legal opinion sought by the Swiss government when it considered setting a minimum price, which concluded in 2009 that the measure would fall foul of European Union rules on fair trade.

The Swiss opinion argued that a minimum price would not be “proportionate” to the issue at hand, and would “restrict the economic freedom” guaranteed under EU law to businesses.

Three years ago, the Chilean embassy wrote to the Scottish Government to warn the measure could discriminate against its wine producers.

Opposition MSPs yesterday urged Ms Sturgeon to notify the minimum price to the European Commission, which could lead to it laying out its view on the legality of the measure. She acknowledged that a legal challenge could occur, but said she hoped any producer inclined to challenge the case would “respect the will of the parliament”.

She said the updated evidence from the University of Sheffield experts would be one factor in developing the legal case, along with others.