Perth & Kinross axes minimum price policy

by Ewan Turney

Britain's longest-running minimum price scheme has ended as the fallout from the Scottish Court of Session's landmark decision continues.

Established in June 2003, the Perth & Kinross scheme grew to encompass more than 440 licensed premises at its peak. By setting a minimum price agreement as a condition of regular extensions to licensing hours, the scheme was seen as the ideal template for others to follow.

Following the ruling that the proposed Aberdeen scheme was unlawful, the licensing board met to discuss the ramifications. Board members agreed that they could not ignore Lord Mackay's decision that: "The provisions of the 1976 Act do not give licensing boards the power to regulate, either directly or indirectly, the minimum prices below which alcohol may not be sold during permitted hours."

The board will now inform all licensees that the scheme is no longer operating. The hours for regular and occasional extensions previously granted will be retained for the time being, but the licensing board will carry out a review of its extended hours policy shortly.

"The board will continue to monitor binge drinking when assessing whether a person is fit and proper to hold a licence," said licensing board chairman David Dow. "We would wish to highlight the legal responsibility of licensees not to sell alcohol to people who are drunk.

"The board is particularly grateful for the support received from local licensees for the scheme and I hope that they will continue to adhere to the responsible practices they observed while the minimum pricing scheme was in force."

Legal editor of Morning Advertiser's sister publication MA Scotland Jack Cummins said: "It is significant as the most established scheme has bitten the dust." He believes that Dundee's scheme will also fall and that even the Glasgow code on promotions would fall if challenged, saying: "Consistent daily pricing is another form of price control and so is unlawful."

It now seems clear that minimum price schemes in England would collapse if challenged.